UPSolid2010LegalEthicsReviwer Unlocked

LABOR LAW REVIEWER
LEGAL ETHICS & FORMS 2010
LEGAL ETHICS
LEGAL FORMS
Copyright and all other relevant rights over this material are owned jointly by the University of the Philippines College of Law, the Faculty Editor and the Student Editorial Team. The ownership of the work belongs to the University of the Philippines College of Law. No part of this book shall be reproduced or distributed without the consent of the UP College of Law. All rights are reserved.
LEGAL ETHICS AND FORMS REVIEWER
LEGAL ETHICS
Table of Contents
Chapter I. Legal Profession.............................3 I. Supervision and Control........................3 II. Practice of Law......................................3 III. Admission to Practice............................4 1. Citizenship .............................................5 2. Residence..............................................5 3. Age ........................................................5 4. Good Moral Character ...........................5 5. Legal Education.....................................5 6. Bar Examinations ..................................6 7. Lawyers Oath........................................7 IV. Qualifications for Practice .....................7 1. Law Students.........................................7 2. Agent .....................................................8 3. Self-representation ................................8 V. Prohibition from Practice .......................8 VI. Notarial Practice....................................9 Chapter II. Code of Professional Responsibility.................................................11 I. Legal Ethics.........................................11 II. Lawyers Duties to Society ..................12 Canon 1 ...................................................12 Canon 2 ...................................................13 Canon 3 ...................................................16 Canon 4 ...................................................19 Canon 5 ...................................................19 Canon 6 ...................................................20 III. Lawyers Duties to the Legal Profession 22 Canon 7 ...................................................22 Canon 8 ...................................................23 Canon 9 ...................................................25 IV. Lawyers Duties to the Courts .............27 Canon 10 .................................................27 Canon 11 .................................................28 Canon 12 .................................................29 Canon 13 .................................................32 V. Lawyers Duties to the Client ..............33 Canon 14 .................................................33 Canon 15 .................................................34 Canon 16 .................................................36 Canon 17 .................................................38 Canon 18 .................................................39 Canon 19 .................................................40 Canon 20 .................................................41 Canon 21 .................................................43 Canon 22 .................................................48 Chapter III. Discipline of Lawyers.................50 I. Liabilities of Lawyers ...........................50 II. Power to Discipline Errant Lawyers ....50 A. Forms of Disciplinary Measures .....50 B. Suspension and Disbarment...........51 C. Procedure for Suspension or Disbarment of Attorneys by the IBP ........ 52 D. Procedure for Suspension or Disbarment of Attorneys (Rule 139-B) by the Supreme Court Motu Propio ............. 52 E. Imposition of Penalties in the Supreme Court ........................................ 52 III. Modifying Circumstances.................... 53 A. Mitigating Circumstances ............... 53 B. Aggravating Circumstances............ 53 C. Effect of Executive Pardon ............. 53 IV. Reinstatement..................................... 53 Chapter IV. Code of Judicial Conduct ........ 55 I. Independence ..................................... 55 II. Integrity ............................................... 57 III. Impartiality........................................... 57 IV. Propriety.............................................. 59 V. Equality ............................................... 61 VI. Competence and Diligence................. 61 Chapter V. Discipline of Judges .................. 63 I. Liabilities of Judges............................. 63 II. Discipline of Members of the Bench ... 63 Annexes .......................................................... 65 Indigent Clients ............................................ 65 A. A.M. No. 04-2-04-SC ...................... 65 B. RA 6033.......................................... 65 C. RA 6034.......................................... 66 D. RA 6035.......................................... 66 E. PD 543............................................ 67 F. A.M. No. 08-11-7-SC (IRR) ............ 68 Special Law on Retired Justices and Judges ..................................................................... 73 Law on Obstruction of Justice ..................... 75 2004 Rules on Notarial Practice .................. 76 BAR MATTER NO. 850 ............................... 85 [October 02, 2001] ....................................... 85 BM No. 2012................................................ 91 Rule on Mandatory Legal Aid Service ......... 91 B.M. No. 1153.............................................. 94 Republic Act No. 9999 ................................. 95 Republic Act No. 6713 ................................. 97 Republic Act No. 3019 ................................. 97 A.M. No. 02-9-02-SC ................................... 99 A. M. No. 00-8-10-SC .................................. 99 B.M. No. 2012............................................ 100 Rule 138-A................................................. 104 Presidential Decree No. 1829.................... 104
LEGAL FORMS
Table of Contents
Part I. Parts Common to Forms ..................108 A. Scilicet ...............................................108 B. Captions and Titles ...........................108 C. Prayer................................................109 D. Statements Under Oath ....................109 1. Acknowledgement and Jurat ........109 2. Verification ....................................111 3. Certification against Forum Shopping ......................................................112 4. Verified Statement of Material Dates 113 5. Specific Denial of Due Execution of Actionable Documents..................114 E. Request for and Notice of Hearing....114 F. Proof of Service.................................115 1. Proof of Personal Service .............115 2. Proof of Service by Registered Mail (with Explanation for failure to serve personally) ....................................115 G. Place, Date, Signature, Address, Roll Number, IBP Receipt Number, PTR Number, etc.......................................116 H. Notice of Appeal................................117 Part II. A. B. D. E. E. 1. 2. 3. 4. 5. Pleadings in Civil Procedure .........118 Complaint ..........................................118 Answer ..............................................120 Pre-Trial Brief ....................................122 Motions..............................................124 Special Civil Actions..........................132 Certiorari.......................................132 Prohibition ....................................133 Mandamus....................................134 Interpleader ..................................135 Action to Quiet (or Remove Cloud on) Title...............................................136 6. Action for Declaratory Relief ........137 7. Quo Warranto...............................138 IV. Pleadings and Other Legal Documents Common to Civil and Criminal Procedure. 150 A. Offer of Evidence and Opposition/Comment to Offer ........... 150 B. Demurrer to Evidence ....................... 152 C. Notice of Lis Pendens ....................... 154 D. Appearance and Withdrawal as Counsel ...................................................... 154 E. Substitution of Counsel ..................... 156 Part V. Pleadings in Cases and Special Proceedings.................................................. 157 A. Petition for Habeas Corpus............... 157 B. Petition for Adoption.......................... 158 C. Petition for Declaration of Nullity of Marriage ............................................ 158 D. Petition for Probate of Holographic Will .. ...................................................... 160 Part VI. Deeds, Contracts and Other Legal Documents.................................................... 161 A. General Power of Attorney................ 161 B. Special Power of Attorney................. 162 C. Contract of Lease.............................. 163 D. Holographic and Notarial Will ........... 164 E. Donation Inter Vivos.......................... 166 F. Secretarys Certificate....................... 167 G. Board Resolutions............................. 167 H. Deed of Assignment.......................... 168 I. Deed of Sale ..................................... 168 J. Dacion En Pago ................................ 173 K. Chattel Mortgage .............................. 174 Part VII. Appeals and Other Modes of Review 175 A. Ordinary Appeals in Civil Cases ....... 175 B. Ordinary Appeals in Criminal Cases. 175 C. Petitions for Review .......................... 176 Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data ........................... 177 A. Amparo.............................................. 177 B. Writ of Habeas Data.......................... 180 Glossary of Uncommon Terms................... 183
Part III. Pleadings and Other Legal Documents in Criminal Procedure .............139 A. Complaint-Affidavit and CounterAffidavit..............................................139 B. Information and Complaint ................142 C. Motions..............................................145 1. Motion to Quash Information........145 2. Motion to Quash Search Warrant 146 3. Motion to Suppress Evidence ......147 4. Motion for Bail ..............................148 D. Application for Bail ............................149
Table of Contents
LEGAL ETHICS
Table of Contents
Chapter I. Legal Profession.............................3 I. Supervision and Control........................3 II. Practice of Law......................................3 III. Admission to Practice............................4 1. Citizenship .............................................5 2. Residence..............................................5 3. Age ........................................................5 4. Good Moral Character ...........................5 5. Legal Education.....................................5 6. Bar Examinations ..................................6 7. Lawyers Oath........................................7 IV. Qualifications for Practice .....................7 1. Law Students.........................................7 2. Agent .....................................................8 3. Self-representation ................................8 V. Prohibition from Practice .......................8 VI. Notarial Practice....................................9 Chapter II. Code of Professional Responsibility.................................................11 I. Legal Ethics.........................................11 II. Lawyers Duties to Society ..................12 Canon 1 ...................................................12 Canon 2 ...................................................13 Canon 3 ...................................................16 Canon 4 ...................................................19 Canon 5 ...................................................19 Canon 6 ...................................................20 III. Lawyers Duties to the Legal Profession 22 Canon 7 ...................................................22 Canon 8 ...................................................23 Canon 9 ...................................................25 IV. Lawyers Duties to the Courts .............27 Canon 10 .................................................27 Canon 11 .................................................28 Canon 12 .................................................29 Canon 13 .................................................32 V. Lawyers Duties to the Client ..............33 Canon 14 .................................................33 Canon 15 .................................................34 Canon 16 .................................................36 Canon 17 .................................................38 Canon 18 .................................................39 Canon 19 .................................................40 Canon 20 .................................................41 Canon 21 .................................................43 Canon 22 .................................................48 Chapter III. Discipline of Lawyers.................50 I. Liabilities of Lawyers ...........................50 II. Power to Discipline Errant Lawyers ....50 A. Forms of Disciplinary Measures .....50 B. Suspension and Disbarment...........51 C. Procedure for Suspension or Disbarment of Attorneys by the IBP ........ 52 D. Procedure for Suspension or Disbarment of Attorneys (Rule 139-B) by the Supreme Court Motu Propio ............. 52 E. Imposition of Penalties in the Supreme Court ........................................ 52 III. Modifying Circumstances.................... 53 A. Mitigating Circumstances ............... 53 B. Aggravating Circumstances............ 53 C. Effect of Executive Pardon ............. 53 IV. Reinstatement..................................... 53 Chapter IV. Code of Judicial Conduct ........ 55 I. Independence ..................................... 55 II. Integrity ............................................... 57 III. Impartiality........................................... 57 IV. Propriety.............................................. 59 V. Equality ............................................... 61 VI. Competence and Diligence................. 61 Chapter V. Discipline of Judges .................. 63 I. Liabilities of Judges............................. 63 II. Discipline of Members of the Bench ... 63 Annexes .......................................................... 65 Indigent Clients ............................................ 65 A. A.M. No. 04-2-04-SC ...................... 65 B. RA 6033.......................................... 65 C. RA 6034.......................................... 66 D. RA 6035.......................................... 66 E. PD 543............................................ 67 F. A.M. No. 08-11-7-SC (IRR) ............ 68 Special Law on Retired Justices and Judges ..................................................................... 73 Law on Obstruction of Justice ..................... 75 2004 Rules on Notarial Practice .................. 76 BAR MATTER NO. 850 ............................... 85 [October 02, 2001] ....................................... 85 BM No. 2012................................................ 91 Rule on Mandatory Legal Aid Service ......... 91 B.M. No. 1153.............................................. 94 Republic Act No. 9999 ................................. 95 Republic Act No. 6713 ................................. 97 Republic Act No. 3019 ................................. 97 A.M. No. 02-9-02-SC ................................... 99 A. M. No. 00-8-10-SC .................................. 99 B.M. No. 2012............................................ 100 Rule 138-A................................................. 104 Presidential Decree No. 1829.................... 104
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LEGAL ETHICS
Chapter I. LEGAL PROFESSION
LEGAL ETHICS
LEGAL ETHICS TEAM

Prof. Concepcion Jardeleza
Faculty Editor
Chapter I. Legal Profession

LEGAL PROFESSION Definition: A group of learned men and women pursuing a learned art as a common calling in the spirit of public service. Organization Learned art Public service
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LEGAL ETHICS
Giselle Mauhay
Lead Writer Aggie Dorotan Dino Regalario Raish Rojas Ray Velasco Althea Ojaminal Macri Reyes Kriska Chen Jopet Go Alex Dela Cruz Cuayo Juico Jian Boller Sam Sy Ivan Palpagan Ranx Roxas Gianna De Jesus Annie Almojuela Gene Lopez Diana Dy Venus Ambrona Dimitri Roleda Charles Icasiano Rai Aliman Mae Acha Sharey Lucman Writers
I.
Supervision and Control
Regulated by the Supreme Court (SC), not by the Professional Regulatory Commission unlike all other professions. Statutory Basis 1987 Constitution Art. VIII, Sec. 5, Sub-sec. 5. The SC has the power to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law. SC has the inherent power to integrate the bar in the exercise of the power to promulgate rules of the judiciary, including admission to the practice of law, and to the Integrated Bar. (In the matter of the Integration of the Integrated Bar of the Philippines, January 9, 1973) BAR Refers to the whole body of attorneys and counselors, collectively, the members of the legal profession BENCH Denotes the whole body of judge
LEGAL ETHICS and FORMS

Francesse Joy Cordon
Subject Editor
ACADEMICS COMMITTEE
Kristine Bongcaron Michelle Dy Patrich Leccio
Editors-in-Chief
PRINTING & DISTRIBUTION

Kae Guerrero
DESIGN & LAYOUT

Pat Hernandez Viktor Fontanilla Romualdo Menzon Jr. Rania Joya
LECTURES COMMITTEE
Michelle Arias Camille Maranan Angela Sandalo
Heads Katz Manzano Mary Rose Beley Sam Nuez Krizel Malabanan Arianne Cerezo Marcrese Banaag Volunteers
II. Practice of Law

Definition: any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. It is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill. (Cayetano v. Monsod, GR. 100113, September 3, 1991) Activity in or out of court Application of legal knowledge or skill Padilla (dissent in Cayetano v. Monsod): There are four factors which determine the practice of law. (HACA) 1. Habituality customarily or frequently holding ones self out to the public as a lawyer
MOCK BAR COMMITTEE

Lilibeth Perez
BAR CANDIDATES WELFARE

Dahlia Salamat
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head Loraine Mendoza Faye Celso Mary Mendoza Joie Bajo Members
2. Application of law, legal principles, practice, or procedure calls for legal knowledge, training and experience 3. Compensation his professional services are available to the public for compensation, as a service of his livelihood or in consideration of his said services 4. Attorney-client relationship hence for Padilla, teaching law or writing law books are not considered as practice of law. Giving advice for compensation regarding the legal status and rights of another and for ones conduct with respect thereto constitutes practice of law. (Ulep v. Legal Clinic, Bar Matter No. 553, June 17, 1993) Persons entitled to practice law are those who are licensed as members of the Bar; or hereafter maybe licensed as such in accordance with the provisions of the Rules of Court and who are in good and regular standing. (Rules of Court, Rule 13, Section 1)
admission of bar examinees to the bar by usurping such power through a legislative act. The [Act] is not a legislation; it is a judgmentthe law passed by Congress on the matter is of permissive character, merely to fix the minimum conditions for the license. (In re Cunanan, 94 Phil 534 (1954)) Sharia lawyers are not considered attorneys. The SC has declared that persons who pass the Sharia Bar are not full-fledged members of the Philippines Bar hence may practice only before Sharia courts. While one who has been admitted to the Sharia Bar, and one who has been admitted to the Philippine Bar, may both be considered as counselors, in the sense that they give counsel or advice in a professional capacity, only the latter is an attorney. (Alawi v. Alauya, A.M. SDC-97-2-P. February 24, 1997) ATTORNEY Officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. (Cui v. Cui, 120 Phil. 729) BARRISTER In England, a person entitled to practice law as an advocate or counsel in superior court. SOLICITOR In England, a person prosecuting or defending suits in Courts of Chancery. In the Philippines, a government lawyer attached with the Office of the Solicitor General. NOTARY PUBLIC A public officer authorized by law to certify documents, take affidavits, and administer oaths. Under the 2004 Rules on Notarial Practice, all notaries must be lawyers. REQUIREMENTS FOR PRACTICE (CRAGEBO) ADMISSION TO
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III. Admission to Practice

The constitutional power to admit candidates to the legal profession is a judicial function and involves exercise of discretion (In re: Almacen, 31 SCRA 562, 1970) The power of the Supreme Court to regulate the practice of law includes: (1) authority to define the term [practice] (2) prescribe the qualifications of a candidate to and the subjects of the bar examinations (3) decide who will be admitted to practice (4) discipline, suspend or disbar any unfit and unworthy member of the bar (5) reinstate any disbarred or indefinitely suspended attorney (6) ordain the integration of the Philippine Bar (7) punish for contempt any person for unauthorized practice of law and (8) in general, exercise overall supervision of the legal profession Congress has no power to regulate the bar (admission to practice). However, in the exercise of police power it may enact laws regulating the practice of law to protect the public. (In re Cunanan) The Bar Flunkers Act of 1953 (RA 972) was declared partially unconstitutional because encroached upon the powers granted by the Constitution to the SC in determining the
Citizenship Residence Age (above 21 yrs) Good Moral Character and no charges involving moral turputide Legal Education (pre-law, law proper) Bar Examinations Lawyers Oath
1. Citizenship Statutory Basis 1987 Constitution, Art. XII, Sec. 14. The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be a citizen of the Philippines Rationale Citizenship ensures allegiance to the republic and its laws. A Filipino citizen admitted to the Philippine Bar must maintain such citizenship to remain qualified for the practice of law in this country. (In Re Arthur Castillo Reyes (1993)) 2. Residence Statutory Basis Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be be a resident of the Philippines Rationale Because his/her duties to his client and to the court will require that he be readily accessible and available 3. Age Statutory Basis Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be at least twenty-one years of age Rationale Because maturity and discretion are required in the practice of law 4. Good Moral Character Statutory Basis Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be of good moral character and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. Good moral character is a continuing qualification required of every member of the Bar, it is not only a qualification precedent to the practice of law. (Narag v. Narag, 291 SCRA 451, June 29, 1998)
Qualities of truth-speaking, a high sense of honor, full candor, intellectual honesty, and the strictest observance of fiduciary responsibility. (Frankfurter) Good moral character includes at least common honesty. Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and dishonorable, they reveal a basic moral flaw. (Olbes v. Deciembre, 457 SCRA 341) Question of moral turpitude is for SC to decide, which is why applicants are required to disclose any crime which they have been charged. Concealment or withholding from the court information about charges and indictments is a ground for disqualification of applicant or for revocation of license. (Agpalo) SC may deny lawyers oath-taking based on a conviction for reckless imprudence resulting in homicide (hazing case). But after submission of evidence and various certifications he may now be regarded as complying with the requirements of good moral characterhe is not inherently of bad moral fiber. (In Re: Argosino, A.M. No. 712 July 13, 1995; B.M. No. 712 March 19, 1997) 5. Legal Education Pre-Law
Statutory Basis Rules of Court, Rule 138, Sec. 6. A bachelors degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, English, Spanish, History and Economics. A college degree must first be obtained before studying law. Otherwise, one will not be qualified to take the bar examinations. (In re Telesforo Diao, 1963) Law Proper
Statutory Basis Rules of Court, Rule 138, Sec. 5 and 6. All applicants for admissionshall, before being admitted to the examination, satisfactorily show
LEGAL ETHICS
Definitions: Absence of a proven conduct or act which has been historically and traditionally considered as a manifestation of moral turpitude. The act or conduct need not amount to a crime; and even if it does constitute an offense, a conviction upon a criminal charge is not necessary to demonstrate bad moral character although it may show moral depravity. (Agpalo)
1st day
Must have completed courses in: Civil Law Commercial Law Remedial Law Public International Law Private International Law Political Law Labor and Social Legislation Medical Jurisprudence Taxation Legal Ethics Graduates of foreign law schools beginning 1994 shall not be allowed to take the bar examinations since they cannot present the certifications required under sections 5 and 6 of Rule 138. (Re: Application of Adriano M. Hernandez, 1993) 6. Bar Examinations Statutory Basis: Rules of Court, Rule 138. a. WHEN TO FILE FOR PERMIT (Sec. 7) At least 15 days before the beginning of the examination. Applicants must submit affidavits of age, residence, citizenship, legal education. Notice (Sec. 8) Notice of applications for admission shall be published by the clerk of the Supreme Court in newspapers published in Filipino, English and Spanish, for at least 10 days before the beginning of the examination. b. CONDUCT OF EXAM (Sec. 10) Questions will be in English or Spanish, to be answered in writing by examines. No oral examinations. If penmanship is poor, SC may allow upon verified application the use of a noiseless typewriter. Committee will take all precautions to prevent the substitution of papers or commission of other frauds. No papers, books or notes allowed into the examination rooms. Examinees shall not place their names on the examination papers. c. WHEN AND WHERE TO TAKE EXAM (Sec. 11) In four days designated by bar examiner, annually (in September) and in the city of Manila. d. SUBJECTS (Sec. 9 & 11)
2nd day 3rd day
4th day
Passing averagE (Sec. 14) A general average of 75 % in all subjects, without falling below 50 % in any subject. Relative weights: Civil Law Labor and Social Legislation Mercantile Law Criminal Law Political and International Law Taxation Remedial Law Legal Ethics and Practical Exercises 15 % 10 % 15 % 10 % 15 % 10 % 20 % 5%
e. WHO MAKES THE EXAM (Sec. 12): One member of the Supreme Court acts as Chairman, plus eight members of the bar who act as examiners who hold office for one year. Beginning in 2009, there will be two examiners per subject. The Bar Confidant acts as a sort of liaison officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the other. He is at the same time a deputy clerk of court. The names of the members of this committee shall be published in each volume of the official reports. f. RESULTS (Sec. 15) Committee must file its report on the results not later than February 15th after the examination, or as soon thereafter as may be practicable. g. FLUNKERS (Sec. 16) Retakers must apply again. Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination
LEGAL ETHICS
that they have regularly studied law for four years, and successfully complete all prescribed courses, in a law school or university, officially approved and recognized by the Secretary of Education.
Political (Constitutional Law, Public Corporations and Public Officers) and International Law(Private and Public) (morning) Labor and Social Legislation (afternoon) Civil Law (morning) Taxation (afternoon) Mercantile Law (morning) Criminal Law (afternoon) Remedial Law (morning) * consists of Civil Procedure, Criminal Procedure and Evidence Legal Ethics and Practical Exercises (in Pleading and Conveyancing) (afternoon)
The professors of the individual review subjects under this rule shall certify under oath that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary students and the ratings obtained by them in the particular subject. h. DISCIPLINE (Sec. 13) No candidate shall endeavor to influence any member of the committee. During examination the candidates shall not communicate with each other and shall not give or receive any assistance. Violators will be punished by disqualification, counted as a failure. Further disciplinary action, including permanent disqualification, may be taken in the discretion of the court. i. BAR EXAM AS CIVIL SERVICE ELIGIBILITY The law makes passing the bar examination equivalent to a first grade civil service eligibility for ay position in the classified service in the government the duties of which require knowledge of law, or a second grade civil service eligibility for any other government position which does not prescribe proficiency in law as a qualification. First grade civil service eligibility for any position Second grade civil service eligibility for position which does not prescribe proficiency in law 7. Lawyers Oath Statutory Basis Rules of Court, Sec. 17. An applicant who has passed the required examination, or has been otherwise found to be entitled to admission to the bar, shall take and subscribe before the Supreme Court an oath of office. Form 28 of the Judicial Standard Forms prescribes the following oath to be taken by the applicant: I, _____, do solemnly swear that I will maintain allegiance to the Republic of the Philippines. I will support and defend its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein;
I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the court as to my clients; and I impose upon myself this obligation voluntarily, without any mental reservation or purpose of evasion. So help me God. The lawyers oath is not a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions according to the sworn promises he makes when taking the lawyers oath. If all lawyers conducted themselves strictly according to the lawyers oath and the Code of Professional responsibility, the administration of justice will undoubtedly fairer, faster and easier for everyone concerned. (In Re: Argosino, 270 SCRA 26 1997) By taking the lawyers oath, a lawyer becomes the guardian of truth and the rule of law and an indispensable instrument in the fair and impartial administration of justice. (Olbes v. Deciembre, A.C. No. 5365 (April 2005)
IV. Qualifications for Practice

Statutory Basis Rules of Court, Rule 138, Sec. 1. Any person duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law. General Rule: Members of the Bar Exceptions: (1) Law students (2) By an agent/friend (3) By person 1. Law Students Statutory Basis Rules of Court, Rule 138-A or the Law Student Practice Rule Qualifications of Students who may Appear in Court: Third year standing Enrolled in a recognized law schools legal
LEGAL ETHICS
unless they show proof of reenrollment and successful completion of regular fourth year review classes as well as attended a pre-bar review course in a recognized law school.
I will do no falsehood nor consent to the doing of any in court;
education program approved by the Supreme Court, without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school Under direct supervision and control of a member of the IBP duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers must be signed by the supervising attorney for and in behalf of the legal clinic. Rule 138, Sec. 34. A law student may appear in his personal capacity without the supervision of a lawyer in inferior courts. Direct Supervision and Control Requires no less than the physical presence of the supervising lawyer during the hearing. In Re: Need That Law Student Practicing Under Rule 138-A Be Actually Supervised During Trial (1997) A law student appearing before the RTC under Rule 138-A should at all times be accompanied by a supervising lawyer. 2. Agent Statutory Basis Rules of Court, Rule 138, Sec. 34. In such cases, no attorney-client relationship exists; not habitual. An agent is usually appointed or a friend chosen in a locality where a licensed member of the bar is not available. Civil a party in a civil suit may conduct his litigation either personally or by attorney unless the party is a juridical person. Allowed in MTC, RTC, appellate court. Criminal in a locality where a lawyer is unavailable, a judge may appoint a non-lawyer who is a resident of the province, and of good repute for probity and ability to defend the accused. Allowed up to MTC-level only. Administrative tribunals only if they represent their organization or members. NLRC, cadastral courts, etc. Limitations: non-adversarial contentions not habitually rendered not charge for payment For the government any person appointed to appear for the government of the Philippines in accordance with law
3. Self-representation Statutory Basis Rules of Court, Rule 138, Sec. 34. A person may represent himself before any court. He is bound by the same rules in conducting the trial of his case. He cannot, after judgment, claim that he was not properly represented. Rule 115, Sec 1 (c) provides that an accused may waive his right to counsel but if he cannot protect his rights without the assistance of a counsel, the Court should advise him to secure a counsel de parte or appoint a counsel de officio to represent him. Counsel de officio A counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused. Counsel de parte A counsel employed or retained by the party, or the accused RIGHT TO COUNSEL: Absolute and immutable. However, his option to secure the services of counsel de parte is not absolute. The trial court may restrict his option to retain a counsel de parte if a) the accused insists on an attorney he cannot afford b) chosen counsel is not a lawyer or c) the attorney declines to represent the accused for a valid reason, in which case the trial court can appoint his counsel de oficio to represent him. In a democratic and civilized country where the rights of a person are determined in accordance with established rules, the employment of a person acquainted with those rules becomes a necessity both to the litigants and to the Court. A party litigant needs the assistance of counsel in all proceedings, administrative, civil or criminal. (Agpalo)
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V. Prohibition from Practice

RELATIVE PROHIBITION 1. Senators and members of the House of Representatives (prohibition to appear) (Art VI, Sec. 14, 1987 Constitution) 2. Members of the Sanggunian (RA No. 7160, Sec. 91) ABSOLUTE PROHIBITION 1. Judges and other officials as employees of the Superior Court (Rule 148, Sec. 35, RRC) 2. Officials and employees of the OSG 3. Government prosecutors (People v.
Villanueva, 14 SCRA 109) 4. President, Vice-President, members of the cabinet, their deputies and assistants, (Art. VIII Sec. 15, 1987 Constitution) 5. Chairmen and Members of the Constitutional Commissions (Art. IX-A, Sec. 2, 1987 Constitution) 6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par.), 1987 Constitution) 7. Solicitor general and assistant solicitor generals 8. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90) 9. Those who, by special law, are prohibited from engaging in the practice of their legal profession SPECIAL RESTRICTIONS 1. Retired judges amended) (RA 910, Sec. 1, as
Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries publicA notarial document is by law entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be able to rely upon the acknowledgement executed by a notary public. (Baylon v. Almo, A.C. No. 6962, June 25, 2008) Qualifications of a Notary Public citizen of the Philippines over 21 years of age resident of the Philippines for at least one year and maintains a regular place of work or business member of the Philippine Bar in good standing, with clearances from the Bar Confidant of the SC and the IBP no conviction for any crime involving moral turpitude (Hence all notaries are lawyers but not all lawyers are notaries.) COMMISSION A notarial commission is granted by an executive judge after petition of the lawyer, and is good for two years. Every petition undergoes a hearing and approved after petition is proven sufficient in form and substance petitioner proves allegations in petition petitioner establishes to the satisfaction of the court that he has read and understood the Rules on Notarial Practice AUTHORITY OF THE NOTARY To certify signature and to sign in behalf of an affiant. A notary is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented if: the thumb or other mark is affixed in presence of notary and two disinterested witnesses both witnesses affix their own mark the affiant and witnesses personally present ID with picture, oath of witnesses known to the individuals, and residence certificates, if not personally known the notary writes: Thumb or other mark affixed by ___ in the presence of ____ and undersigned notary public. notary public notarizes the signatures or marks through an acknowledgment, jurat or signature witnessing
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LEGAL ETHICS
A retired justice or judge receiving a pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office. REMEDIES PRACTICE AGAINST UNAUTHORIZED
Petition for Injunction Declaratory Relief Contempt of Court Disqualification and complaints for disbarment Criminal complaint for estafa who falsely represented to be an attorney to the damage party
VI. Notarial Practice

NOTARY PUBLIC or a notary is any person commissioned to perform official acts acknowledgements; oaths and affirmations; jurats; signature witnessing; copy certifications; and any other act authorizes in the rules Purpose To verify the personal appearance of affiant and the genuineness of signature To authenticate document and verify due execution, making document admissible in evidence without proof of authenticity.
A notary public authorized to sign on behalf of a person unable to sign if: he is directed by the person unable to sign or make a mark the signature of the notary is affixed in the presence of two disinterested witnesses both witnesses sign their own names the affiant and witnesses personally present ID with picture, oath of witnesses known to the individuals, and residence certificates, if not personally known the notary writes: Signature affixed by notary in the presence of ____. notary public notarizes the signatures or marks through an acknowledgment or jurat What can be notarized GENERAL RULE: A notary can notarize any document, upon request of affiant. Notarization of document must be at the notary publics regular place of work. Exception: 1. Irregularity in place - if it is outside of his territorial jurisdiction Exceptions: (1) in public offices, convention halls and other places where oaths of office are administered (2) public function areas in hotels and similar areas used for the signing of instruments or documents requiring notarization (3) hospitals and other medical institutions where a part to an instrument is confined for treatment (4) any place where a party to the instrument requiring notarization is under detention 2. Irregularity in person Disqualifications: (1) if notary is personally a party to the instrument (2) if he will receive as an indirect and direct result any commission, fee, advantage, right, title, interest, cash, property, or other consideration in excess of what is provided in these rules (3) if notary is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal up to the fourth degree Mandatory refusal to notarize If the transaction is unlawful or immoral
NOTARIAL REGISTER A chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages. There must only be one active register ay any given time. Required entries: entry number and page number date and time of day type of notarial act title or description of document name and address of each principal competent evidence of identity name and address of each credible witness fee charged address where the notarization was performed, if not the notarys regular place of business any other circumstance of significance Official signature signed by hand, not by facsimile stamp or printing device, and at the time of the notarization Official seal two-inch diameter seal with the words Philippines, attorneys name at the margin and the roll of attorneys number. For vendors, the sale of the seal may only be upon judicial authority, for a period of 4 years. For buyers, a certified copy of the commission is necessary for purchase. One seal per certificate. The act of a lawyer notarizing a Special Power of Attorney knowing that the person who allegedly executed it is dead is a serious breach of the sacred obligation imposed upon him by the Code of Professional Responsibility, specifically Rule 1.01 of Canon 1. (Sicat v. Arriola, 456 SCRA 93 (2005)) A lawyer is guilty of misconduct in the performance of his duties if he fails to register in his notarial register the affidavits-complaints which were filed in an administrative case before the Civil Service Commission. (Aquino v. Pascua, 539 SCRA 1 (2007))
LEGAL ETHICS
If the signatory shows signs that he does not understand consequences of the act, per the notarys judgment If the signatory appears not to act of his own free will, per the notarys judgment
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Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY
Chapter II. Code Responsibility

I.
of
Professional
LEGAL ETHICS DUTIES OF A LAWYER II. LAWYERS DUTIES TO SOCIETY A. CANON 1: Promote And Respect The Law And Legal Process B. CANON 2: Provide Efficient And Convenient Legal Services C. CANNON 3: Information On Legal Services That Is True, Honest, Fair And Dignified D. CANON 4: Support For Legal Reforms And Administration Of Justice E. CANON 5: Participate In Legal Education F. CANON 6: Government Lawyers III. LAWYERS DUTIES TO THE LEGAL PROFESSION A. CANON 7: Uphold Dignity And Integrity In The Profession B. CANON 8: Courtesy, Fairness, Candor Towards Professional Colleagues C. CANON 9: Unauthorized Practice Of Law IV. LAWYERS DUTIES TO THE COURTS A. CANON 10: Observe Candor, Fairness And Good Faith B. CANON 11: Respect Courts And Judicial Officers C. CANON 12: Assist In Speedy And Efficient Administration Of Justice D. CANON 13: Refrain From Act Giving Appearance Of Influence V. LAWYERS DUTIES TO THE CLIENT A. CANON 14: Service To The Needy B. CANON 15: Observe Candor, Fairness, Loyalty C. CANON 16: Hold In Trust Clients Moneys And Properties D. CANON 17: Trust And Confidence E. CANON 18: Competence And Diligence F. CANON 19: Representation With Zeal G. CANON 20: Attorneys Fees H. CANON 21: Preserve Clients Confidence I. CANON 22: Withdrawal Of Services For Good Cause Valid Ground For Refusal
1) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; 2) To observe and maintain the respect due to the courts of justice and judicial officers; 3) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; 4) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 5) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; 6) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; 7) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; 8) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; 9) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. PUBLIC DUTY as attorneys are faithful assistants of the court in search of a just solution to disputes A counsel de officio is expected to render effective service and to exert his best efforts on behalf of an indigent accused. He has a high duty to the poor litigant as to a paying client. He should have a bigger dose of social conscience and a little less of self interest. (Agpalo) PRIVATE DUTY as attorneys operate as a trusted agent of his client A private prosecutor may intervene in the prosecution of a criminal action when the offended party is entitled to indemnity and has not waived expressly, reserved or instituted the civil action for damages.
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LEGAL ETHICS
I.
Legal Ethics
Definition: Body of principles by which the conduct of members of the legal profession is controlled. It is that branch of moral science which treats of the duties which an attorney at law owes to his clients, to the courts, to the bar and to the public. (G.A. Malcolm, Legal and Judicial Ethics 8, 1949) Duties of a Lawyer Statutory basis: Rule 138, Sec. 20
Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY UNLAWFUL CONDUCT An act or omission which is against the law. Dishonesty involves lying or cheating. (Agpalo) IMMORAL OR DECEITFUL CONDUCT That which is willful, flagrant or shameless and which shows a moral indifference to the opinion of the good and respectable members of the community. (Aguirre) MORAL TURPITUDE Includes everything which is done contrary to justice, honesty, modesty, or good morals. It involves an act of baseness, vileness, or depravity in the private duties which a man owed his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or good morals. (Barrios v. Martinez, 442 SCRA 324 (2004)) E.g. crimes of murder, estafa, rape, violation of BP 22, bribery, bigamy, adultery, seduction, abduction, concubinage, smuggling
Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. (Rule 110, Sec. 5, ROC, as amended per A.M. No. 02-2-07-SC, May 1, 2002) FOUR-FOLD DUTIES OF A LAWYER (Per the Code of Professional Responsibility) 1) Duties to Society should not violate his responsibility to society exemplar for righteousness ready to render legal aid foster social reforms guardian of due process aware of special role in the solution of special problems and be always ready to lend assistance in the study and solution of social problems 2) Duties to the Legal Profession candor fairness courtesy and truthfulness avoid encroachment in the business of other lawyers uphold the honor of the profession 3) Duties to the Court respect or defend against criticisms uphold authority and dignity obey order and processes assist in the administration of justice 4) Duties to the Client entire devotion to clients interest
Immorality connotes conduct that shows indifference to the moral norms of society. For such conduct to warrant disciplinary action, the same must be grossly immoral, it must be so corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. Respondent's act belies the alleged moral indifference and proves that she has no intention of flaunting the law and the high moral standards of the legal profession. (Ui v. Bonifacio, 333 SCRA 38) Mere intimacy between a man and a woman, both of whom possess no impediment to marry, voluntarily carried and devoid of deceit on the part of the respondent is neither so corrupt nor so unprincipled as to warrant the imposition of disciplinary sanction, even if a child was born out of wedlock of such relationship. It may suggest a doubtful moral character but not grossly immoral. (Figueroa v. Barranco, 276 SCRA 445 (1997)) Reconciliation between Delizo-Cordova and Cordova, assuming the same to be real, does not excuse or wipe away the misconduct and immoral behavior carried out in public. The requirement of good moral character persists as a continuing condition for membership in the Bar in good standing. (Cordova v. Cordova, 179 SCRA 680 (1989)) While sexual relations between two unmarried adults is not sufficient to warrant disbarment, it is not with respect to betrayals to the marital vow. Respondents wanton disregard for the sanctity of marriage is shown when he pursued a married woman and thereafter cohabited with her. (Guevarra v. Eala, 529 SCRA 1 (2007))
II. Lawyers Duties to Society

Canon 1
A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law of and legal processes.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
LEGAL ETHICS
In case of heavy work schedule of the public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecution to prosecute the case subject to the approval of the Court.
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When lawyers are convicted of frustrated homicide, the attending circumstances, not the mere fact of their conviction would demonstrate their fitness to remain in the legal profession. (Soriano v. Dizon, A.C. No. 6792, January 25, 2006) The record discloses that the Court of First Instance acquitted respondent Suller for failure of the prosecution to prove his guilt beyond reasonable doubt. Such acquittal, however, is not determinative of this administrative case ... The rape of his neighbor's wife constituted serious moral depravity even if his guilt was not proved beyond reasonable doubt in the criminal prosecution for rape. He is not worthy to remain a member of the bar. The privilege to practice law is bestowed upon individuals who are competent intellectually, academically and, equally important, morally. Good moral character is not only a condition precedent to admission to the legal profession, but it must also be possessed at all times in order to maintain one's good standing in that exclusive and honored fraternity. (Calub v. Suller, A.C. No. 1474, January 28, 2000 and quoting Docena vs. Limon, 295 SCRA 262) 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. The SC does not claim infallibility, it will not denounce criticism made by anyone against the Court for, if well founded can truly have constructive effects in the task of the Court, but will not countenance any wrong doing nor allow erosion of the people's faith in the judicial system. (Estrada v. Sandiganbayan, 416 SCRA 465) The promotion of organizations, with knowledge of their objectives, for the purpose of violating or evading the laws constitutes such misconduct in his office. (In re Terrell, 2 Phil 266 (1903)) Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause.
BARRATRY OR MAINTENANCE Inciting or stirring up quarrels or groundless lawsuits AMBULANCE CHASING Accident-site solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or by the attorney himself. Supports perjury, the defrauding of innocent persons by judgments, upon manufactured causes of actions and the defrauding of injured persons having proper causes of action but ignorant of legal rights and court procedure.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. The function of a lawyer is not only to conduct litigation but to avoid it where possible, by advising settlement or withholding suit. He must act as mediator for compromise rather than an instigator and conflict. What sometimes beclouds a lawyers judgment as to what is best for his client is his eye on the attorneys fees which are often considerably less when the cause is amicably settled. The problem of conflict of interests must be resolved against selfinterest. (Agpalo)
A lawyer should be sanctioned for the misuse of legal remedies and prostituting the judicial process to thwart the satisfaction of a judgment to the prejudice of others. The lawyer abetted his client in using the courts to subvert the very ends of justice by instigating controversy and conflict although the client's cause is without merit. It is every duty of a counsel to advise his client on the merit of his case. A lawyer must resist the whims and caprices of his clients, and temper his clients propensity to litigate. (Castaneda v. Ago, 65 SCRA 505 (1975)) Canon 2
A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. LEGAL AID IS NOT A MATTER OF CHARITY. It is a means for the correction of social imbalance that may and often do lead to injustice, for which reason it is a public responsibility of the Bar. The spirit of public service should, therefore, underlie all legal aid offices. The same should be administered to
LEGAL ETHICS
A lawyer may be disciplined in his professional and private capacity. The filing of multiple complaints reflects on his fitness to be a member of the legal profession. His conduct of vindictiveness a decidedly undesirable trait especially when one resorts to using the court not to secure justice but merely to exact revenge warrants his dismissal from the judiciary. (Saburnido v. Madrono, 366 SCRA 1 (2001))
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Valid grounds for refusal (Rule 14.03): 1) He is in no position to carry out the work effectively or competently 2) He labours under a conflict of interest between him and the prospective client or between a present client and the prospective client RULES OF COURT, RULE 138, SEC. 31: Attorneys for destitute litigants A court may assign an attorney to render professional aid free of charge to any party in a case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless he is excused therefrom by the court for sufficient cause shown. The legal profession is a burdened privilege not many are qualified to undertake. Ledesma owes fidelity to the duty required of the legal profession. Because there is no incompatibility between the defense of his client and him being an election registrar, he should not decline his appointment as counsel de oficio. The ends of justice will be well served by requiring counsel to continue as counsel de oficio. (Ledesma v. Climaco, 57 SCRA 473 (1974)) BAR MATTER NO. 2012 (2009) Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers Purpose. - to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them; To aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants. Scope. - This Rule shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the
(b) Indigent and pauper litigants are those

defined under Rule 141, Section 19 of the Rules of Court and Algura v. The Local Government Unit of the City of Naga (G.R. No.150135, 30 October 2006, 506 SCRA 81); Sec. 19. Indigent litigants exempt from payment of legal fees. INDIGENT LITIGANTS (A) WHOSE GROSS INCOME AND THAT OF THEIR IMMEDIATE FAMILY DO NOT EXCEED AN AMOUNT DOUBLE THE MONTHLY MINIMUM WAGE OF AN EMPLOYEE AND (B) WHO DO NOT OWN REAL PROPERTY WITH A FAIR MARKET VALUE AS STATED IN THE CURRENT TAX DECLARATION OF MORE THAN THREE HUNDRED THOUSAND (P300,000.00) PESOS SHALL BE EXEMPT FROM PAYMENT OF LEGAL FEES. The legal fees shall be a lien on any judgment rendered in the case favorable to the indigent litigant unless the court otherwise provides.
LEGAL ETHICS
indigent and deserving members of the community on all cases, matters and situations in which legal aid may be necessary to forestall an injustice. (IBP Handbook, Guidelines Governing the Establishment and Operation of the Legal Aid Office, Art. 1, Sec. 1)
legal aid program of the Integrated Bar of the Philippines. (a) Practicing lawyers are members of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, including but not limited to the National Labor Relations Commission, National Conciliation and Mediation Board, Department of Labor and Employment Regional Offices, Department of Agrarian Reform Adjudication Board and National Commission for Indigenous Peoples. The term "practicing lawyers" shall exclude: (i) Government employees and incumbent elective officials not allowed by law to practice; (ii) Lawyers who by law are not allowed to appear in court; (iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and (iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies.
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To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, and they do not own any real property with the fair value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant's affidavit. The current tax declaration, if any, shall be attached to the litigant's affidavit. Any falsity in the affidavit of litigant or disinterested person shall be sufficient cause to dismiss the complaint or action or to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred. ALGURA V. THE LOCAL GOVERNMENT UNIT OF THE CITY OF NAGA G.R. NO. 150135 (2006) the two (2) rules can stand together and are compatible with each other. When an application to litigate as an indigent litigant is filed, the court shall scrutinize the affidavits and supporting documents submitted by the applicant to determine if the applicant complies with the income and property standards prescribed in the present Section 19 of Rule 141If the trial court finds that the applicant meets the income and property requirements, the authority to litigate as indigent litigant is automatically granted and the grant is a matter of right. However, if the trial court finds that one or both requirements have not been met, then it would set a hearing to enable the applicant to prove that the applicant has "no money or property sufficient and available for food, shelter and basic necessities for himself and his family." In that hearing, the adverse party may adduce countervailing evidence to disprove the evidence presented by the applicant; after which the trial court will rule on the application depending on the evidence adduced. In addition, Section 21 of Rule 3 also provides that the adverse party may later still contest the grant of such authority at any time before judgment is rendered by the trial court, possibly based on newly discovered evidence not obtained at the time the application was heard. If the court determines after hearing, that the party declared as an indigent is in fact a person with sufficient income or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If payment is not made within the time fixed by the court, execution shall issue or the payment of prescribed fees shall be made, without prejudice
to such other sanctions as the court may impose. RULE 3 SEC. 21. Indigent party.A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. Such authority shall include an exemption from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides. Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. If the court should determine after hearing that the party declared as an indigent is in fact a person with sufficient income or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If the payment is not made within the time fixed by the court, execution shall issue or the payment thereof, without prejudice to such other sanctions as the court may impose. (22a). Requirements. - Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. He shall coordinate with the Clerk of Court for cases where he may render free legal aid service and shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid services in a case. National Committee on Legal Aid (NCLA) (a) coordinates with the various legal aid committees of the IBP local chapters for the proper handling and accounting of legal aid cases which practicing lawyers can represent. (b) monitors the activities of the Chapter of the Legal Aid Office with respect to the coordination with Clerks of Court on legal aid cases and the collation of certificates submitted by practicing lawyers. (c) acts as the national repository of records in compliance with this Rule.
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LEGAL ETHICS
(d) Prepares the following forms: certificate to be issued by the Clerk of Court and forms mentioned in Section 5(e) and (g). (e) holds in trust, manages and utilizes the contributions and penalties that will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this Rule. For this purpose, it shall annually submit an accounting to the IBP Board of Governors. Penalties. A practicing lawyer shall be required to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a member of the IBP who is not in good standing. Upon approval of the NCLAs recommendation, the IBP Board of Governors shall declare the erring lawyer as a member not in good standing. Notice thereof shall be furnished the erring lawyer and the IBP Chapter which submitted the lawyers compliance report or the IBP Chapter where the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP. Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted motu proprio by the CBD. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights. Advice may be on what preliminary steps to take until the client has secured the services of counsel. But he shall refrain from giving legal advice if the reason for not accepting the case is that there involves a conflict of interest between him and a prospective client or between a present client and a prospective client. (Agpalo) Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. The legal practice is not a business. Unlike a businessman, the lawyer has:
1) Relation to the administration of justice involving sincerity, integrity and reliability as an officer of the court; 2) duty of public service; 3) relation to clients with the highest degree of fiduciary; 4) relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to business methods of advertising and encroachment on their practice, or dealing directly with their clients. (Agpalo) In relation to Rule 3.01, solicitation of any kind is prohibited; but some forms of advertisement may be allowed. MALPRACTICE The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. A member of the bar may be disbarred or suspended from his office as attorney by the SC for any malpractice. (Rule 138, Sec. 27) Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. This prohibits the competition in the matter of charging professional fees for the purposed of attracting clients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from charging a reduced fee or none at all to an indigent or to a person who would have difficulty paying the fee usually charged for such services. (Agpalo) Canon 3
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LEGAL ETHICS
A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. Summary: A lawyer shall not use false statement regarding his qualification or service THE MOST WORTHY AND EFFECTIVE ADVERTISEMENT possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be
forced, but must be the outcome of character and conduct. Allowable advertisement (The Exceptions to Rule 3.01): o an ordinary professional card o publication in reputable law list with brief biographical and other informative data which may include: 1. name 2. associates 3. address 4. phone numbers 5. branches of law practiced 6. birthday 7. day admitted to the bar 8. schools and dates attended 9. degrees and distinctions 10. public or quasi-public offices 11. posts of honor 12. legal authorships 13. teaching positions 14. associations 15. legal fraternities and societies 16. references and regularly represented clients must be published for that purpose o publication of simple announcement of opening of law firm, change of firm o listing in telephone directory but not under designation of special branch of law o if acting as an associate (specialising in a branch of law), may publish a brief and dignified announcement to lawyers (law list, law journal) o if in media, those acts incidental to his practice and not of his own initiative o write articles for publication giving information upon the law (and not individual rights or advising through column/ TV. broadcast, lest such be considered indirect advertising) o activity of an association for the purpose of legal representation If entering into other businesses which are not inconsistent with lawyers duties it is advisable that they be entirely separate and apart such that a layman could distinguish between the two functions. Prohibited advertisement (Sec. 27, Canon of Professional Ethics): o Through touters of any kind whether allied real estate firms or trust companies advertising to secure the drawing of deeds or wills o Offering retainers in exchange for executorships or trusteeships to be influenced by the lawyer
A lawyer may not properly publish his brief biographical and informative data in a daily paper, magazine, trade journal or society program in order to solicit legal business. Likewise, it is improper to advertise himself a specialist for marriage annulments as it goes against the Constitutions mandate, to value the sanctity of marriage. (Khan v. Simbillo, 409 SCRA 299 (2003)) It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. The law is a profession not a business. Solicitation of cases by himself or through others is unprofessional and lowers the standards of the legal profession. (In re Tagorda, 53 Phil 37 (1929)) The lawyer degrades himself and his profession who stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public. Not all types of advertising are prohibited, a lawyer may advertise in reputable law lists, in a manner consistent with the standards of conduct imposed by the canons. Likewise in the use of a name, false and misleading names are prohibited. (Ulep v. Legal Clinic, 223 SCRA 378 (1993)) Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. Summary: A lawyer shall not use false or misleading firm name. GENERAL RULE 1: All partners in firm name must be alive. EXCEPTION: When removal of the deceased partners name disturbs the client goodwill built through the years. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. (Agpalo)
Death of a partner does not extinguish the client-lawyer relationship with the law firm.
LEGAL ETHICS
Furnishing or inspiring newspaper comments concerning the manner of their conduct, the magnitude of the interests involved, the importance of lawyers position, and all other like self-laudation
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(B.R. Sebastian Enterprises Inc. vs. Court of Appeals, 206 SCRA 28) GENERAL RULE 2: Filipino lawyers cannot practice law under the name of a foreign law firm. Firms may not use misleading names showing association with other firms to purport legal services of highest quality and ties with multinational business enterprise especially when such firm attached as an associate cannot legally practice law in the Philippines. (Dacanay v. Baker and McKenzie, 136 SCRA 349 (1985)) Rule 3.03 - Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law currently. Summary: A law partner who accepts a public office should withdraw from the firm Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently. The purpose of the rule is to prevent the law firm from using his name to attract legal business and to avoid suspicion of undue influence. (Agpalo) A civil service officer or employee whose duty or responsibility does not require his entire time to be at the disposal of the Government may not engage in the private practice of law without the written permit from the head of the department concerned. (Agpalo)
Art. IX, Sec. 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession. A lawyer member of the Legislature is not absolutely prohibited from engaging in the practice of his profession. He is only prohibited from appearing as counsel before any court of justice. What is prohibited is the appearance which includes: arguing a case before any such body and filing a pleading on behalf of a client. Neither can his name be allowed to appear in such pleadings by itself or as part of a firm name under the signature of another qualified lawyer because the signature of an agent amounts to a signing by non-qualified Senator or Congressman. His name should be dropped from the firm name, of which he is a name partner, whenever the firm files a pleading on behalf of a client.
It is unlawful for a public official or employee to, among others: "engage in the private practice of their profession, unless authorized by the Constitution or law, provided that such practice will not conflict or tend to conflict with official functions." (Samonte v. Gatdula, 303 SCRA 756 (1999)) If the unauthorized practice on the part of a person who assumes to be an attorney causes damage to a party, the former may be held liable for estafa.
Related statutory basis: RA 7160 or the Local Government Code, Section 90. Governors, city and municipal mayors are prohibited from practice of profession. EXCEPTION: Sanggunian members are allowed to practice concurrently subject to certain restrictions. 1987 Constitution Art. VI, Sec. 14. No Senator or member of the House of Representative may personally appear before any court of justice or before the Electoral Tribunal, or quasi-judicial and other administrative bodies. Art. VII, Sec. 13. The President, Vice-President, the members of the cabinet and assistants shall not, unless otherwise provided in this
Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. Summary: A lawyer shall not seek media publicity. This rule prohibits from making indirectly publicity gimmick, such as furnishing or inspiring newspaper comments, procuring his photograph to be published in connection with cases which he is handling, making a courtroom scene to attract the attention of newspapermen, or arranging for the purpose an interview with him by media people. (Agpalo)
LEGAL ETHICS
Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly practice any profession.
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Canon 4
Canon 5
A lawyer shall participate in development of the Legal System initiating or supporting efforts in reform and in the improvement of administration of justice.
the by law the
NOT a strict duty, but a duty nevertheless. A lawyer must NOT be confined by technical legal questions but instead grow in knowledge and competence to make the law socially responsive. A lawyer may with propriety write articles for publications in which he gives information upon the law; but he should not accept employment from such publications to advise inquiries in respect to their individual rights. EXAMPLES: 1. Present position papers or resolutions for the introduction of pertinent bills in Congress; 2. Submit petitions to the Supreme Court for the amendment of the Rules of Court. 3. The Misamis Oriental Chapter of the IBP promulgating a resolution wherein it requested the IBPs National Committee on Legal Aid (NCLA) to ask for the exemption from the payment of filing, docket and other fees of clients of the legal aid offices in the various IBP chapters (Re: Request Of National Committee On Legal Aid To Exempt Legal Aid Clients From Paying Filing, Docket And Other Fees, August 28, 2009) SC Resolution: Commended the MOC of the IBP and GRANTED the exemption "We laud the Misamis Oriental Chapter of the IBP for its effort to help improve the administration of justice, particularly, the access to justice by the poor. Its Resolution No. 24, series of 2008 in fact echoes one of the noteworthy recommendations during the Forum on Increasing Access to Justice spearheaded by the Court last year. In
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 the law and jurisprudence.
OBLIGATIONS 1) To self for continued improvement of knowledge 2) To his profession for maintenance of high standards of legal education 3) To the public for social consciousness BAR MATTER NO. 850 (2000) Purpose: To ensure that lawyers throughout their career keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law Requirement: Every three years at least 36 hours of legal education activities. Legal ethics Trial and pre-trial skills Alternative dispute resolution Updates on substantive procedural laws and jurisprudence Writing and oral advocacy International law and international conventions Other subjects as may be prescribed by the Committee on MCLE 6 hrs 4 hrs 5 hrs 9 hrs 4 hrs 2 hrs 6 hrs
Exemptions: 1. President, vice-president, cabinet members 2. Members of Congress 3. Chief Justice and incumbent and retired members of the judiciary 4. Chief state counsel, prosecutor and assistant secretaries of the Department of Justice 5. Solicitor General and assistants 6. Government Corporate Counsel, his deputies and assistants 7. Chairman and members of Constitutional Commissions
LEGAL ETHICS
It is bad enough to have such undue publicity when a criminal case is being investigated, but when publicity and sensationalism is allowed, even encouraged, when the case is on appeal and is pending consideration by the SC, it is inexcusable and abhorrent. (Cruz v. Salva, 105 Phil 1151 (1959))
promulgating Resolution No. 24, the Misamis Oriental Chapter of the IBP has effectively performed its duty to "participate in the development of the legal system by initiating or supporting efforts in law reform and in the administration of justice."
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8. Ombudsman and his deputies 9. Heads of government agencies exercising quasi-judicial functions 10. Incumbent deans, bar reviewers and professors of law who have 10 year teaching experience 11. Officers and lecturers of the Philippine Judicial Academy 12. Governors and mayor 13. Those not in law practice (special exemption) 14. Those who have retired from the law practice (special exemption) Penalty: Listing as a delinquent member of the IBP Canon 6
5. Responsiveness to the public- extend prompt, courteous, and adequate service to the public 6. Nationalism and patriotism- be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. 7. Commitment to democracy- commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. 8. Simple livinglead modest lives appropriate to their positions and income 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. It is upon the discretion of the prosecutor to decide what charge to file upon proper appreciation of facts and evidences. Fiscals are not precluded from exercising their sound discretion in investigation. His primary duty is not to convict but to see that justice is served. (People v. Pineda, 20 SCRA 748 (1967)) Rule 6.02 - A lawyer in 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. Just as the Code of Conduct and Ethical Standards for Public Officials requires public officials and employees to process documents and papers expeditiously (Sec. 5, subpars. [c] and [d] and prohibits them from directly or indirectly having a financial or material interest in any transaction requiring the approval of their office, and likewise bars them from soliciting gifts or anything of monetary value in the course of any transaction which may be affected by the functions of their office (Collantes vs Romeren 200 SCRA 584 (1991)) We begin with the veritable fact that lawyers in government service in the discharge of their official task have more restrictions than lawyers in private practice. Want of moral integrity is to be more severely condemned in a lawyer who holds a responsible public office
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LEGAL ETHICS
These canons shall apply to lawyers in government services in the discharge of their tasks.
A member of the Bar who assumes public office does not shed his professional obligation. The Code was not meant to govern the conduct of private petitioners alone, but of all lawyers including those in government service. Lawyers in government are public servants who owe the utmost fidelity to the public service. Thus they have to be more sensitive in the performance of their professional obligations. A lawyer in public service is a keeper of public faith and is burdened with a high degree of social responsibility, perhaps higher than her brethren in private practice. (Vitriolo v. Dasig, 400 SCRA 172 (2003)) Related statutory basis: RA 6713, Sec. 4 (A) or the Code of Conduct and Ethical Standards for Public Officials and Employees. Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties: 1. Commitment to public interest- uphold the public interest over and above personal interest. 2. Professionalism- perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill 3. Justness and sincerity- not discriminate against anyone, especially the poor and the underprivileged 4. Political neutrality- provide service to everyone without unfair discrimination and regardless of party affiliation or preference
Respondent in his future actuations as a member of the bar, should refrain from laying himself open to such doubts and misgivings as to his fitness for the position he occupies but also for membership in the bar. Fitness as to the membership to the legal profession includes keeping his honor unsullied. (Misamin v. San Juan, 72 SCRA 491 (1976)) Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service. How a Government Lawyer Leaves Government Service: retirement resignation expiration of the term of office dismissal abandonment GENERAL RULE: Practice of profession allowed immediately after leaving public service EXCEPTIONS: If lawyer had connection with any matter during his term, subject to a) One year prohibition if he had not intervened b) Permanent prohibition if he had intervened One Year Prohibition Statutory Basis RA 3019 or the Anti-Graft and Corrupt Practices Act. Sec. 3(d) - Corrupt practices of any public officer include: (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees. Sec. 7(b) - Outside employment and other activities. Public officials and employees during their incumbency shall not: o Own, control, manage or accept employment as officer employee, consultant, counsel, broker, agent, trustee or nominee / in any private enterprise regulated,
These prohibitions shall continue to apply for a period of one year after resignation, retirement or separation from public office, except in case of subparagraph (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one year prohibition shall likewise apply. Relative Prohibition On retired judges and justices Statutory Basis RA 910 or the special law on retirement of justices and judges, Sec. 1. No retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving said pension shall appear as counsel in any court in any civil case where o the government or any of its subdivisions or instrumentalities is an adverse party o in a criminal case, where an officer or employee of the government is accused of an offense related to his official function o in any administrative proceeding, cannot collect any fee for his appearance to maintain an interest adverse to the government Permanent Prohibitions On any government employee No government employee, official, or officer may accept engagement or employment in connection with matter he had intervened in. Intervention includes any act of a person which has the power to influence the subject proceedings. (Agpalo) The matter contemplated in this rule are those that are adverse-interest conflicts (substantial relatedness and adversity between the government matter and the new client matter in interest) and congruent-interest representation conflicts, while the intervention should be significant and substantial which can or have affected the interest of others. (PCGG v. Sandiganbayan, 455 SCRA 526 (2005))
LEGAL ETHICS
It bears stressing also that government lawyers who are public servants owe fidelity to the public service, a public trust. As such, government lawyers should be more sensitive to their professional obligations as their disreputable conduct is more likely to be magnified in the public eye. (Huyssen vs Gutierrez 485 SCRA 244 (2006))
supervised or licensed by their office / unless expressly allowed by law; Engage in the private practice of their profession unless authorized by the Constitution or law, provided that such practice will not conflict or tend to conflict with their official functions; Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.
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III. Lawyers Duties Profession

Canon 7
to
the
Legal
A Lawyer shall at all times uphold the integrity and DIgnity of the legal profession and support the activities of the integrated bar.
In connection to Canon 7, the purposes of the Integrated Bar of the Philippines are: (1) to assist in the administration of justice by being available and prepared to render legal services; (2) to elevate the standards of the legal profession through the Mandatory Continuing Legal Education (MCLE) program and; (3) to enable the Bar to discharge its public responsibility more effectively by rendering public service and assistance in the administration of justice. Consequently, the Bar is also reminded of its only duty to the IBP: the regular payment of membership dues. Relevant cases: In re 1989 Elections of the IBP, 178 SCRA 398 (1989) Santos v. Llamas, 322 SCRA 529 (2000) Letter of Atty. Cecilio Arevalo, 458 SCRA 209 (2005) Foodsphere v. Mauricio, A.C. No. 7199 (22 July 2009) See also: Republic Act No. 6397 (Integration of the Bar of the Philippines) Rule 7.01 A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar. A lawyer must be a disciple of truth. He swore upon his admission to the Bar that he will do no falsehood nor consent to the doing of any in court and he shall conduct himself as a lawyer according to the best of his knowledge and discretion with all good fidelity as well to the courts as to his clients. He should bear in mind that as an officer of the court his high vocation is to correctly inform the court upon the law and
The Court may disbar or suspend a lawyer for misconduct, whether in his professional or private capacity, which shows him to be wanting in moral character, in honesty, probity, and good demeanor, thus proving unworthy to continue as an officer of the court. Evidently, respondent lawyers fell short of the duties and responsibilities expected from them as members of the bar. Anticipating that their Motion for Bail will be denied by the court if it found that it had no jurisdiction over the person of the accused, they craftily concealed the truth by alleging that accused had voluntarily surrendered to a person in authority and was under detention. Obviously, such artifice was a deliberate ruse to mislead the court and thereby contribute to injustice. To knowingly allege an untrue statement of fact in the pleading is a contemptuous conduct that we strongly condemn. They violated their oath when they resorted to deception. (Young v. Batuegas, 403 SCRA 123 [2003]). Rule 7.02 A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character, education or other equivalent attribute Aside from this, a lawyer should also volunteer information or cooperate in any investigation concerning alleged anomaly in the bar examination so that those candidates who failed therein can be ferreted out and those lawyers responsible therefor can be disbarred. (In re Parazo, 82 Phil. 230 [1948]). Rule 7.03 A lawyer shall not engage conduct hat adversely reflects on his fitness practice law, nor shall he, whether in public private life, behave in a scandalous manner the discredit of the legal profession. in to or to
Zaguirre v. Castillo, 398 SCRA 659 [2003]: Siring a child with a woman other than his wife is a conduct way below the standards of morality required of every lawyer. Moreover, the attempt of respondent to renege on his notarized statement recognizing and
LEGAL ETHICS
On members of the legislature 1987 Constitution, Art. VI, Sec. 13. No member of legislature may accept an appointment in an office which he created or increased emoluments thereof.
the facts of the case and to aid it in doing justice and arriving at correct conclusion. The courts, on the other hand, are entitled to expect only complete honesty from lawyers appearing and pleading before them. While a lawyer has the solemn duty to defend his clients rights and is expected to display the utmost zeal in defense of his clients cause, his conduct must never be at the expense of truth.
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This Court has repeatedly held: "as officers of the court, lawyers must not only in fact be of good moral character but must also be seen to be of good moral character and leading lives in accordance with the highest moral standards of the community. More specifically, a member of the Bar and officer of the court is not only required to refrain from adulterous relationships or the keeping of mistresses but must also so behave himself as to avoid scandalizing the public by creating the belief that he is flouting those moral standards." While respondent does not deny having an extra-marital affair with complainant he seeks understanding from the Court, pointing out that "men by nature are polygamous," and that what happened between them was "nothing but mutual lust and desire." The Court is not convinced. In fact, it is appalled at the reprehensible, amoral attitude of the respondent. Tapucar v. Tapucar, 293 SCRA 331 [1998]: As this Court often reminds members of the Bar, they must live up to the standards and norms expected of the legal profession, by upholding the ideals and tenets embodied in the Code of Professional Responsibility always. Lawyers must maintain a high standard of legal proficiency, as well as morality including honesty, integrity and fair dealing. For they are at all times subject to the scrutinizing eye of public opinion and community approbation. Needless to state, those whose conduct both public and private fails this scrutiny would have to be disciplined and, after appropriate proceedings, penalized accordingly. Moreover, it should be recalled that respondent here was once a member of the judiciary, a fact that aggravates his professional infractions. For having occupied that place of honor in the Bench, he knew a judge's actuations ought to be free from any appearance of impropriety. For a judge is the visible representation of the law and, more importantly, of justice. Ordinary citizens consider him as a source of strength that fortifies their will to obey the law. Indeed, a judge should avoid the slightest infraction of the law in all of his actuations, lest it be a demoralizing example to others. Surely, respondent could not have forgotten the Code of Judicial Conduct entirely as to lose its moral imperatives.
A lawyer is expected at all times to uphold the integrity and dignity of the legal profession by faithfully performing his duties to society, to the bar, to the courts and to his clients. Exacted from him, as a member of the profession charged with the responsibility to stand as a shield in the defense of what is right, are such positive qualities of decency, truthfulness and responsibility that have been compendiously described as "moral character." To achieve such end, every lawyer needs to strive at all times to honor and maintain the dignity of his profession, and thus improve not only the public regard for the Bar but also the administration of justice. On these considerations, the Court may disbar or suspend a lawyer for misconduct, whether in his professional or private capacity, which shows him to be wanting in moral character, in honesty, probity, and good demeanor, thus proving unworthy to continue as an officer of the court. Canon 8
A lawyer shall conduct himself with courtesy, fairness and candor towards his professional colleagues, and shall avoid harassing tactics against opposing counsel.
Observance of honorable, candid and courteous dealings with other lawyers and fidelity to known and recognized customs and practices of the bar that make the practice of law a profession are among the obligations of a lawyer. Candor, fairness and truthfulness should characterize the conduct of a lawyer with other lawyers. A lawyers duty is to restrain client from improprieties and to terminate relation with him/her should the latter persist. A lawyer should not avoid performance of an agreement fairly made because it is not reduced to writing. He should not take advantage of the excusable unpreparedness
LEGAL ETHICS
undertaking to support his child by Carmelita demonstrates a certain unscrupulousness on his part which is highly censurable, unbecoming a member of a noble profession, tantamount to self-stultification.
Like a judge who is held to a high standard of integrity and ethical conduct, an attorney-at-law is also invested with public trust. Judges and lawyers serve in the administration of justice. Admittedly, as officers of the court, lawyers must ensure the faith and confidence of the public that justice is administered with dignity and civility. A high degree of moral integrity is expected of a lawyer in the community where he resides. He must maintain due regard for public decency in an orderly society.
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or absence of counsel during the trial of a case. Nor should he make use, to his or to his clients benefit, the secrets of the adverse party acquired thru design or inadvertence. A lawyer who thinks a case is weak may not criticize the lawyer who accepts it, much less should he attribute to him/her evil motive for taking up the clients cause. Such action is not only immaterial but betrays lack of understanding of attys duties to client. Although respect and confidence is due to every colleague, it is not improper for a lawyer to honor the just claim of a layman against another lawyer because such act is a mere honest effort to serve the interest of his/her client.
Do as adversaries do in law: strive mightily but eat and drink as friends should characterize the relationship between opposing counsel in a case. Whatever illfeelings between clients should not influence counsel in their conduct and demeanor toward each other. The fact that one of the lawyers conducts him/herself improperly does not relieve the other from professional obligation in his relation with him/her. The highest reward that can come to a lawyer is the esteem of his/her brethren. It is won in unique conditions and is a tribute to exceptional power controlled by conscience and a sense of public dutyto a knightly bearing and valor in the hottest of encounters.
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LEGAL ETHICS
Camacho v. Pagulayan et al (A.C. No. 4807, March 22, 2000) F: The counsel [our very own Prof. Manuel Camacho] of expelled AMA students filed this complaint against the lawyers comprising the Pagulayan and Associates Law Office for procuring without his knowledge compromise agreements during the civil case involving the students and the school. The agreements required the students to waive all kinds of claims they might have against AMA and to terminate all civil, criminal and administrative proceedings filed against it. The students also wrote letters of apology. Atty. Pangulayan admits that only he participated in the formulation and execution of the various Re-Admission Agreements complained of. He alleges however that the agreements had nothing to do with the civil case but were purely administrative. The SC suspended Atty. Pangulayan from the practice of law for three months. H: The IBP found that Atty. Pangulayan was aware that when the letters of apology and ReAdmission Agreements were formalized, the complainant was already the counsel for the students in the civil case but that he still proceeded to negotiate with the students and their parents without at the very least communicating the matter to their lawyer. His failure is an inexcusable violation of the canons of professional ethics and an utter disregard of a duty owing to a colleague. His defense that the agreements were purely administrative does not hold because the manifestation stated that the students shall drop all civil, criminal and administrative proceedings against AMA. Rule 8.01. A lawyer shall not, in professional dealings, use language which is abusive, offensive or otherwise improper.
Reyes vs. Chiong, Jr., 405 SCRA 212 (2003) F: Atty. Chiong impleaded Atty. Reyes and Prosecutor Salanga in a civil complaint as a response to an estafa case filed against the formers client. Atty. Reyes, claiming that the suit was baseless, filed the present disbarment case against Atty. Chiong. The IBP recommended that Atty. Chiong be suspended for 2 years, the reason being collection suit with damages had been filed purposely to obtain leverage against the estafa case as there was no ground to implead the Atty. Reyes and Prosecutor Salanga. H: Atty. Chion is suspended for 2 years. He should have pursued proper procedural and administrative remedies. The filing of the civil case had no justification. Mutual bickering, unjustified recriminations and offensive behavior among lawyers not only detract from the dignity of the legal profession, but also constitute highly unprofessional conduct subject to disciplinary action. Any undue ill-feeling between clients should not influence counsels in their conduct and demeanor toward each other. While lawyers owe entire devotion to the interest of their clients, their office does not permit violation of the laws or any manner of fraud or chicanery. Rule 8.02. A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer; however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. A lawyer should not steal the other lawyers client nor induce the latter to retain him by promise of better service, good result or reduced fees for his services. Neither should he disparage another, make comparisons or
publicize his talent as a means to further his law practice. He may accept employment to handle a matter previously handled by another lawyer, provided that the other lawyer has been given notice of termination of service. Without such notice, he shall only appear once he has obtained conformity or has, at the very least, given sufficient notice of contemplated substitution. A lawyers appearance in the case without notice to the first lawyer amounts to an improper encroachment upon the professional employment of the original counsel. The purpose is for the original lawyer to assert his/her right but the latter cannot insist that the new lawyer refuse employment in the matter merely because he claims the termination of his services is a breach of contract. To do so would be to deny litigant of the right to be represented at all times of his counsel of choice. A lawyer should not, in the absence of the adverse partys counsel, interview the adverse party and question him as to the facts of the case even if the adverse party was willing to do so. Neither should he sanction the attempt of his client to settle a litigated matter with the adverse party without the consent nor knowledge of the latters counsel. (cf. Canon 9) A clients proffer of assistance of additional counsel should not be regarded as evidence of want of confidence but the matter should be left to the determination of the client. The nd st 2 lawyer should communicate with the 1 before making an appearance. Should the st 1 lawyer object, he should decline st association but if the 1 lawyer is relieved, he may come into the case. When there is conflict of opinions between two lawyers jointly associated in a case, the client should decide. The decision should be accepted unless the nature of the difference makes it impracticable for the lawyer whose judgment has been overruled to cooperate effectively. In this event, it is his/her duty to ask client to relieve him/her.
There is no irregularity in the appearance of respondents as counsel. Complainants withdrawal and his filing of a motion for the payment of his attorneys fees estop him from now complaining that the appearance of respondent Patlinghug is unprofessional. As for the respondents, they only entered their appearance after Mrs. Barrera had dispensed of the complainants services and after the petitioner had voluntarily withdrawn. Canon 9
A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.
Unauthorized Practice of Law (def): Aguirre v. Rana 403 SCRA 342 (2003) Rana engaged in the unauthorized practice of law by appearing as counsel even before he had taken his lawyers oath. Passing the bar is not the only qualification to become an attorney-at-law. Two essential requisites for becoming a lawyer still had to be performed, namely: his lawyers oath to be administered by this Court and his signature in the Roll of Attorneys. Alawi v. Alauya 268 SCRA 639 (1997) Alauya used the title Atty. in his name even though he is a Sharia lawyer. Persons who pass the Sharia Bar are not fullfledged members of the Philippine Bar. While one who has passed Sharia Bar and one who passed the Philippine Bar may both be considered as counselors, only the latter is an attorneya title reserved to those who have been admitted to the IBP and remain members thereof in good standing. His reasoningthat it is mistaken to councilordoes not warrant his use of the title of attorney. The practice of law is not limited to the conduct of cases in court. It includes legal advice and counseling, and the preparation of legal instruments and contracts by which legal rights are secured, which may or may not be pending in court. (Ulep v. Legal Clinic, Inc., 223 SCRA 378 (1993))
Laput v. Remotigue A.M. No. 219 (1962) F: The SC dismissed the charges of Atty. Laput that the respondents nursed the desire of his former client to replace him. H: The solicitor general found that before respondents filed their appearance, the client had already filed with the court a pleading discharging the complainant. The fact that complainant was not able to get a copy was not
LEGAL ETHICS
the fault of respondents. Also, it was found that Mrs. Barrera dismissed complainant as lawyer because she no longer trusted him because she found out that some checks were sent to the complainant instead of her and that several withdrawals were made by complainant in her account without her permission.
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Any person who has been duly licensed as a member of the bar in accordance with the statutory requirements and who is in good and regular standing is entitled to practice law. (Rule 138, Sec. 1, Rules of Court) Merely passing the bar does not allow one to engage in the practice of law. Dispensing legal advice and signing of pleadings prior to taking the lawyers oath constitutes an unauthorized practice of law. It is the signing of the roll of attorneys that makes one a full-pledged lawyer. To practice law sans any authority shows a moral unfitness to be a member of the Philippine Bar. (Aguirre v. Rana, 403 SCRA 342 (2003)) Lawyers in government service are prohibited to engage, during their incumbency thereof, in the private practice of their profession unless authorized by the constitution or law and provided that such practice will not conflict or tend to conflict with their official functions. Private practice does not pertain to an isolated court appearance. It refers to a succession of acts of the same nature of habitually or customarily holding ones self to the public as a lawyer. (OCA v. Ladaga, 350 SCRA 326) NOTE: Private practice does not pertain to an isolated court appearance; rather, it contemplates a succession of acts of the same nature habitually or customarily holding ones self to the public as a lawyer. Thus, pro-bono appearances may be allowed by the Court in special instances. An individual litigant in a civil case has a right to conduct his litigation personally. (Rule 138, Sec. 34, Rules of Court) He may not be heard to complain later that he has been deprived of the right to the assistance of counsel. (People v. Sin Ben, 98 Phil. 138 (1955)) An attorney who is otherwise disqualified to practice law, or has been disbarred or suspended from practice, can validly prosecute or defend his own litigation, he having as much right as that of a layman in that regard. (Danforth v. Egan, 23 SD 43, 119 NW 1920) Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task
A lawyer, who is under suspension from practice of law is not a member of the Bar in good standing. A lawyer whose authority to practice has been withdrawn due to a change in citizenship or allegiance to the country cannot appear before the courts. (Guballa v. Caguioa, 78 SCRA 302) Thus, he should not delegate to a layman any work which involves the application of law, such as the computation and determination of the period within which to appeal an adverse judgment (Eco v. Rodriguez, 107 Phil. 612 (1960)), the examination of witnesses or the presentation of evidence (Robinson v. Villafuerte, 18 Phil 121 (1911)), because these involve the practice of law which may be undertaken only by a lawyer. Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or c) Where a lawyer or law firm includes nonlawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing agreement. An agreement between layman president of the the attorneys fees that labor case violates the immoral. (Amalgamated 22 SCRA 1266 (1968)) a union union to may be rule and Laborers lawyer and a divide equally awarded in a is illegal and Assn. v. CIR.
Similarly, a contract between a lawyer and a layman granting the latter a percentage of the fees collected from clients secured by the layman and enjoining the lawyer not to deal directly with said clients is null and void, and the lawyer may be disciplined for unethical conduct. (Tan Tek Beng v. David. 128 SCRA 389 (1983)) A donation by a lawyer to a labor union of part of his attorneys fees taken from the proceeds of a judgment secured by him for the labor union is
LEGAL ETHICS
The phrase practice of law implies customarily or habitually holding oneself out to the public, as a lawyer, for compensation as source of livelihood or in consideration of his office. (People v. Villanueva, 14 SCRA 109 (1965))
which by law may only be performed by a member of the bar in good standing. A lawyer is prohibited from taking as partner or associate any person who is not authorized to practice law to appear in court or to sign pleadings.
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improper because it amounts to a rebate or commission.( Halili v. CIR. 136 SCRA 113 (1965)) Non-lawyers may appear before the NLRC or any labor arbiter. Granted that they acted as legal representatives, they are still not entitled to receive professional fees. The statutory rule that an attorney shall be entitled to have and recover from his client a reasonable compensation or remuneration for the services they have rendered presupposes the existence of an attorney-client relationship. Such a relationship cannot, however, exist when the clients representative is a non-lawyer. (Five J Taxi v. NLRC, 235 SCRA 556)
courts.(Comments of IBP drafted the Code, p. 53)
Committee
that
A lawyer must be a disciple of truthHe should bear in mind that as an officer of the court his high vocation is to correctly inform the court upon the law and the facts of the case and to aid it in doing justice and arriving at correct conclusion. The courts, on the other hand, are entitled to expect only complete honesty from lawyers appearing and pleading before them. (Young v. Batuegas, 403 SCRA 123 (2003)) The burden cast on the judiciary would be intolerable if it could not take at face value what is asserted by counsel. The time that will have to be devoted just to the task of verification of allegations submitted could easily be imagined. Even with due recognition then that counsel is expected to display the utmost zeal in defense of a client's cause, it must never be at the expense of deviation from the truth. (Muoz v. People, 53 SCRA 190 (1973)) Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. To knowingly misquote or misrepresent in any of these matters is not only unprofessional but contemptuous as well. (Agpalo) A lawyer who deliberately made it appear that the quotations in his motion for reconsiderations were findings of the Supreme Court, when they were just part of the memorandum of the Court Administrator, and who misspelled the name of the complainant and made the wrong citation of authority is guilty of violation of Rule 10.02 of the Code. (COMELEC v. Noynay, 292 SCRA 254 (1992)) it is the bounden duty of courts, judges and lawyers to reproduce or copy the same wordfor-word and punctuation mark-forpunctuation mark.Only from this Tribunals decisions and rulings do all other courts, as well as lawyers and litigants, take their bearingsEver present is the danger that if not faithfully and exactly quoted, the decisions and rulings of this Court may lose their proper and correct meaning, to the detriment of other courts, lawyers and the public who may thereby be misled. (Insular Life Employees Co. v. Insular Life Association, 37 SCRA 1 (1970))
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LEGAL ETHICS
IV. Lawyers Duties to the Courts

Canon 10
A Lawyer owes candor, fairness and good faith to the Court.

A lawyer is, first and foremost, an officer of the court. Accordingly, should there be a conflict between his duty to his client and that to the court, he should resolve the conflict against the former and in favor of the latter, his primary responsibility being to uphold the cause of justice. (Cobb Perez v. Lantin, 24 SCRA 291 (1968)) A lawyers conduct before the court should be characterized by truthfulness, frankness, candor and fairness. Candor in all his dealings is of the very essence of honorable membership in the legal profession. (Cuaresma v. Daquis, 63 SCRA 257 (1975)) It requires that a lawyer act with the highest standards of truthfulness, fair play and nobility in the conduct of litigation and in his relations with his client, the opposing party and his counsel, and the court before which he pleads his clients cause. (Director of Lands v. Adorable, 77 Phil. 468 (1946)). 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 an artifice. A lawyer should not conceal the truth from the court, nor mislead the court in any manner no matter how demanding his duties to clients may be. His duties to his client should yield to his duty to deal candidly with the court. For no client is entitled to receive from the lawyer any service involving dishonesty to the
Related statutory basis: Rule 138, Sec. 20(d) Duties of attorneys. It is the duty of an attorney (d) to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact of law. Procedural rules are instruments in the speedy and efficient administration of justice. They should be used to achieve such end and not to derail it. Thus, the filing of multiple petitions regarding the same subject matter constitutes abuse of the courts processes and improper conduct that tends to obstruct and degrade the administration of justice.(Agpalo) A lawyer should not abuse his right of recourse to the courts for the purpose of arguing a cause that had been repeatedly rebuffed. For while he owes fidelity to the cause of his client, it should not be at the expense of truth and the administration of justice. (Garcia v. Francisco, 65 SCAD 179, 220 SCRA 512 (1993)) Courts must guard themselves against any scheme to deprive the winning party of the fruits of the verdict, for courts are constituted to put an end to controversies and they should frown upon any attempt to prolong them.(Gomez v. Presiding Judge, 65 SCAD 179, 249 SCRA 432 (1995)) Canon 11
Rule 11.01 - A lawyer shall appear in court properly attired. Respect begins with the lawyers outward physical appearance in court. Sloppy or informal attire adversely reflects on the lawyer and demeans the dignity and solemnity of court proceedings. (Agpalo) TRADITIONAL ATTIRES: Males: Long-sleeve Barong Tagalog or coat and tie Females: Semi-formal attires. Judges also appear in the same attire in addition to black robes. Courts have ordered a male attorney to wear a necktie and have prohibited a female attorney from wearing a hat. However, the permission of a dress with a hemline five inches above the knee was held to be acceptable as such had become an accepted mode of dress even in places of worship. (Aguirre) A lawyer who dresses improperly may be cited with contempt (Agpalo). Rule 11.02 - A lawyer shall punctually appear at court hearings. Inexcusable absence from, or repeated tardiness in, attending a pre-trial or hearing may subject the lawyer to disciplinary action as his actions show disrespect to the court and are therefore considered contemptuous behavior. (Agpalo) Non-appearance at hearings on the ground that the issue to be heard has become moot and academic [prisoner has been released in a petition for habeas corpus] is a lapse in judicial propriety. (De Gracia v. Warden of Makati, G.R. No. L-42032, January 9, 1976) Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the courts. The language of a lawyer, both oral and written, must be respectful and restrained in keeping with the dignity of the legal profession, gracious to both the courts and to the opposing counsel. The use of abusive language by counsel
A lawyer shall observe and maintain the respect due to the courts and judicial officers and should insist on similar conduct by others.
The Supreme Court of the Philippines is, under the Constitution, the last bulwark to which the Filipino people may resort to obtain relief for their grievances or protection of their rights. If the people lose their confidence in the honesty and integrity of the members of the Court and believe that they cannot expect justice therefrom, they might be driven to take the law into their own hands, and disorder and perhaps chaos might be the result. Lawyers are duty bound to uphold the dignity and authority of the Court to promote the administration of justice. Moreover, respect to the courts guarantees the stability of other institutions. (In re Sotto 82 Phil 595 (1949))
LEGAL ETHICS
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.
Observing respect due to the courts mean that a lawyer should 1. Conduct himself toward judges with courtesy everyone is entitled to expect (Paragas v Cruz) 2. With the propriety and dignity required by the courts (Salcedo v Hernandez).
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Lawyers may use strong language to drive home a point; they have a right to be in pursuing a clients cause (The British Co. v De Los Angeles (1975)). Lawyers have the right to expose the shortcomings and indiscretion of the courts and judges, but it must be exercised in properly respectful terms and only through legitimate channels. They cannot resort to scurrilous remarks that have the tendency to degrade the courts and destroy the public confidence in them. (In re Almacen, 31 SCRA 562) The Court does not close itself to comments and criticisms so long as they are fair and dignified. Going beyond the limits of fair comments by using insulting, disparaging and, intemperate language necessitates and warrants a rebuke from the Court. While it is expected of lawyers to advocate their clients cause, they are not at liberty to resort to arrogance, intimidation and innuendo. (Sangalang v. IAC, 177 SCRA 87) Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. The rule allows such criticism so long as it is supported by the record or it is material to the case. A lawyers right to criticize the acts of courts and judges in a proper and respectful way and through legitimate channels is well recognized. The cardinal condition of all such criticism is that it shall be bona fide, and shall not spill over the wall of decency and propriety. (Agpalo) The court will not hesitate to sanction persons who recklessly and nonchalantly impute ill motives that are nothing but unfounded speculations. Any serious accusation against a judicial officer that is utterly baseless, unsubstantiated and unjustified shall not be countenanced. (Go v. Abrogar, 485 SCRA 457) Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only. Statutory basis: 1987 Constitution, Art. VIII, Sec. 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.
The lawyer shall not file an administrative case until he has exhausted judicial remedies which result in a finding that the judge has gravely erred. (Agpalo) Where a criminal complaint against a judge or other court employees arises from their administrative duties, the Ombudsman must defer action on said complaint and refer the same to the SC for determination whether said judges or court employees acted within the scope of their administrative duties. Otherwise, in the absence of any administrative action, the investigation being conducted by the Ombudsman encroaches into the Courts power of administrative supervision over all courts and its personnel, in violation of the doctrine of separation of powers. (Maceda v. Vasquez, 221 SCRA 464 (1993)) Use of disrespectful or contemptuous language against a particular judge in pleadings presented in another court or proceeding is indirect, not direct, contempt as it is not tantamount to a misbehavior in the presence of or so near a court or judge as to interrupt the administration of justice (Ang v Castro, 136 SCRA 453 (May 15, 1985)) Canon 12
A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice.
Statutory basis: 1987 Constitution, Art. III, Sec 6. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Rule 138, Sec 20(g). Duties of attorneys. It is the duty of an attorney g) not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause, from any corrupt motive or interest. Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce.
LEGAL ETHICS
against the opposing counsel constitutes at the same time a disrespect to the dignity of the court justice. Moreover, the use of impassioned language in pleadings, more often than not, creates more heat than light. (Buenaseda v. Flavier, 226 SCRA 645 (1993))
The duty to respect does not preclude a lawyer from filing administrative complaints against erring judges, or from acting as counsel for clients who have legitimate grievances against them.
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Without adequate preparation, the lawyer may not be able to effectively assist the court in the efficient administration of justice. Nonobservance of this rule might result in: o The postponement of the pre-trial or hearing, which would thus entail delay in the early disposition of the case o The judge may consider the client nonsuited or in default o The judge may consider the case deemed submitted for decision without clients evidence, to his prejudice. (Agpalo) Half of the work of the lawyer is done in the office. It is spent in the study and research. Inadequate preparation obstructs the administration of justice. (Martins Legal Ethics, p. 47, 1988 ed.) A newly hired counsel who appears in a case in the midstream is presumed and obliged to acquaint himself with all the antecedent processes and proceedings that have transpired in the record prior to his takeover. (Villasis v. Court of Appeals, 60 SCRA 120) Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause. RATIONALE: There is an affirmative duty of a lawyer to check against useless litigations. His signature in every pleading constitutes a certificate by him that to the best of his knowledge there is a good ground to support it and that it is not to interpose for delay. The willful violation of this rule may subject him to (1) appropriate disciplinary action or (2) render him liable for the costs of litigation. (Agpalo) While a lawyer owes entire devotion to the interest of his client and zeal in the defense of his clients rights, he should not forget that he is an officer of the court, bound to assist in the speedy and efficient administration of justice. (Agpalo) The reason is that a lawyer not only owes to his client the duty of fidelity but, more important, he owes the duty of good faith and honorable dealing to the judicial tribunal before which he practices his profession. (Agpalo) Escessive delay causes: 1. hardships 2. may force parties into unfair settlement 3. nurture a sense of injustice and breed cynicism about the administration of justice
FORUM SHOPPING 1. Going from one court to another in the hope of securing a favorable relief in one court, which another court has denied 2. Filing repetitious suits or proceeding in different courts concerning the same subject matter after one court has decided the suit with finality. 3. Filing a similar case in a judicial court after receiving an unfavorable judgment from an administrative tribunal. Forum shopping is prohibited by Supreme Court Circular No. 28-91, which is now integrated in the Rules of Civil Procedure. RULES OF COURT, RULE 7, SEC. 5: The plaintiff or principal party shall certify under oath in the complaining or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith that: 1. he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; if there is such other pending action or claim, a complete statement of the present status thereof; and 2. if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five days there from to the court wherein his aforesaid complaint or initiatory pleading has been filed. Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion after hearing. The submission of a false certification or noncompliance with any of the undertakings in a certification of no forum shopping 1) shall constitute indirect contempt of court 2) without prejudice to the corresponding administrative and criminal actions If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be: 1) ground for summary dismissal with prejudice; 2) and shall constitute direct contempt; 3) cause for administrative sanctions
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LEGAL ETHICS
The court censures the practice of counsels who secures repeated extensions of time to file their pleadings and thereafter simply let the period lapse without submitting the pleading on even an explanation or manifestation of their failure to do so. There exists a breach of duty not only to the court but also to the client. (Achacoso v. Court of Appeals, 51 SCRA 424, 1973) Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. It is one thing to exert to the utmost ones ability to protect the interest of ones client. It is quite another thing to delay if not defeat the recovery of what is justly due and demandable due to the misleading acts of a lawyer. (Manila Pest Control v. WCC, 25 SCRA 700 (1968)) A judge should be quick enough to prevent a lawyer from resorting to dilatory tactics which obstruct the administration of justice. (People v. Jardin, 124 SCRA 167 (1983)) The law makes it the lawyers duty to delay no man for money or malice (Lawyers Oath; Artiaga vs. Villanueva, 1989) PROPER BEHAVIOUR (Rule 12.05-12.07) Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination. RATIONALE: Purpose is to prevent the suspicion that he is coaching the witness what to say during the resumption of the examination; to uphold and maintain fair play with the other party and to prevent the examining lawyer from being tempted to coach his own witness to suit his purpose. (Callanta) Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. CRIMINAL LIABILITY Art. 184, Revised Penal Code The lawyer who presented a witness knowing him to be a false witness is criminally liable for Offering False Testimony In Evidence. The lawyer is both criminally and administratively liable.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him. Related statutory basis: Rule 132, Sec. 3. Rights and obligations of a witness. A witness must answer questions, although his answer may tend to establish a claim against him. However, it is the right of a witness: o To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; o Not to be detained longer than the interests of justice require; o Not to be examined except only as to matters pertinent to the issue; o Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or o Not to give an answer which will tend to degrade his reputation, unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous conviction for an offense. PD1829-Penalizing Obstruction of Justice (h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
LEGAL ETHICS
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting to the same or offering an explanation for his failure to do so.
SUBORNATION OF PERJURY Subornation of perjury is committed by a person who knowingly and willfully procures another to swear falsely and the witness subornated does testify under circumstances rendering him guilty of perjury. (US v. Ballena, 18 Phil. 382)
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RATIONALE: The underlying reason for the impropriety of a lawyer acting in such dual capacity lies in the difference between the function of a witness and that of an advocate. function of a witness- to tell the facts as he recalls then in answer to questions function of an advocate- is that of a partisan It is difficult to distinguish between the zeal of an advocate and the fairness and impartiality of a disinterested witness. The lawyer will find it hard to disassociate his relation to his client as an attorney and his relation to the party as a witness. (Agpalo) Canon 19 of the Code of Legal Ethics provides that when a lawyer is a witness for his client, except as to merely formal matters. Such as the attestation or custody of an instrument and the like, he should leave the trial of the case to other counsel. Except when essential to the ends of justice, a lawyer should avoid testifying in court in behalf of his client. (PNB v. Uy Teng Piao, 57 Phil 337 (1932)) Canon 13
Nestle Phil. v. Sanchez 154 SCRA 542 (1987) Courts and juries, in the decision of issues of fact and law should be immune from every extraneous influence; that facts should be decided upon evidence produced in court; and that the determination of such facts should be uninfluenced by bias, prejudice or sympathies.. The court will not hesitate in the future to apply the full force of the law and punish for contempt those who attempt to pressure the court into acting one way or the other in any case pending before it. Grievances should be aired along proper channels. In re de Vera 385 SCRA 285 (2003) Sec. 5, Art. 8 of the 1987 Constitution confers power to SC to supervise all activities of the IBP. The IBP by-laws also recognize the full range of the power of supervision of the SC over the IBP. Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. RATIONALE: Newspaper publications regarding a pending or anticipated litigation may interfere with a fair trial, prejudice the administration of justice, or subject a respondent or a accused to a trial by publicity and create a public inference of guilt against him (Agpalo) It is bad enough to have such undue publicity when a criminal case is being investigated by the authorities, even when it is being tried in court; but when said publicity is encouraged when the case is on appeal and is pending consideration by this court, the whole thing becomes inexcusable, even abhorrent. (Cruz v. Salva, 105 Phil 1151 (1951)) Cruz vs. Salva It is bad enough to have such undue publicity when a criminal case is being investigated by the authorities, even when it is being tried in court; but when said publicity and sensationalism is allowed, even encouraged, when the case is on appeal and is pending consideration by this tribunal, the whole thing becomes inexcusable. Martelino vs. Alejandro If ever there was trial by publicity, it was against the Government, not against the petitioners.
A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court.
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges. Related statutory basis: Code of Professional Ethics, Canon 3. A lawyer should avoid marked attention and unusual hospitality to a judge, uncalled for by the personal relations of the parties, because they subject him and the judge to misconceptions of motives. Report of IBP Committee, p. 70. In order not to subject both the judge and the lawyer to suspicion, the common practice of some lawyers of making judges and prosecutors godfathers of their children to enhance their influence and their law practice should be avoided by judges and lawyers alike.
LEGAL ETHICS
(a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or (b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel.
It is improper for a litigant or counsel to see a judge in chambers and talk to him about a matter related to the case pending in the court of said judge. (Austria v. Masaquel, 20 SCRA 1247(1967))
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RE: Request Radio-TV Coverage Trial should not to be televised. The right of accused, who is in danger of losing his life and liberty, to a fair trial, outweighs right of public to information. Media exposure may unduly interfere with the disposition of the trial. Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings. BASIS: The principle of separation of powers (Aguirre) Maglasang v. People In filing the "complaint" against the justices of the Court's Second Division with the Office of the President, even the most basic tenet of our government system-the separation of powers between the judiciary, the executive, and the legislative branches-has been lost on Atty. Castellano. Related rule: Rule 11.05. A lawyer shall submit grievances against a Judge to the proper authorities only.
Rule 138, Sec. 20 (h), Duties of attorneys. It is the duty of an attorneynever to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; Rule 138, Sec. 31 Attorneys for destitute litigants. A court may assign an attorney to render professional aid free of charge to any party in a case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless he is excused therefrom by the court for sufficient cause shown. COUNSEL DE OFICIO A counsel, appointed or assigned by the court, from among such members of the bar in good standing who by reason of their experience and ability, may adequately defend the accused. Who may be appointed: 1) a member of the bar in good standing 2) in localities without lawyers, any person of good repute for probity and ability P.D. 543 (1974) authorized the designation of municipal judges and lawyers in any branch of the government service to act as counsel de oficio for the accused who are indigent in places where there are no available practicing lawyers. Appointed by court depending on: o the gravity of the offense o the difficulty of the questions that may arise o the experience and ability of the appointee. AMICUS CURIAE A friend of the court; a bystander usually a counselor who interposes or volunteers information upon some matter of law in regard to which the judge is doubtful or mistaken. (Agpalo) Experienced and impartial attorneys invited by the Court to help in the disposition of issues submitted to it. Rule 14.03 - A lawyer may refuse to accept representation of an indigent client if: a) he is not in a position to carry out the work effectively or competently
V. Lawyers Duties to the Client

Canon 14
A lawyer shall not refuse his services to the needy.

Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person. Related rule: Rule 138, Sec. 20 (i), Duties of attorneys. In the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life, liberty, or property. Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amici curiae, or a request from the Integrated Bar of the
LEGAL ETHICS
Moreover, the suspension of the trial may have accomplished the purpose of this petition, by postponing the trial until calmer times have returned.
Philippines or any of its chapters for rendition of free legal aid. Related rule: Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.
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What is an indigent? a person who has no visible means of income or whose income is insufficient for the subsistence of his family, to be determined by the fiscal or judge, taking into account the members of his family dependent upon him for subsistence. RA 6033 an "indigent or low income litigant" shall include anyone who has no visible means of support or whose income does not exceed P300 per month or whose income even in excess of P300 per month is insufficient for the subsistence of his family RA 6035 RA 6033 all courts shall give preference to the hearing and/or disposition of criminal cases where an indigent is involved either as the offended party or accused. RA 6034 any indigent litigant may, upon motion, ask the Court for adequate travel allowance to enable him and his indigent witnesses to attendant the hearing of a criminal case commenced by his complaint or filed against him. The allowance shall cover actual transportation expenses by the cheapest means from his place of residence to the court and back. When the hearing of the case requires the presence of the indigent litigant and/or his indigent witnesses in court the whole day or for two or more consecutive days, allowances may, in the discretion of the Court, also cover reasonable expenses for meal and lodging. RA 6035 A stenographer who has attended a hearing before an investigating fiscal or trial judge or hearing commissioner of any quasi-judicial body or administrative tribunal and has officially taken notes of the proceeding thereof shall, upon written request of an indigent or low income litigant, his counsel or duly authorized representative in the case concerned, give within a reasonable period to be determined by the fiscal, judge, commissioner or tribunal hearing the case, a free certified transcript of notes take by him on the case. For he did betray by his moves his lack of enthusiasm for the task entrusted to him, to put
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. If a lawyer volunteers his services to a client, and therefore not entitled to attorneys fees, nevertheless, he is bound to attend to a clients case with all due diligence and zeal. By volunteering his services, he has established a client-lawyer relationship. (Blanza v. Arcangel, 21 SCRA 1 (1967)) If the counsel does refuse (see above justifications), Rule 2.02 governs, which says: In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights. Canon 15
A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his clients.
Rule 15.01 - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. Rule 15.02 - A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client. Related statutory basis: Revised Penal Code, Art. 209. Betrayal of trust by an attorney. or solicitor. - Revelation of Secrets. In addition to the proper administrative action x x x shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his
LEGAL ETHICS
b) he labors under a conflict of interests between him and the prospective client or between a present client and the prospective client.
matters mildly. He did point though to his responsibility as an election registrar [but] there is not likely at present, and in the immediate future, an exorbitant demand on his time. It may likewise be assumed, considering what has been set forth above, that petitioner would exert himself sufficiently to perform his task as defense counsel with competence, if not with zeal, if only to erase doubts as to his fitness to remain a member of the profession in good standing. (Ledesma v. Climaco, 57 SCRA 473 (1974))
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client, or reveal any of the secrets of the latter learned by him in his professional capacity. PRIVILEGED COMMUNICATION - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him or his advice given thereon in the course of professional employment; nor can an attorneys secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity. Requisites of Privileged Communication (Rule 130, Section 24 (b) of the RRC): 1) There is an attorney-client relationship or a kind of consultancy requirement with a prospective client; 2) The communication was made by the client to the lawyer in the course of the lawyers professional employment; 3) The communication must be intended to be confidential. Exceptions to privilege (Aguirre): 1) When a lawyer is accused by the client and he needs to reveal information to defend himself 2) When the client discloses the intention to commit a crime or unlawful act. (Future crime) Doctrine of imputed knowledge is based on the assumption that an attorney, who has notice of matter affecting his client, has communicated the same to his principal in the course of professional dealings. The doctrine applies regardless of whether or not the lawyer actually communicated to the client what he learned in his professional capacity, the attorney and his client being one judicial person. For attorney-client privilege to apply, however, the period to be considered is the date when the privileged communication was made by the client to the attorney in relation to either a crime committed in the past or with respect to a crime intended to be committed in the future (if past, privilege applies; if future, does not apply). In order that a communication between a lawyer and his client be privileged, it must be for a lawful purpose or in the furtherance of a lawful end. (People v. Sandiganbayan, 275 SCRA 505 (1996)) Rule 15.03 - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.
GENERAL RULE 1: A lawyer may not represent two opposing parties at any point in time. A lawyer need not be the counsel-of-record of either party. He does not have to publicly hold himself as the counsel of the adverse party nor make efforts to advance the adverse partys conflicting interests of record. It is enough that the counsel had a hand in the preparation of the pleading of one party. EXCEPTION: When the parties agree, and for amicable settlement (Agpalo)
CONFLICT OF INTEREST There is duty to contend for that which duty to another client requires him to oppose. Tests to determine conflict of interest 1) When there are conflicting duties 2) When the acceptance of the new relations invites or actually lead to unfaithfulness or doubledealing to another client 3) When the attorney will be called upon to use against his first client any knowledge acquired in the previous employment NOTE: The test to determine whether there is a conflict of interest in the representation is probability, not certainty of conflict Effects of representing adverse interests 1) Disqualification as counsel on new case 2) If prejudicial to interests of latter client, a judgment against may be set aside 3) Administrative and criminal (for betrayal of trust) liability 4) Fees may not be paid
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LEGAL ETHICS
GENERAL RULE 2: A lawyer must name the identity of all his clients, when so demanded. o The Court has a right to know that the client whose privileged information is sought to be protected is flesh and blood. The mantle of privileged communication begins to exist only after the attorney-client relationship has been established. The privilege does not attach until there is a client. The privilege pertains to the subject matter of the relationship. Due process considerations require that the opposing party should know his adversary. (Metaphor: He cannot be obliged to grope in the dark against unknown forces.)
o o
EXCEPTION: He may refuse to divulge the name or identity of his client 1) Where a strong probability exists that revealing the clients name would implicate the client in the very activity for which he sought the lawyers advice.
Rule 15.07 - A lawyer shall impress upon his client compliance with the laws and the principles of fairness. Related statutory basis: Civil Code, Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith. Rule 15.08 - A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity. GENERAL RULE: Exercise of dual profession is not prohibited but a lawyer must make it clear when he is acting as a lawyer and when he is otherwise, especially in occupations related to the practice of law. Reason: certain ethical considerations may be operative in one profession and not in the other. (Agpalo) A lawyer is not barred from dealing with his client but the business transaction must be characterized with utmost honesty and good faith. Business transactions between an attorney and his client are disfavored and discouraged by policy of law because by virtue of a lawyers office, he is an easy position to take advantage of the credulity and ignorance of his client. Thus, there is no presumption of innocence or improbability of wrongdoing in favor of lawyers. (Nakpil v. Valdez, 286 SCRA 758 (1998)) Canon 16
Information relating to the identity of the client may fall within the ambit of the privilege when the clients name itself has an independent significance, such that disclosure would then reveal client confidences. (Regala v. Sandiganbayan, 262 SCRA 122 (1996)) Rule 15.04 - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. An attorneys knowledge of the law and his reputation for fidelity may make it easy for the disputants to settle their differences amicably. However, he shall not act as counsel for any of them. (Agpalo) Generally an attorney is prohibited from representing parties with contending positions. However at a certain stage of the controversy, before it reaches the court, a lawyer may represent conflicting interests with the consent of the parties. (Dee v. CA 176 SCRA 651(1989)) 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 understanding the prospects of the case. Related statutory basis: Code of Professional Ethics, Canon 8. Before answering his clients question, a lawyer should endeavor to obtain full knowledge of his clients cause. It is only after he shall have studied the case that he should advise his client on the matter. A lawyer is bound to give candid and honest opinion on the merit or lack of merit of clients case, neither overstating nor understating the prospect of the case. He should also give an honest opinion as to the probable results of the case, with the end in view of promoting respect for the law and the legal processes. (Agpalo) Rule 15.06 - A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. This rule protects against influence peddling. Some prospective clients secure the services of a particular lawyer or law firm precisely because
A Lawyer shall hold in trust all moneys and properties of his client that may come into his possession.
Related statutory basis: Civil Code, Art. 1491. The following persons cannot acquire or purchase, even at public or judicial auction, either in person or through the mediation of another (5) lawyers, with respect to the property and rights which may be the object of any litigation in which they take part by virtue of their profession. o o Attorney-client relationship Property or interest is in litigation
LEGAL ETHICS
2) Where disclosure would open the client to civil liability. 3) Where the governments lawyers have no case against an attorneys client unless by revealing the clients name, i.e., the said name would furnish the only link that would form the chain of testimony necessary to convict an individual of a crime.
he can exert a lot of influence on a judge and some lawyers exact big fees for such influence (Agpalo)
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PROHIBITION INCLUDES MORTGAGE OF PROPERTY IN LITIGATION to the lawyer. In this case, acquisition is merely postponed until foreclosure but effect is the same. It also includes assignment of property (Ordonio v. Eduarte, 207 SCRA 229 (1992)) [T]he purchase by a lawyer of the property in litigation from his client is categorically prohibited by Article 1491, paragraph (5) of the Philippine Civil Code, and that consequently, plaintiff's purchase of the property in litigation from his client (assuming that his client could sell the same since as already shown above, his client's claim to the property was defeated and rejected) was void and could produce no legal effect, by virtue of Article 1409, paragraph (7) of our Civil Code which provides that contracts expressly prohibited or declared void by law' are "inexistent and that (T)hese contracts cannot be ratified. Neither can the right to set up the defense of illegality be waived. x x x Article 1491 of our Civil Code (like Article 1459 of the Spanish Civil Code) prohibits in its six paragraphs certain persons, by reason of the relation of trust or their peculiar control over the property (Rubias v. Batiller, G.R. No. L35702 May 29, 1973) Art.1491 is not applicable: 1) When attorney is not counsel in case involving the same property at the time of acquisition. 2) When purchaser is a corporation, even if the attorney was an officer (Tuazon v. Tuazon, 88 Phil. 42) 3) When sale took place after termination of litigation, except if there was fraud or abuse of confidential information or where lawyer exercised undue influence. 4) Where property in question is stipulated as part of attorneys fees, provided that, the same is contingent upon the favorable outcome of litigation and, provided further, that the fee must be reasonable. Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client. A lawyer, under his oath, pledges himself not to delay any man for money or malice and is bound to conduct himself with all good fidelity to his clients. He is obligated to report promptly the money of his clients that has come into his
Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Rule 16.03 - A lawyer shall deliver the funds and property to his client when due or upon demand. However, o he shall have a lien over the funds and o may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, o giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. Related statutory basis: Rule 138, Sec. 37. Attorneys liens. An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. Money collected by a lawyer in pursuance of a judgment in favor of his clients is held in trust and must be immediately turned over to them. (Businos v. Ricafort, 283 SCRA 40 (1997)) CHARGING LIEN An equitable right to have the fees and lawful disbursements due a lawyer for his services, secured to him out of a money judgment. Requisites for validity 1) attorney-client relationship 2) lawful possession by lawyer of the clients funds, documents and papers in his professional capacity 3) unsatisfied claim for attorneys fees or disbursements RETAINING LIEN A right merely to retain the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid.
LEGAL ETHICS
Attorney takes part as counsel in the case Purchase, acquisition by attorney, by himself or through another, during pendency of litigation
possession (otherwise a violation of Sec. 25, Rule 138 of ROC). He should not commingle it without his clients consent. He should maintain a reputation for honesty and fidelity to private trust. The fact that a lawyer has a lien for fees on money in his hands would not relieve him from the duty of promptly accounting for the funds received. (Daroy v. Legaspi (1975))
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Requisites for validity 1) attorney-client relationship 2) attorney has rendered services 3) money judgment favorable to the client has been secured in the action 4) attorney has a claim for attorneys fees or advances 5) statement of his claim has been duly recorded in the case with notice thereof served upon the client and adverse party Nature RETAINING Passive lien. It cannot be actively enforced. It is a general lien. Lawful possession of funds, papers, documents, property belonging to client Covers only funds, papers, documents, and property in the lawful possession of the attorney by reason of his professional employment As soon as the lawyer gets possession of the funds, papers, documents, property Client need not be notified to make it effective CHARGING Active lien. It can be enforced by execution. It is a special lien. Securing of a favorable money judgment for client
Basis
The relation of attorney and client is highly fiduciary in nature and is of a very delicate, exacting and confidential character. A lawyer is duty-bound to observe candor, fairness and loyalty in all his dealings and transactions with his clients. The profession, therefore, demands of an attorney an absolute abdication of every personal advantage conflicting in any way, directly or indirectly, with the interest of his client. (Barnachea v. Quicho, 399 SCRA 1 (2003)) Canon 17
A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him.
A lawyer owes fidelity to the client's cause. His highest and most unquestioned duty is to protect the client at all hazards and costs even to himself. The finest hours of the legal profession were those where the lawyer stood by his client even in the face and risk of danger to his person or fortune. And his client can take comfort in the thought that his lawyer will not abandon him when his services are needed most. (Agpalo) When a lawyer takes a clients cause, he thereby covenants that he will exert all effort for its protection until its final conclusion. The failure to exercise due diligence and the abandonment of a clients cause make such a lawyer unworthy of the trust which the client has reposed on him. (Cantilller v. Potenciano, 180 SCRA 246 (1989)) No lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client. He has the right to decline employment, except as prescribed in Canon 14 of the Code of Professional Responsibility. But once he agrees to take up the cause of the clientNo fear or judicial disfavor or public unpopularity should restrain him from the full discharge of his duty. (Santiago v. Fojas, 248 SCRA 68 (1995)) A lawyer who resorts to nefarious schemes to circumvent the law and uses his legal knowledge to further his selfish ends to the great prejudice of others, poses a clear and present danger to
Coverage
Covers all judgments for the payment of money and executions issued in pursuance of such judgment
Effectivity
Notice
Applicability
May be exercised before judgment or execution, or regardless thereof
As soon as the claim for attorneys fees had been entered into the records of the case Client and adverse party need to notified to make it effective Generally, it is exercisable only when the attorney had already secured a favorable judgment for his client
Rule 16.04 - A lawyer shall not borrow money from his client unless the clients interests are
LEGAL ETHICS
fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except when, in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.
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the rule of law and to the legal system. (Steimmark v. Mas AC No. 8010 (2009)) Canon 18
A lawyer shall serve his client with competence and diligence.

Rule 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. When a lawyer accepts a case, whether for a fee or not, his acceptance is an implied representation: 1) that he possess the requisite degree of academic learning, skill and ability in the practice of his profession; 2) that he will exert his best judgment in the prosecution or defense of the litigation entrusted to him; 3) that he will exercise reasonable and ordinary care and diligence in the pursuit or defense of the case; and 4) that he will take steps as will adequately safeguard his clients interests. (Islas v. Platon, 47 Phil. 162) However, whatever good intentions he may have, a lawyer cannot ask another lawyer to collaborate with him in a particular case without the consent of the client. The fiduciary nature of attorney-client relationship prohibits this. (Aguirre) Some cases involve specialized fields of law and require special training. A lawyer should not accept an undertaking in specific area of law which he knows or should know he is not qualified to enter. (Agpalo) Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation. Lawyer should safeguard his clients rights and interests by thorough study and preparation; mastering applicable law and facts involved in a case, regardless of the nature of the assignment; and keeping constantly abreast of the latest jurisprudence and developments in all branches of the law. (Agpalo) A lawyer should give adequate attention, care and time to his cases. This is the reason why a practicing lawyer should accept only so many cases he can handle. Once he agrees to handle a case, he should undertake the task
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. If by reason of the lawyers negligence, actual loss has been caused to his client, the latter has a cause of action against him for damages. However, for the lawyer to be held liable, his failure to exercise reasonable care, skill and diligence must be proximate cause of the loss. (Callanta) Every case a lawyer accepts deserves his full attention, diligence, skill and competence, regardless of its importance or whether he accepts for a fee or free. By agreeing to be someones counsel, he represents that he will exercise ordinary diligence or that reasonable degree of care and skill demanded of the business he undertakes to do, to protect the clients interests and take all steps or do all acts necessary thereof (Uy v Tansinin [AC No. 8252 (July 21, 2009)]. Once lawyers agree to take up the cause of a client, they owe fidelity to the cause and must always be mindful of the trust and confidence reposed in them. A client is entitled to the benefit of any and every remedy and defense authorized by law, and is expected to rely on the lawyer to assert every such remedy or defense (Garcia V. Bala [A.C. No. 5039(2005)]. Lawyers Negligence GENERAL RULE: Client is bound by attorneys conduct, negligence and mistake in handling case or in management of litigation and in procedural technique, and he cannot be heard to complain that result might have been different had his lawyer proceeded differently. EXCEPTIONS: 1) Where it results in outright deprivation of clients liberty or property or where interest of justice so requires 2) Where error by counsel is purely technical which does not affect substantially clients cause 3) Ignorance, incompetence or inexperience of lawyer is so great and error so serious that client, who has good cause is prejudiced and denied a day in court 4) Gross negligence of lawyer 5) Lack of acquaintance with technical part of procedure.
LEGAL ETHICS
with dedication and care. If he should do any less then he is not true to his oath as a lawyer. (Legarda v. CA, G. R. No. 94457, March 18, 1991)
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Examples of negligence of attorneys: o Failure of counsel to ask for additional time to answer a complaint resulting in a default judgment against his client (Mapua v. Mendoza, 45 Phil. 424(1993)). o Failure to bring suit immediately. When the belated suit was filed, the defendant had already become insolvent and recovery could no longer be had. The lawyer was declared liable to the client (Filinvest Land v. CA, 182 SCRA 664(1990)). o Failure to ascertain date of receipt from post office of notice of decision resulting in the non-perfection of the appellants appeal (Joven-De Jesus v. PNB, 12 SCRA 447). o Failure to file briefs within the reglementary period (People v. Cawili, 34 SCRA 728(1970)). o Failure to attend to trial without filing a motion for postponement or without requesting either of his two partners in the law office to take his place and appear for the defendants (Gaerlan v. Bernal, G.R. No. L-4049, Jan. 28, 1952). Failure to appear at pre-trial (Agravante v. Patriarca, 183 SCRA 113(1990)). o Failure of counsel to notify clients of the scheduled trial which prevented the latter to look to another lawyer to represent them while counsel was in the hospital (Ventura v. Santos, 59 Phil. 123(1993)). o Failure to appear simply because the client did not go to counsels office on the date of the trial as was agreed upon (Alcoriza v. Lumakang, Adm. Case No. 249, November 21, 1978). o Failure to pay the appellate docket fee after receiving the amount for the purpose (Capulong v. Alino, 22 SCRA 491(1968)). Instances where the client is not bound by counsels negligence: o In the case of an irresponsible lawyer who totally forgot about the case and failed to inform his client of the decision, the Supreme Court held that the client should not be bound by the negligence of the counsel. (Republic v. Arro, 150 SCRA 630(1987)) o A party is not bound by the actions of his counsel in case the gross negligence of the counsel resulted in the clients deprivation of his property without due process (Legarda v. Court of Appeals, 195 SCRA 418(1991)). o Where there is something fishy and suspicious about the actuations of the former counsel of petitioners in the case at bar, in the case he did not give any significance at all to the processes of the
court, which has proven prejudicial to the rights of said clients, under a lame and flimsy explanation that the courts processes just escaped his attention, it is held that the said lawyer deprived his clients of their day in court (PHHC v. Tiongco, 12 SCRA 471(1964)). Application of the rule, results in the outright deprivation of ones property through a technicality. (Escudero v. Dulay, 158 SCRA 69, 78(1988)) In the case of an irresponsible lawyer who totally forgot about the case and failed to inform his client of the decision, the Supreme Court held that the client should not be bound by the negligence of the counsel. (Republic vs. Arro, et al., 150 SCRA 630 (1987))
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LEGAL ETHICS
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable period of time to the clients request for information. It was unnecessary to have complainants wait, and hope, for six long years on their pension claims. Upon their refusal to co-operate, respondent should have forthwith terminated their professional relationship instead of keeping them hanging indefinitely. (Blanza v. Arcangel, supra) Canon 19
A lawyer shall represent his client with zeal within the bounds of law.
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage Related statutory basis: Rule 138, Sec. 20(d). Duties of attorneys. It is the duty of an attorney: to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation, perpetuated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court.
This rule merely requires the lawyer to terminate his relationship with the client in the event the latter fails or refuses to rectify the fraud. (Agpalo) Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case. Related statutory basis: Rule 138, Sec. 23. Authority of attorneys to bind clients. Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing, and in taking appeals, and in all matters of ordinary judicial procedure. But they cannot, without special authority, compromise their client's litigation, or receive anything in discharge of a client's claim but the full amount in cash. As to substantial matter Employment itself confers upon the attorney no implied or apparent authority to bind the client on substantial matters which the attorney may not impair, novate, compromise, settle, surrender or destroy without the clients consent or authority: 1. cause of action, 2. claim or demand sued upon 3. subject matter of the litigation As to matters of law In matters of law, the client should yield to the lawyer (not the lawyer to the client) for the lawyer is better trained and skilled in law. Also, proceedings to enforce remedies are within the exclusive control of the attorney. A lawyer should seek instruction from his client on any substantial matter concerning the litigation which requires decision on the part of the client (i.e. whether to compromise the case or to appeal an unfavorable judgment). In procedural matters, the client must yield to the lawyer. (Agpalo) Canon 20
RIGHT TO COMPENSATION In the absence of an express contract [for attorneys fee], payment of attorneys fees may be justified by virtue of the innominate contract of facio ut des (I do and you give) which is based on the principle that no one shall enrich himself at the expense of another (Corpuz v. CA, G.R. No. L-40424, June 30, 1980) The Counsel if worthy of his hire, is entitled to be fully recompensed for his services. With his capital consisting solely of his brains and his skill, acquired at tremendous cost not only in money but in the expenditure of time and energy, he is entitled to the protection of any judicial tribunal against any attempt on the part of a client to escape payment of his fees. (Albano v. Coloma, 21 SCRA 411 (1967)) Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees: 1) Time spent and the extent of the services rendered or required 2) Importance of the subject matter 3) Novelty and difficulty of the questions involved; 4) Skill demanded; 5) Probability of losing other employment as a result of acceptance of the professed case; 6) Professional standing of the lawyer; 7) Amount involved in the controversy and the benefits resulting to the client from the service 8) Customary charges for similar services and the schedule of fees of the IBP Charter to which he belongs; and 9) Contingency or certainty of compensation; 10) Character of the employment, whether occasional or established. 11) Capacity of the client to pay.
ATTORNEYS FEES Ordinary An attorneys fee is the reasonable compensation paid to a lawyer for the legal services he has rendered to a client. The basis of this compensation is the fact of employment by the client. Extraordinary
A lawyer shall charge only fair and reasonable fees.

Related statutory basis: Rule 138, Sec. 24. Compensation of attorneys. An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the
LEGAL ETHICS
Related rule: Canon 21. A lawyer should not allow his client to perpetuate fraud. However, the lawyer shall not volunteer the information about the clients commission of the fraud to anyone for that will run counter to his duty to maintain at all times the clients confidences and secrets.
subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefore unless found by the court to be unconscionable or unreasonable.
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LEGAL ETHICS AND FORMS REVIEWER An attorneys fee is an indemnity for damages ordered by the court to be paid by the losing party to the prevailing party in a litigation. The basis of this is any of the cases authorized by law and is payable not to the lawyer but to the client unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof. (Traders Royal Bank Employees Union-Independent v. NLRC, G.R. No. 120592, March 14, 1997) Factors of the value (Rule 138, Sec, 24) 1) the importance of the subject matter controversy; 2) the extent of the services rendered; and 3) the professional standing of the attorney. of
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P200 in grave felonies other than capital offenses; P500 in capital offenses.
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LEGAL ETHICS
AMICUS CURIAE not entitled to attorneys fees. Counsel Cannot Recover Full Amount Despite Written Contract 1) When the services were not performed, and the lawyer withdrew before the case was finished, he will be allowed only reasonable fees 2) When there is justified dismissal of an attorney, the contract will be nullified and payment will be on quantum meruit basis 3) When the stipulated fees are unconscionable 4) When the stipulated fees are in excess of what is expressly provided by law 5) When the lawyer is guilty of fraud or bad faith in the manner of his employment 6) When the counsels services are worthless because of negligence 7) When the contract is contrary to laws, morals, and good policies The mere fact that an agreement had been reached between attorney and client fixing the amount of the attorney's fees, does not insulate such agreement from review and modification by the Court where the fees clearly appear to be excessive or unreasonable. (Tanhueco v. De Dumo, 172 SCRA 760 (1989))
QUANTUM MERUIT Means as much as a lawyer deserves. Its essential requisite is acceptance of the benefits by one sought to be charged for services rendered under circumstances as reasonably to notify him that lawyer expects compensation. Authorized when: o there is no express contract for attorneys fees agreed upon between the lawyer and the client; o when although there is a formal contract of attorneys fees, the stipulated fees are found unconscionable or unreasonable by the court; o when the contract for attorneys fees is void due to purely formal matters or defects of execution; o when the counsel, for justifiable cause, was not able to finish the case to its conclusion; o when lawyer and client disregard the contract of attorneys fees o when there is a contract but no stipulation as to attorneys fees Guides in Determining Attorneys Fees in Quantum Meruit Basis a) Time spent and Extent of the Services Rendered A lawyer is justified in fixing higher fees when the case is so complicated and requires more time and efforts to finish it.
Additionally, the court is not bound by the opinion of attorneys as expert witness as to proper compensation and that written contract shall control the amount paid unless found by the court to be unconscionable or reasonable. According to jurisprudence, the court may also take into consideration the clients capacity to pay. Modes of payment: o A fixed or absolute fee which is payable regardless of the result of the case o A contingent fee that is conditioned to the securing of a favorable judgment and recovery of money or property and the amount of which may be on a percentage basis o A fixed fee payable per appearance o A fixed fee computed by the number of hours spent o A fixed fee based on a piece of work o A combination of any of the above stipulated fees.
Compensation to which Lawyer is Entitled Depending on His Capacity COUNSEL DE PARTE He is entitled to a reasonable attorneys fees agreed upon or in the absence thereof, on quantum meruit basis. COUNSEL DE OFICIO The counsel may not demand from the accused attorneys fees even if he wins the case. He may however collect from the government funds if available based on the amount fixed by the court. Rule 138, Sec. 32. Compensation for attorneys de oficio. Subject to availability of funds as may be provided by law the court may, in its discretion, order an attorney employed as counsel de oficio to be compensated in such sum as the court may fix in accordance with section 24 of this rule. Whenever such compensation is allowed, it shall not be less than P30 in any case, nor more than the following amounts: o P50 in light felonies; o P100 in less grave felonies;
LEGAL ETHICS AND FORMS REVIEWER b) Importance of Subject Matter The more important the subject matter or the bigger value of the interest or property in litigation, the higher is the attorneys fee. Novelty and Difficulty of Questions Involved When the questions in a case are novel and difficult, greater efforts, deeper study and research, are bound to burn the lawyers time and stamina considering that there are no local precedents to rely upon. Skill demanded of the Lawyer The totality of the lawyers experience provides him the skill and competence admired in lawyers.
c)
d)
This ensures protection of lawyers in collection of fees. It is also designed to secure the lawyers wholehearted fidelity to the clients cause and to prevent that situation in which the receipt by him of a rebate or commission from another in connection with the clients cause may interfere with the full discharge of his duty to the client. The amount received by lawyer from opposite party or third persons in the service of his client belongs to the client except when the latter has full knowledge and approval of lawyers taking (Agpalo) Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. Judicial actions to recover attorneys fees: 1) file an appropriate motion or petition as an incident in the main action where he rendered legal services; 2) file a separate civil action for collection of attorneys fees. Suits to collect fees should be avoided and only when the circumstances imperatively require should a lawyer resort to lawsuit to enforce payment of fees. This is but a logical consequence of the legal profession not primarily being for economic compensation. (Agpalo) An attorney-client relationship can be created by implied agreement, as when the attorney actually rendered legal services for a person who is a close friend. The obligation of such a person to pay attorneys fees is based on the law of contracts concept of facio ut des (no one shall unjustly enrich himself at the expense of others.) (Corpuz v. CA, 98 SCRA 424 (1980)) Canon 21
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LEGAL ETHICS
CHAMPERTOUS CONTRACT One where the lawyer stipulates with his client the prosecution of the case that he will bear all the expenses for the recovery of things or property being claimed, and the latter pays only upon successful litigation. Void for being against public policy. CONTINGENT CONTRACT It is an agreement in which the lawyers fee, usually a fixed percentage of what may be recovered in the action, is made to depend upon the success in the effort to enforce or defend the clients right. It is a valid agreement. It is different from a champertous contract in that the lawyer does not undertake to shoulder the expenses of the litigation. CONTINGENT Contingent fee is payable in cash. Lawyers do not undertake to pay all expenses of litigation Not prohibited CHAMPERTOUS Payable in kind only Lawyers undertake to pay all expenses of litigation Void
Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed. NOTE: This is not in the nature of a brokers commission. Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowances or other compensation whatsoever related to his professional employment from any one other than the client. Related statutory basis: Rule 138, sec. 20(e). Duties of attorneys. It is the duty of an attorney to accept no compensation in connection with his client's business except from him or with his knowledge and approval. RATIONALE:
A lawyer shall preserve the confidence and secrets of his client after the attorney-client relationship is terminated.
Rule 138, 20(e). Duties of attorneys.It is the duty of an attorney: (e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; Rule 130, sec. 21(b). Privileged communication. An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given
Art. 209 Revised Penal Code. Betrayal of trust by an attorney or solicitorRevelation of secrets.In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. Duty to preserve client's confidence Neither attorney nor client nor anyone who stands in a peculiar relation of confidence with either of them can be compelled to disclose any privileged communication. This canon also applies to prospective clients. Formerly, in order that a communication shall be privileged, the attorney-client relationship should exist at the time of communication. But at present, communication made by prospective client is covered for as long as it is made to the lawyer in his professional capacity. Duration of duty The lawyers duty to maintain inviolate his clients confidence is perpetual. It outlasts even the lawyers employment. He may not do anything which will injuriously affect his former client nor may he at any time disclose or use against him any knowledge or information acquired by virtue of professional relationship. Similarly and as a general rule, the protection of the attorney and client privilege is perpetual. However, some privileged communications lose their privileged character by some supervening act done pursuant to the purpose of the communication (e.g. a communication intended by the client to be sent to a third person through his attorney
Reason for the rule This duty exists because unless the client knows that his attorney cannot be compelled to reveal what is told to him, he will suppress what he thinks to be unfavorable and the advice which follows will be useless if not misleading. The purpose of the attorney-client privilege is to encourage a client to make full disclosure to his attorney and to place unestricted confidence in him in matters affecting his rights or obligations. Confidentiality A confidential communication refers to information transmitted by voluntary act of disclosure between attorney and client in confidence and by means which so far as the client is aware, discloses the information to no third person other than one reasonably necessary for the transmission of the information or the accomplishment of the purpose for which it was given. There is a difference between confidences and secrets of clients. While confidences refer to information protected by attorneyclient privilege under the Revised Rules of Court (information pertinent to the case being handled), secrets are those other information gained in the professional relationship that the client has requested to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to client (information not exactly pertinent to case). The intent of client to make communication confidential must be apparent. But once conveyed to lawyer, confidentiality attaches not only to statements but also to other forms of communication. Embraces not only oral or written statements but actions, signs or other means of communications. Communication may be transmitted by any form of agency, such as a messenger, an interpreter or any other form of transmission. It is immaterial whether the agent is the agent of the attorney, the client or both.
LEGAL ETHICS
thereon in the course of professional employment; nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity.
loses confidential character once it reached the third party). The privilege is intended primarily to protect client and incidentally in consideration for oath and honor of attorney. Hence, the work product of the lawyer, including his effort and researches, contained in his files is confidential even after his death. Contents of lawyers files may not be disclosed without a clients consent.
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Requisites for Privilege Communication to Attach The person to whom information is given is a lawyer. No attorney-client relation when person is not a lawyer, even if such person undertakes to perform legal services. Exception: if a person is pretending to be a lawyer and client discloses confidential communications, the attorney-client privilege applies. There is legal relationship existing (may be disregarded for prospective clients) Legal advice must be sought from the attorney in his professional capacity with respect to communications relating to that purpose. Not privileged if advice is not within lawyers professional capacity Some privileged communication may lose privileged character. Client must intend the communication be confidential. Question of privilege determined by court. The burden of proof is on the party who asserts the privilege. Persons Entitled to claim Privilege Generally, the attorney-client privilege covers the lawyer, client and third persons who by reason of their work have acquired information about the case being handled. This includes the following: (1) attorneys secretary, stenographer and clerk; (2) interpreter, messengers, or agents transmitting communication (3) an accountant, scientist, physician, engineer who has been hired for effective consultation. Assignee of the client's interest may claim the privilege as far as the the communication affects the realization of the assigned interest. Identification of client privilege extends when the ff are not present: (1) commencement of litigation on behalf of the client, (2) identification relating to employment of rd 3 person, (3) employment of attorney with respect to future criminal/ fraudulent transaction, (4) prosecution of a lawyer for a criminal offense This rule does not cover those kept for custodial purposes only nor contracts relating to attorneys fees Examples of privileged matters work product of lawyer (his effort, research and thought contained in his file) a report of a physician, an accountant, an
Genato v. Silapan 453 Phil. 910 (2003) Facts: Atty. Silapan and Genato had an attorney-client relationship. Genato filed charges against Silapan due to the latters failure to pay amortization fees. Silapan alleged in his answer that Genato is a businessman in real estate business, who traded and buys and sells deficiency taxed imported cars, provides shark loan and engages in other shady deals. He also alleged that Genato has many pending cases and had attempted to bribe officials to lift the case. The SC held that Silapan had violated confidentiality of lawyer-client relationship. Held: Canon 17 of the Code of Professional Responsibility provides that a lawyer owes fidelity to the cause of his client and shall be mindful of the trust and confidence reposed on him. The rule is that an attorney is not permitted to disclose communications made to him in his professional character by a client, unless the latter consents. This obligation to preserve the confidences and secrets of a client arises at the inception of their relationship. The protection given to the client is perpetual and does not cease with the termination of the litigation nor is it affected by the partys ceasing to employ the attorney and retaining another, or by any other change of relation between them. It even survives the death of the client. It must be stressed, however, that the privilege against disclosure of confidential communications or information is limited only to communications which are legitimately and properly within the scope of a lawful employment of a lawyer. It does not extend to those made in contemplation of a crime or perpetration of a fraud. It is not within the profession of a lawyer to advise a client as to how he may commit a crime. Thus, the attorney-client privilege does not attach, there being no professional employment in the strict sense. Nevertheless, respondents explanation that it was necessary for him to make the disclosures in his pleading fails to satisfy the Court. The disclosures were not indispensable to protect his
LEGAL ETHICS
engineer or a technician, whose services have been secured by a client as part of his communication to his attorney or by the attorney to assist him render effective legal assistance to his client records concerning an accident in which a party is involve consultation which has to do the preparation of a client to take the witness stand
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Hilado v. David 83 Phil 569 (1949) Facts: Prior to Atty Franciscos rendering of legal service to Assad (defendant) , Hilado (plaintiff) consulted the same lawyer and even presented him with documents about case against Assad. Hilado and her counsel want Francisco disqualified as counsel for Assad. The SC found that an attorney-client relationship existed between Hilado and Francisco and that the latter had violated the confidence of client. Held: To constitute professional employment it is not essential that the client should have employed the attorney professionally on any previous occasion. If a person, in respect to his business affairs or troubles of any kind, consults with his attorney in his professional capacity with the view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces in such consultation, then the professional employment must be regarded as established. Information so received is sacred to the employment to which it pertains, and to permit to be used in the interest of another, or, worse still, in the interest of the adverse party, is to strike at the element of confidence which lies at the basis of, and affords the essential security in, the relation of attorney and client. Rationale behind this prohibition: not only to prevent the dishonest practitioner from fraudulent conduct, but also to protect the honest lawyer from unfounded suspicion of unprofessional practice. It is founded on principles of public policy, on good taste. The question is not necessarily one of the rights of the parties, but as to whether the attorney has adhered to proper professional standard. Rule 21.01 A lawyer shall not reveal the confidence or secrets of his client except: a. When authorized by the client after acquainting him of the consequences of the disclosure; b. When required by law; c. When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.
Exceptions to the General Rule (These exceptions to the general rule are found in Rule 21.01.) 1. When authorized by the client after acquanting him of the consequences of the disclosure A waiver of the privilege must be made in entirety. A client may waive protection of privilege through lawyer except where the controversy involves the attorneys relation with his client. In such case, only the client may waive privilege. Consent given by client to lawyers secretary (staff/employees) will not give him/her the right to reveal confidences. Lawyers consent is necessary. 2. When required by law A lawyer may disclose commission of
LEGAL ETHICS
rights, as they were not pertinent to the foreclosure case. It was improper for the respondent to use it against the complainant in the foreclosure case as it was not the subject matter of litigation therein and respondents professional competence and legal advice were not being attacked in said case.
A lawyer becomes familiar with all the facts connected with his clients case. Such knowledge must be considered sacred and must be guarded with care to ensure the confidence of the client is not abused. Only when client consents will a lawyer be allowed to make use of said information. Use of said information, whether privileged or not, is prohibited if it is to the: a) disadvantage of the client; b) lawyers advantage; c) advantage of third persons. A lawyer may not disclose any information concerning the clients case, which he acquired from the client in confidence, other than what may be necessary to prosecute or defend his clients cause. In fact, loyalty to the court may not override this privilege as said loyalty involves steadfast maintenance of principles which the courts themselves have evolved for the effective administration of justice; one of these principles is that of preservation of clients confidence communicated to lawyer in his professional capacity. Breach of this fidelity is sufficient to warrant disciplinary sanction against the lawyer. If a lawyer manages to acquire information regarding the opposing partys cause, he must withdraw Client may not make communications to opposing counsel to silence him (such communication is not privileged) If corporate client, secret of 1 corporate officer may be disclosed to directors but not to others Involves a balancing of loyalties (e.g. client committed perjury, should lawyer disclose?)
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contemplated crimes or perpetuation of fraud considering that professional relationship should only be for lawful purposes. A person who is committing a crime or is about to commit a crime can have no privileged witness. For the application of the privilege to attach, the period to be considered is the date when the privileged communication was made by the client to the attorney in relation to either a crime committed in the past or with respect to a crime intended to be committed in the future. 3. When necessary to collect attorney's fees or to defend himself, his employees or associates or by judicial action In case client files complaint against his lawyer or unreasonably refuses to pay his fees, client waives privilege in favor of lawyer who may disclose so much of clients confidences as may be necessary to protect himself or to collect fees. It must be noted that a client may not be permitted to take advantage of the attorney-client relation to defeat the just claim of his lawyer. Rule 21.02 A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to his advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto. A lawyer must have the fullest confidence of his client. If confidence is abused, as by the use by the lawyer of the client's secrets against his client, the profession will suffer by the loss thereof.
Rule 21.04 A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. Rule 21.05 A lawyer shall adopt measures as may be required to prevent whose services are utilized by him, disclosing or using confidences or secrets client. such those from of the
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LEGAL ETHICS
Professional employment of a law firm is equivalent to retainer of the members thereof even though only one partner is consulted. When one partner tells another about the details of the case, it is not considered as disclosure to third persons because members of a law firm are considered as one entity. The clients secrets which clerical aids of lawyers learn of in the performance of their services are covered by privileged communication. It is the duty of lawyer to ensure that this is being followed. The prohibition against a lawyer from divulging the confidences and secrets of his clients will become futile exercise if his clerical aids are given liberty to do what is prohibited of the lawyer. (EX. Signing of confidentiality contract)
Rule 21.06 A lawyer shall avoid indiscreet conversation about a clients affairs even with members of his family. A lawyer must not only preserve the confidences and secrets of his clients in his law office but also outside including his home. He should avoid committing calculated indiscretion, that is, accidental revelation of secrets obtained in his professional employment. Reckless or imprudent disclosure of the affairs of his clients may jeopardize them. Not every member of the lawyers family has the proper orientation and training for keeping clients confidences and secrets.
Rule 21.03 A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose. The reason for the rule is that the work and product of a lawyer, such as his effort, research, and thought, and the records of his client, contained in his files are privileged matters. Neither the lawyer nor, after his death, his heir, or legal representative may properly disclose the contents of such file cabinet without clients consent
Rule 21.07 A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interests. Rule 15.01. A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. Rule 14.03. A lawyer may refuse to accept representation of an indigent client if:
GENERAL RULE: The client has the right to terminate at any time with or without just cause. LIMITATIONS: Client cannot deprive counsel of right to be paid services if dismissal is without cause Client cannot discharge counsel as an excuse to secure repeated extensions of time Notice of discharge is required for both court and adverse party
MONTANO V. IBP 358 SCRA 1 (2001)
This rule clarifies that privilege communication applies even to prospective clients. The disclosure and the lawyer's opinion thereon create an attorney-client relationship, even though the lawyer does not eventually accept the employment or the prospective client did not thereafter actually engage the lawyer. By the consultation, the lawyer already learned of the secrets of prospective client. It is not fair if he will not be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client. This rule, of course, is subject to exception of representation of conflicting interests. In relation to conflict of interest, the lawyer should ascertain as soon as practicable whether the matter would involve a conflict of interest with his other client or with his own.
A lawyer shall not reveal the confidence or secrets of his client except: a. When authorized by the client after acquainting him of the consequences of the disclosure; b. When required by law; c. When necessary to collect his fees or to defend himself, his employees or associates or by judicial action. Canon 22
The parties in this case agreed upon attorneys fees in the amount of P15,000, 50% of which was payable upon acceptance of the case and the remaining balance upon the termination of the case. Accordingly, complainant Montano paid Atty. Dealca the amount of P7,500. But even before Atty. Dealca had prepared the appellants brief and contrary to their agreement, Atty. Dealca demanded an additional payment from complainant. Montano was able to pay 4,000. Before filing the appellant's brief, Atty Dealco demanded the payment once again. When complainant was unable to pay, lawyer withdrew his appearance as complainants counsel without his prior knowledge and/or conformity. Held: Although a lawyer may withdraw his services when the client deliberately fails to pay the fees for the services, under the circumstances of the present case, Atty. Dealcas withdrawal was unjustified as complainant did not deliberately fail to pay him the attorneys fees. In fact, complainant exerted honest efforts to fulfill his obligation. Rule 22.01 - A lawyer may withdraw his services in any of the following case: o When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; o When the client insists that the lawyer pursue conduct violative of these canons and rules; o When his inability to work with co-counsel will not promote the best interest of the client; o When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively;
A lawyer may withdraw his services only for good cause and upon notice appropriate in the circumstances.
Termination of Attorney-Client Relation 1) Withdrawal of lawyer under Rule 22.01 2) Death of the lawyer 3) Disbarment or suspension of the lawyer from the practice of law 4) Declaration of presumptive death of lawyer 5) Conviction of a crime and imprisonment of lawyer 6) Discharge or dismissal of the lawyer by the client 7) Appointment or election of a lawyer to a government position which prohibits private practice of law 8) Death of client
LEGAL ETHICS
a.) he is not in a position to carry out the work effectively or competently b.) he labors under a conflict of interests between him and the prospective client or between a present client and the prospective client.
9) Intervening incapacity or incompetence of the client during pendency of case 10) Full termination of the case
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Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. Conditions for the Substitution of Counsel 1) Written request for substitution 2) Written consent of client 3) Written consent of the attorney to be substituted or in the absence, proof of service of notice of said motion to the attorney to be substituted
OBANDO V. FIGUERAS 322 SCRA 148 (2000)
The lawyer, Atty. Yuseco , who filed a motion, was allegedly no longer Eduardo Figueras' counsel. Held: The court held that Atty. Yuseco was still Eduardo's counsel of record. Representation continues until the court dispenses with the services of counsel in accordance with Section 26, Rule 138 of RoC. Counsel may be substituted only with the ff requisites: (1) new counsel files a written application for Substitution; (2) the clients written consent is obtained; (3) the written consent of the lawyer to be substituted is secured. Moreover, at the discretion of the court, a lawyer who has been dismissed by a client is allowed to intervene in a case in order to protect the clients rights.
LEGAL ETHICS
When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; When the lawyer is elected or appointed to public office; and Other similar cases.
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Chapter III. DISCIPLINE OF LAWYERS judicial proceedings and to enforce judgment, orders and writs. Kinds of Contempt Direct Contempt Consists of misbehavior in the presence of or near a court or judge as to interrupt or obstruct the proceedings before the court or the administration of justice. Indirect or Constructive Contempt One committed away from the court involving disobedience of or resistance to a lawful writ, process, order, judgment or command of the court, tending to belittle, degrade, obstruct, interrupt or embarrass the court. Civil contempt Failure to do something ordered by the court which is for the benefit of the party. Criminal contempt Consists of any conduct directed against the authority or dignity of the court. Acts of a Lawyer Constituting Contempt o Misbehavior as officer of court o Disobedience or resistance to court order o Abuse or interference with judicial proceedings o Obstruction in administration of justice o Misleading courts o Making false allegations, criticisms, insults, veiled threats against the courts o Aiding in unauthorized practice of law (suspended or disbarred) o Unlawful retention of clients funds o Advise client to commit contemptuous acts
Chapter III. Discipline of Lawyers

I. LIABILITIES OF LAWYERS II. POWER TO DISCIPLINE ERRANT LAWYERS A. Forms Of Disciplinary Measures B. Suspension And Disbarment C. Procedure For Suspension/ Disbarment Of Attorneys By The IBP D. Procedure For Suspension/ Disbarment Of Attorneys By The Supreme Court Motu Proprio E. Imposition Of Penalties In The Supreme Court III. MODIFYING CIRCUMSTANCES A. Mitigating Circumstances B. Aggravating Circumstances C. Effect Of Executive Pardon IV. REINSTATEMENT
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LEGAL ETHICS
I.
Liabilities of Lawyers
CIVIL LIABILITY Client is prejudiced by lawyers negligence and misconduct. Breach of fiduciary obligation Civil liability to third persons Libelous words in pleadings; violation of communication privilege Liability for costs of suit (treble costs) when lawyer is made liable for insisting on clients patently unmeritorious case or interposing appeal merely to delay litigation CRIMINAL LIABILITY Prejudicing client through malicious breach of professional duty Revealing client secrets Representing adverse interests Introducing false evidence Misappropriating clients funds (estafa) Libel except if statements are connected with the relevant, pertinent, and material to the cause in hand or the subject of the inquiry COSTS OF SUIT GENERAL RULE: Losing client and not the lawyer is liable for costs, since the lawyer is not a party-litigant EXCEPTION: When the lawyer insisted on clients patently unmeritorious case the court may adjudge lawyer to pay treble costs of suit
CONTEMPT OF COURT It is exercised on preservative and not on vindictive principles and on corrective rather than the retaliatory idea of punishment. It is criminal in nature. The power to punish for contempt is inherent in all courts. It is essential in the observance of order in
II. Power to Discipline Errant Lawyers

Statutory Basis Rule 138, Sec. 27. The Supreme Court has the full authority and power to (WARDS) WARN ADMONISH REPRIMAND SUSPEND and DISBAR a lawyer Rule 139-B, Sec. 16. The Court of Appeals and the Regional Trial Courts are also empowered to WARN ADMONISH REPRIMAND and SUSPEND an attorney who appears before them from the practice of law for any of the causes mentioned in Rule 138, Sec. 27. A. Forms of Disciplinary Measures 1) Warning an act or fact of putting one on his guard against an impending danger, evil consequences or penalties.
Chapter III. DISCIPLINE OF LAWYERS o To remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney; To punish the lawyer; To set an example or warning for the other members of the bar; To safeguard the administration of justice from dishonest and incompetent lawyers; To protect the public;
o o o o
3) Reprimand a public and formal censure or severe reproof, administered to a person in fault by his superior officer or a body to which he belongs. - imposed on a minor infraction of the lawyers duty to the court or client 4) Suspension a temporary withholding of a lawyers right to practice his profession as a lawyer for a certain period or for an indefinite period of time. a. Definite b. Indefinite qualified disbarment; lawyer determines for himself for how long or how short his suspension shall last by proving to court that he is once again fit to resume practice of law. 5) Censure official reprimand. 6) Disbarment It is the act of the Philippine Supreme Court in withdrawing from an attorney the right to practice law. The name of the lawyer is stricken out from the roll of attorneys. B. Suspension and Disbarment
SUSPENSION AND DISBARMENT Disciplinary proceedings against lawyers are sui generis: neither purely civil nor purely criminal. It is notand does not involvea trial of an action or a suit, but is rather an investigation by the Court in the conduct of its officers. Not being intended to inflict punishment, it is no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor. x x x Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. (In Re: Almacen, supra) Nature of Proceedings: o Neither a civil action nor a criminal proceeding; o Sui generis, it is a class of its own since it is neither civil nor criminal Confidential in nature o Defense of double jeopardy is not available o Can be initiated by the SC, motu proprio, or by the IBP. It can be initiated without a complaint. o Can proceed regardless of interest of the complainants o Imprescriptible o It is itself due process of law Objectives of Suspension and Disbarment: o To compel the attorney to deal fairly and honestly with his clients;
Grounds for Disbarment: 1) Deceit 2) Malpractice, or other gross misconduct in office any malfeasance or dereliction of duty committed by a lawyer 3) Grossly immoral conduct 4) Conviction of a crime involving moral turpitude 5) Violation of oath of office 6) Willful disobedience of any lawful order of a superior court 7) Corruptly or willfully appearing as an attorney for a party to case without an authority to do so Broadly speaking, the grounds for disbarment or suspension of a lawyer consist of those acts of misconduct before and after his admission to practice. But this enumeration is not exclusive May be disciplined or suspended for ANY misconduct in his professional or private capacity which shows him to be wanting in moral character
Officers Authorized to Investigate Disbarment Cases: Supreme Court IBP through its Commission on Bar Discipline or authorized investigators Office of the Solicitor General
The statutory enumeration of the grounds for disbarment or suspension is not to be taken as a limitation on the general power of courts to suspend or disbar a lawyer. The inherent power of the court over its officers cannot be restricted. (Quingwa v. Puno, Admin. Case No. 398, Feb. 28, 1967) Disbarment should not be decreed where any punishment less severe such as reprimand, suspension or fine would accomplish the end desired. (Amaya v. Tecson, 450 SCRA 510) In disbarment proceedings, the burden of proof is upon the complainant and this court will exercise its disciplinary power only if the complainant establishes his case by clear, convincing and satisfactory evidence. (Aquino v. Mangaoang, 425 SCRA 572)
LEGAL ETHICS
2) Admonition a gentle or friendly reproof, mild rebuke, warning or reminder, counseling, on a fault, error or oversight; an expression of authoritative advice.
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Chapter III. DISCIPLINE OF LAWYERS
C. Procedure for Suspension or Disbarment of Attorneys by the IBP IBP Motu Propio VERIFIED COMPLAINT TO THE IBP Complaint must be: In writing Stating facts complained of
D. Procedure for Suspension or Disbarment of Attorneys (Rule 139-B) by the Supreme Court Motu Propio Supreme Court shall refer the case to an investigator
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LEGAL ETHICS
POSSIBLE INVESTIGATORS: Solicitor General Any Officer of the SC Any judge of a lower court Shall appoint an investigator and notify respondent within two days from receipt Shall notify the Respondent
Respondent must answer (within 15 days) RESPONDENTS ANSWER: Within 15 days from notice INVESTIGATION (3 months) INVESTIGATION 1) Investigator may issue subpoenas 2) Provide respondent with opportunity to be heard. 3) May proceed with investigation ex parte should respondent be unable to comply.
REPORT to be submitted not later than 30 days from investigations termination. REPORT MUST CONTAIN Findings of facts Recommendations
REPORT Submitted not later than 30 days from termination of investigation. Contains: 1) Findings of facts 2) Recommendation Disbar Suspend Dismiss
SUPREME COURT FOR JUDGMENT
E. Imposition of Penalties in the Supreme Court Suspension By division one year or less En banc more than one year Division P10,000 or less En banc more than P10,000
SUPREME COURT FOR JUDGMENT
Fine
In case of two or more suspensions: Service will be successive, not simultaneous.
III. Modifying Circumstances

Extent of disciplinary action depends on attendance of mitigating or aggravating circumstance. presence of mitigating circumstances may justify suspension instead of disbarment, and censure or reprimand instead of suspension inverse rule may apply where aggravating circumstances are present A. Mitigating Circumstances o Good Faith in the acquisition of a property of the client subject of the litigation (In Re: Ruste, 70 Phil 243) Youth & inexperience of a lawyer Old Age & long membership (may also be an aggravation depending on the circumstance) Apology Lack of Intention to slight or offend the court Lack of material damage to complaining witness Desistance of complainant Error in judgment First offense Honest & efficient service in various government positions Clean record of professional responsibility in the past
based solely offense.
on
commission
of
such
o o
3. Absolute, after conviction If absolute pardon is given to lawyer after being disbarred for conviction of a crime, it does not automatically entitle him to reinstatement to the bar. It must be shown by evidence aside from absolute pardon that he is now a person of good moral character and fit and proper person to practice law. In case of a conditional pardon, there will be a remission of unexpired period of sentence.
o o o o o o o o
IV. Reinstatement
It is the restoration in disbarment proceedings to a disbarred lawyer the privilege to practice law. Statutory basis: 1987 Constitution, Art. VIII, Sec. 5(5). The power of the Supreme Court to reinstate is based on its constitutional prerogative to promulgate rules on the admission of applicants to the practice of law. this is an exclusive authority In order that there is reinstatement, the following must be taken into consideration: o the applicants character and standing prior to disbarment; o the nature or character of the misconduct for which he is disbarred; o his conduct subsequent to disbarment (Cui v. Cui, 11 SCRA 755) o including his efficient government service (In Re: Adriatico, 17 Phil 324) o the time that has elapsed between disbarment and the application for reinstatement and the circumstances that he has been sufficiently punished and disciplined (Prudential Bank v. Benjamin Grecia, 192 SCRA 381) o applicants appreciation of significance of his dereliction and his assurance that he now possesses the requisite probity and integrity; o favorable endorsement of the IBP, pleas of his loved ones (Yap Tan v. Sabandal, 170 SCRA 207) The court may require applicant for reinstatement to enroll in and pass the required fourth year review classes in a recognized law school. (Cui v. Cui, supra; In Re: Rusiana, 56 SCRA 240)
B. Aggravating Circumstances o o o o o o Abuse of authority or of attorney-client relationship sexual intercourse with a relative charge of gross immorality Previous dismissal as member of the bar Defraud upon the government Use of knowledge or information, acquired in the course of a previous professional employment, against a former client
C. Effect of Executive Pardon 1. Conditional The disbarment case will not be dismissed on the basis thereof. 2. Absolute, before conviction The disbarment case will be dismissed. Absolute pardon by the President may wipe out conviction as well as offense itself and the grant thereof in favor of a lawyer is a bar to a proceeding for disbarment against him
LEGAL ETHICS
The reason is that the respondent lawyer, after the absolute pardon, is as guiltless and innocent as if he never committed the offense at all.
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A PREVIOUSLY DISBARRED LAWYER who is given absolute pardon by the President is not automatically reinstated, he must still file a petition for reinstatement with the SC. Condition for Reinstatement: A lawyer who has been suspended or disbarred may be reinstated when the SC is convinced that he has already possessed the requisites of probity and integrity necessary to guarantee his worth to practice his possession. To be reinstated to the practice of law, it is necessary that the respondent must like any other candidate for admission to the bar, satisfy the Court that he is a person of good moral character and a fit and proper person to practice law. (In re: Rovero, 101 SCRA 803) Effects of Reinstatement: 1) Recognition of moral rehabilitation and mental fitness to practice law; 2) Lawyer shall be subject to same law, rules and regulations as those applicable to any other lawyer; 3) Lawyer must comply with the conditions imposed on his readmission. NOTE: Good moral character is not only a condition precedent to admission to the practice of law but is a continuing requirement.
LEGAL ETHICS
The sole object of the court is to determine whether or not the applicant has satisfied and convinced the court by positive evidence that the effort he has made toward the rehabilitation of his character has been successful. (In re Rusiana, 56 SCRA 240)
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Chapter IV. CODE OF JUDICIAL CONDUCT
Chapter IV. Code of Judicial Conduct

I. II. III. IV. V. VI. CANON 1: INDEPENDENCE CANON 2: INTEGRITY CANON 3: IMPARTIALITY CANON 4: PROPRIETY CANON 5: EQUALITY CANON 6: COMPETENCE AND DILIGENCE
NEW CODE OF (Bangalore Draft)
JUDICIAL
CONDUCT
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LEGAL ETHICS
Independence Integrity Impartiality Propriety Equality Competence and Diligence
JUDICIAL ETHICS Branch of moral science which treats of the right and proper conduct to be observed by all judges and magistrates in trying and deciding controversies brought to them for adjudication which conduct must be demonstrative of impartiality, integrity, competence, independence and freedom from improprieties. JUDGE A public officer who, by virtue of his office, is clothed with judicial authority, a public officer lawfully appointed to decide litigated questions in accordance with law. DE JURE JUDGE One who is exercising the office of judge as a matter of right; an officer of a court who has been duly and legally appointed, qualified and whose term has not expired. DE FACTO JUDGE An officer who is not fully invested with all the powers and duties conceded to judges, but is exercising the office of a judge under some color of right.
I.
Independence
CANON 1 - JUDICIAL INDEPENDENCE IS A PRE-REQUISITE TO THE RULE OF LAW AND A FUNDAMENTAL GUARANTEE OF A FAIR TRIAL. A JUDGE SHALL THEREFORE UPHOLD AND EXEMPLIFY JUDICIAL INDEPENDENCE IN BOTH ITS INDIVIDUAL AND INSTITUTIONAL ASPECTS.
MEMORY AID FOR SECTIONS UNDER CANON1: Independent judicial function (Sec. 1) Outside pressure (Sec. 2) Influencing outcome of litigation (Sec. 3) Influence on judicial conduct (Sec. 4) Independence from executive and legislative (Sec. 5) Independence from society and particular parties (Sec. 6) Safeguards for judicial independence (Sec. 7) Promote Public confidence (Sec. 8)
Qualifications of SC members: 1. Natural born citizen 2. At least 40 years of age 3. Must have been for at least 15 years a judge of a lower court or engaged in the practice of law (Sec. 7 (1), Art. VIII, 1987 Constitution) Qualifications of RTC judges: 1. Natural-born citizen 2. At least 35 years of age 3. For at least 10 years has been engaged in the practice of law in the Philippines or has held public office requiring admission to the practice of law as an indispensable requisite Qualifications of MTC judges: 1. Natural-born citizen of the Philippines; 2. At least 30 years of age; 3. For at least five years has been engaged in the practice of law in the Philippines or has held public office requiring admission to the practice of law as an indispensable requisite.
Sec. 1. Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason. A judge found defendants guilty beyond reasonable doubt of the crime of Rape with Homicide. However, he sentenced the accused with reclusion perpetua instead of the death, as unequivocally required by RA 7659. A court of law is no place for a protracted debate on the morality or propriety of the sentence, where the law itself provides for the sentence of death as a penalty in specific and welldefined instances. (People v. Veneracion, 249 SCRA 244 (1995)) Mass media has its duty to fearlessly but faithfully inform the public about events and persons. However, when a case has received wide and sensational publicity, the trial court should be doubly careful not only to be fair and impartial but also to give the appearance of complete objectivity in its handling of the case. (Go v. Court of Appeals, 206 SCRA 165)
The discretion of the Court to grant bail must be based on the Courts determination as to whether or not the evidence of guilt is strong. This discretion may be exercised only after the evidence has been submitted at the summary hearing conducted pursuant to Sec. 7 of Rule 114 of the Rules. Respondents admission that he granted bail to an accused upon the request of a Congressman, despite his belief that the evidence of guilt against said is strong, is indeed reprehensible. (Tahil v. Eisma, 64 SCRA 378 (1975)) Sec. 3. Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency. Sec. 4. Judges shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge. Judges family includes a judges spouse, son, daughter, son-in-law, daughter-in-law, and any other relative by consanguinity or affinity within the sixth civil degree, or person who is a companion or employee of the judge and who lives in the judges household. (Definitions, Bangalore Draft) Constant company with a lawyer tends to breed intimacy and camaraderie to the point that favors in the future may be asked from respondent judge which he may find hard to resist. The actuation of respondent Judge of eating and drinking in public places with a lawyer who has pending cases in his sala may well arouse suspicion in the public mind, thus tending to erode the trust of the litigants in the impartiality of the judge. (Padilla v. Zantua, 237 SCRA 670 (1994)) Sec. 5. Judges shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to be free therefrom to a reasonable observer. While it is true that Justice Sabio could not have possibly known prior to his brother's call that his
Sec. 6. Judges shall be independent in relation to society in general and in relation to the particular parties to a dispute which he or she has to adjudicate. [Respondents] act of sending a member of his staff to talk with complainant and show copies of his draft decisions, and his act of meeting with litigants outside the office premises beyond office hours violate the standard of judicial conduct required to be observed by members of the Bench. (Tan v. Rosete, A.M. No. MTJ-041563, September 8, 2004) Sec. 7. Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and enhance the institutional and operational independence of the judiciary. Sec. 8. Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the judiciary which is fundamental to the maintenance of judicial independence. [A judge] should always be imbued with a high sense of duty and responsibility in the discharge of his obligation to promptly and properly administer justice. He must view himself as a priest for the administration of justice is akin to a religious crusade. (Dimatulac et al v. Villon, 297 SCRA 679)
LEGAL ETHICS
Sec. 2. In performing judicial duties, Judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently.
brother intended to speak to him about the Meralco-GSIS case, the fact remains that Justice Sabio continued to entertain a call from his brother, who also happens to be an officer of the executive branch, despite realizing that the conversation was going to involve a pending case. Justice Sabio asks the Court if he should have immediately slammed the phone on his brother. Certainly, such boorish behavior is not required. However, as soon as Justice Sabio realized that his brother intended to discuss a case pending before him or in his division, Justice Sabio should have respectfully but firmly ended the discussion.That Justice Sabio did not do as his brother asked is of no moment. Section 5, Canon 1 of the Code of Judicial Conduct maintains such a high bar of ethical conduct that actual influence is not a prerequisite before a violation is deemed committed. If a magistrate's actions allow even just the appearance of being influenced, it is deemed a violation. (Re: Letter of Presiding Justice Conrado M. Vasquez, Jr. A.M. No. 08-811-CA)
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II. Integrity
CANON 2 INTEGRITY IS ESSENTIAL NOT ONLY TO THE PROPER DISCHARGE OF THE JUDICIAL OFFICE BUT ALSO TO THE PERSONAL DEMEANOR OF JUDGES.
MEMORY AID FOR SECTIONS UNDER CANON 2: Conduct above reproach (Sec. 1) Reaffirm peoples faith (Sec. 2) Disciplinary action (Sec. 3)
Sec. 1. 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. Respondent judge was also at fault for his shortness of temper and impatience, contrary to the duties and restriction imposed upon him by reason of his office. He failed to observe the proper decorum expected of judicial officers. Judicial officers are given contempt powers so that they can remind counsels of their duties in court without being arbitrary, unreasonable or unjust. Respondent should have cited the complainant in contempt of court instead of throwing tantrums by banging his gavel loudly and unceremoniously walking out of the courtroom. Although respondent had a valid explanation for carrying a gun, his act of carrying it in plain view of the lawyers (including the complainant) and considering what just happened, cannot be taken as an innocent gesture. It was calculated to instill fear and intimidate the complainant. Respondent's behavior constitutes grave misconduct. A judge's conduct should be free from the appearance of impropriety not only in his official duties but in his everyday life. One who lives by the precept that might is right is unworthy to be a judicial officer. (Romero v. Valle (1987)) Sec. 2. The behavior and conduct of judges must reaffirm the people's faith in the integrity of the judiciary. Justice must not merely be done but must also be seen to be done. A judge must be free of a whiff of impropriety not only with respect to his performance of his judicial duties, but also to his behavior outside his sala and as a private individual. There is no dichotomy of morality: a public official is also judged by his private morals. (Castillo v. Calanog (1991)) Ignorance of the law is a mark of incompetence When the inefficiency springs from a failure to consider so basic and elemental a rule, a law or
Sec. 3. Judges should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware.
III. Impartiality
CANON 3 IMPARTIALITY IS ESSENTIAL TO THE PROPER DISCHARGE OF THE JUDICIAL OFFICE. IT APPLIES NOT ONLY TO THE DECISION ITSELF BUT ALSO TO THE PROCESS BY WHICH THE DECISION IS MADE.
MEMORY AID FOR SECTIONS UNDER CANON 3: Judicial duties free from bias (Sec. 1) Promote confidence, impartiality (Sec. 2) Minimize instances of disqualification (Sec. 3) Public comments pending and impending case (Sec. 4) Disqualifications (Sec. 5) Remittal of disqualifications (Sec. 6)
Sec. 1. Judges shall perform their judicial duties without favor, bias or prejudice. To sustain a claim of bias or prejudice, the resulting opinion must be based upon an extrajudicial source: that is, some influence other than the facts and law presented in the courtroom. In the United States, this is known as the Extra-Judicial Source Rule. Sec. 2. Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and of the judiciary. In disposing of a criminal case, a judge should avoid appearing like an advocate for either party. It is also improper for the judge to push actively for amicable settlement against the wishes of the complainant. A judges unwelcome persistence makes the judge vulnerable to suspicions of favoritism. Sec. 3. Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on which it will be necessary for them
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principle in the discharge of his duties, a judge is either too incompetent and undeserving of the position and title he holds, or he is too vicious that the oversight or omission was deliberately done in bad faith and in grave abuse of judicial authority. In both instances, the judge's dismissal is in order. (Macalintal v. Teh, 280 SCRA 623)
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to be disqualified from hearing or deciding cases. The majority view is that the rule of disqualification of judges must yield to demands of necessity. Simply stated, the rule of necessity means that a judge is not disqualified to sit in a case if there is no other judge available to hear and decide the case. For example, members of the Supreme Court were entitled to adjudicate the validity of a statue placing a limit of 5 percent in the costs of living increase for judges, where it was apparent that all state judges had at least an involuntarily financial interest in the case Actual disqualification of a member of a court of last resort will not excuse the member from performing his official duty if failure to do so would result in a denial of a litigant's constitutional right to have a question, properly presented the court, adjudicated. In other words, when all judges would be disqualified, disqualification will not be permitted to destroy the only tribunal with power in the premises. The doctrine operates on the principle that a basic judge is better than no judge at all. Under such circumstances, it is the duty of the disqualified judge to hear and decide the controversy, however disagreeable it may be. (Parayno v. Meneses, 231 SCRA 807) Sec. 4. Judges shall not knowingly, while a proceeding is before, or could come before, them make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process. Nor shall judges make any comment in public or otherwise that might affect the fair trial of any person or issue. Sec. 5. Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. Such proceedings include, but are not limited to, instances where: o The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings; o The judge previously served as a lawyer or was a material witness in the matter in controversy; o The judge, or a member of his or her family, has an economic interest in the outcome of the matter in controversy; o The judge served as executor, administrator, guardian, trustee or lawyer in the case or
o o
matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein; The judge's ruling in a lower court is the subject of review; The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within the fourth civil degree; or The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings
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LEGAL ETHICS
GROUNDS FOR DISQUALIFICATION AND INHIBITION OF JUDGES UNDER THE RULES OF COURT Mandatory or Compulsory Disqualification (Rule 131, ROC) 1) He or his wife or his child is pecuniarily interested as heir, legatee, creditor or otherwise; 2) Relation to either party within the sixth degree of consanguinity or affinity or to counsel within the 4th civil degree 3) When he has been an executor, guardian, administrator, trustee or counsel; 4) When he has presided in an inferior court where his ruling or decision is subject to review. Voluntary Inhibition A judge may, in the exercise of his sound discretion disqualify himself, for just and valid reasons other than those mentioned above. (Rule 137, Section 1) This leaves the discretion to the judge to decide for himself questions as to whether he will desist from sitting in case for other just and valid reasons with only his conscience to guide him, unless he cannot discern for himself his inability to meet the test of the cold neutrality required of him, in which event the appellate court will see to it that he disqualifies himself. A decision to disqualify himself is not conclusive and his competency may be determined on application for mandamus to compel him to act. Judges decision to continue hearing a case in which he is not legally prohibited from trying notwithstanding challenge to his objectivity may not constitute reversible error. The filing of an administrative case against a judge does not disqualify him from hearing a
Chapter IV. CODE OF JUDICIAL CONDUCT Form associations (Sec. 12) Gifts, Requests, Loans (Sec. 13) Gifts, Requests, Loans by staff (Sec. 14) Permissible tokens and awards (Sec. 15)
Basis
DISQUALIFICATION Specific and exclusive
Role of the judicial officer
Judicial officer has no discretion to sit or try the case
INHIBITION No specific grounds BUT there is a broad basis for such, i.e., good, sound ethical grounds The matter is left to the sound discretion of the judge
Sec. 1. Judges shall avoid impropriety and the appearance of impropriety in all of their activities. Whatever the motive may have been, the violent action of the respondent in a public place constitutes serious misconduct and the resultant outrage of the community (Arban v. Borja (1989)) It was highly improper for a judge to have wielded a high-powered firearm in public and besieged the house of a perceived defamer of character and honor in warlike fashion and berated the object of his ire, with his firearm aimed at the victim (Saburnido v. Madrono, Sept. 26, 2001) Sec. 2. As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges shall conduct themselves in a way that is consistent with the dignity of the judicial office. Sec. 3. Judges shall, in their personal relations with individual members of the legal profession who practice regularly in their court, avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or partiality. Sec. 4. Judges shall not participate in the determination of a case in which any member of their family represents a litigant or is associated in any manner with the case. This rule rests on the principle that no judge should preside in a case in which the judge is not wholly free, disinterested, impartial and independent. A judge has both the duty of rendering a just decision and the duty of doing it in a manner completely free from suspicion as to fairness and integrity. The purpose is to preserve the peoples faith and confidence in the courts of justice. (PhilJa) Sec. 5. Judges shall not allow the use of their residence by a member of the legal profession to receive clients of the latter or of other members of the legal profession. While judges are not expected to live a hermitlike existence or cease functioning as citizens of the Republic, they should remember that they
Sec. 6. A judge disqualified as stated above may, instead of withdrawing from the proceeding, disclose on the records the basis of disqualification. If, based on such disclosure, the parties and lawyers independently of the judge's participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings. Rules followed by the American Bar Association: o Each step must be strictly followed. Any deviation renders the waiver invalid. For example, the judge must affirmatively disclose facts that might be grounds for disqualification. o In some jurisdictions, the judge must obtain a waiver from both lawyers and parties. Waivers by lawyers alone will not suffice.
IV. Propriety
CANON 4 PROPRIETY AND THE APPEARANCE OF PROPRIETY ARE ESSENTIAL TO THE PERFORMANCE OF ALL THE ACTIVITIES OF A. JUDGE.
MEMORY AID FOR SECTIONS UNDER CANON 4: Avoidance of Impropriety (Sec. 1) Acceptance of Personal Restrictions (Sec. 2) Avoidance of Controversy (Sec. 3) Not participate in cases where he may be impartial (Sec. 4) Not allow the use of his residence by other lawyers (Sec. 5) Freedom of Expression (Sec. 6) Be informed of his financial interests (Sec. 7) Influence of Judicial Conduct (Sec. 8) Confidential Information (Sec. 9) Engage in other activities (Sec. 10) Practice of Profession (Sec. 11)
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case. The court has to be shown other than the filing of administrative complaint, act or conduct of judge indicative of arbitrariness or prejudice before the latter being branded as the stigma of being biased or partial. (Lorenzo v. Marquez (1988))
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Sec. 6. Judges, like any other citizen, are entitled to freedom of expression, belief, association and assembly, but in exercising such rights, they shall always conduct themselves in such a manner as to preserve the dignity of the judicial office and the impartiality and independence of the judiciary. Sec. 7. Judges shall inform themselves about their personal fiduciary financial interests and shall make reasonable efforts to be informed about the financial interests of members of their family. Sec. 8. Judges shall not use or lend the prestige of the judicial office to advance their private interests, or those of a member of their family or of anyone else, nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties.
TICKET-FIXING Misconduct in which judges impermissibly take advantage of their position to avoid traffic violations.
This rule also recognizes the difference between membership in associations of judges and membership in associations of other legal professionals. While attendance at lavish events hosted by lawyers might create an appearance of impropriety, participation in a judges-only organizations does not. (PhilJa) Sec. 13. Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties. Receiving money from a party litigant is the kind of gross and flaunting misconduct on the part of the judge, who is charged with the responsibility of administering the law and rendering justice. (Ompoc v. Torre (1989)) Sec. 14. Judges shall not knowingly permit court staff or others subject to their influence, direction or authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done in connection with their duties or functions. Sec. 15. Subject to law and to any legal requirements of public disclosure, judges may receive a token gift, award or benefit as appropriate to the occasion on which it is made provided that such gift, award or benefit might not reasonably be perceived as intended to influence the judge in the performance of judicial duties or otherwise give rise to an appearance of partiality. GENERAL RULE: Judges and members of their families cannot accept gifts, etc. EXCEPTION: Subject to legal requirements like public disclosure, may accept gifts provided that it might not reasonably be perceived as intended to influence judge. Section 7(d) of R.A. 6713 allows the following: 1) Gift of nominal value tendered and received as a souvenir or mark of courtesy 2) Scholarship or fellowship grant or medical treatment 3) Travel grants or expenses for travel taking place entirely outside the Philippines (such as allowances, transportation, food and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interest of the Philippines, and permitted
Sec. 9. Confidential information acquired by judges in their judicial capacity shall not be used or disclosed by for any other purpose related to their judicial duties. Sec. 10. Subject to the proper performance of judicial duties, judges may o Write, lecture, teach and participate in activities concerning the law, the legal system, the administration of justice or related matters; o Appear at a public hearing before an official body concerned with matters relating to the law, the legal system, the administration of justice or related matters; o Engage in other activities if such activities do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties. Sec. 11. Judges shall not practice law whilst the holder of judicial office.
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do not disrobe themselves of their judicial office upon leaving their salas. In the exercise of their civil liberties, they should be circumspect and ever mindful that their continuing commitment to upholding the judiciary and its values places upon them certain implied restraints to their freedom. (Sison v. Caoibes, Jr. A.M. No. RTJ-03-1771, May 27 2004)
Sec. 12. Judges may form or join associations of judges or participate in other organizations representing the interests of judges.
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by the head office, branch or agency to which the judge belongs.
persons concerned, in a matter before the judge, on any irrelevant ground. Sec. 5. Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in proceedings and may be the subject of legitimate advocacy.
Women appearing as witnesses or litigants have found themselves subjected to inappropriate, overly familiar and demeaning forms of address, comments on their personal appearance, sexist remarks, jokes and unwelcome advances. As courts are expected to ensure equality, any lawyer who makes an insensitive or demeaning comment in court should be admonished. (PhilJa)
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LEGAL ETHICS
V. Equality
CANON 5 - ENSURING EQUALITY OF TREATMENT TO ALL BEFORE THE COURTS IS ESSENTIAL TO THE DUE PERFORMANCE OF THE JUDICIAL OFFICE.
MEMORY AID FOR SECTIONS UNDER CANON 5 Understand the diversity in society (Sec. 1) Not to manifest bias or prejudice (Sec. 2) Not to differentiate (Sec. 3) Not to influence staff (Sec. 4) Attitude to parties appearing in court (Sec. 5)
This is a new Canon not found in the previous two Philippine Codes of Judicial Conduct. It expands the measures to promote equality required by international human rights agreements. Those agreements advocate a universal application of law and nondiscrimination between the sexes. (PhilJa) Sec. 1. Judges shall be aware of, and understand, diversity in society and differences arising from various sources, including but not limited to race, color, sex, religion, national origin, caste, disability, age, marital status, sexual orientation, social and economic status and other like causes. Sec. 2. Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds. Rule 137, Sec. 1 of the Rules of Court expressly states that no judge shall sit in any case which he has been counsel (for a party) without the written consent of all parties in interest, signed by them and entered upon the record. The prohibition is not limited to cases in which a judge hears the evidence but includes as well cases where he acts by resolving motions, issuing orders and the like. (In Re Judge Rojas (1998)) Sec. 3. Judges shall carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties. Sec. 4. Judges shall not knowingly permit court staff or others subject to his or her influence, direction or control to differentiate between
The action of the judge in seizing the witness, Alberto Angel, by the shoulder and turning him about was unwarranted and an interference with that freedom from unlawful personal violence to which every witness is entitled while giving testimony in a court of justice. Against such conduct the appellant had the right to protest and to demand that the incident be made a matter of record. That he did so was not contempt, providing protest and demand were respectfully made and with due regard for the dignity of the court. (In Re: Aguas (1901))
VI. Competence and Diligence

CANON. 6 - COMPETENCE AND DILIGENCE ARE PREREQUISITES TO THE DUE PERFORMANCE OF JUDICIAL OFFICE.
MEMORY AID FOR SECTIONS UNDER CANON 6 Duties take precedence (Sec. 1) Perform administrative duties (Sec. 2) Maintain professional competence (Sec. 3) Be informed about the law (Sec. 4) Prompt decision making (Sec. 5) Maintain order in proceedings (Sec. 6) Not to engage in conduct contrary to duties (Sec. 7)
Sec. 1. The judicial duties of a judge take precedence over all other activities. Sec. 2. Judges shall devote their professional activity to judicial duties, which include not only the performance of judicial functions and responsibilities in court and the making of decisions, but also other tasks relevant to the judicial office or the court's operations. In the instant case, respondent judge impeded the speedy disposition of cases by his successor
on account of missing records of cases. This fact reflects an inefficient and disorderly system in the recording of cases assigned to his sala. Proper and efficient court management is as much the judge's responsibility for the Court personnel are not the guardians of a Judge's responsibilities. A judge is expected to ensure that the records of cases assigned to his sala are intact. There is no justification for missing records save fortuitous events. The loss of not one but eight records is indicative of gross misconduct and inexcusable negligence unbecoming of a judge. (Longboan v. Polig (1990)) Sec. 3. Judges shall take reasonable steps to maintain and enhance their knowledge, skills and personal qualities necessary for the proper performance of judicial duties, taking advantage for this purpose of the training and other facilities which should be made available, under judicial control, to judges. Even in the remaining years of his stay in the judiciary, he should keep abreast with the changes in the law and with the latest decisions and precedents. Although a judge is nearing retirement, he should not relax in his study of the law and court decisions. (Abad v. Bleza (1986)) The established doctrine and policy is that disciplinary proceedings and criminal actions against Judges are not complementary or suppletory of, nor a substitute for, these judicial remedies, whether ordinary or extraordinary. Resort to and exhaustion of these judicial remedies are prerequisites for the taking of other measures against the persons of the judges concerned. It is only after the available judicial remedies have been exhausted and the appellate tribunals have spoken with finality that the door to an inquiry into his criminal, civil, or administrative liability may be said to have opened, or closed. (Maquiran v. Grageda, 451 SCRA 15 (2005)) Sec. 4. Judges shall keep themselves informed about relevant developments of international law, including international conventions and other instruments establishing human rights norms. Sec. 5. Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness.
Sec. 7. Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties. By issuing orders indefinitely postponing the hearing of election protest, the judge in De la Cruz v. Pascua manifested inefficiency in the disposition of an election protest case and thus overtly transgressed basic mandatory rules for expeditious resolution of cases. (De la Cruz v. Pascua, 359 SCRA 568 (2001))
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Sec. 6. Judges shall maintain order and decorum in all proceedings before the court and be patient, dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the judge deals in an official capacity. Judges shall require similar conduct of legal representatives, court staff and others subject to their influence, direction or control.
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Chapter V. DISCIPLINE OF JUDGES
Chapter V. Discipline of Judges

I. II. LIABILITIES OF JUDGES DISCIPLINE OF MEMBERS OF THE BENCH
I.
Liabilities of Judges
Statutory Basis
1987 Constitution, Art. VIII, Section 11. The members of the Supreme Court and judges of lower courts shall hold office during a good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.
Inefficiency implies negligence, ignorance and carelessness. A judge would be inexcusably negligent if he failed to observe in the performance of his duties that diligence, prudence and circumspection which the law requires in the rendition of any public service. (In re: Climaco, 55 SCRA 107)
II. Discipline of Members of the Bench

GROUNDS 1) Serious misconduct 2) Inefficiency Instances of Serious Misconduct Which Merited Discipline by the Supreme Court: o Failure to deposit funds with the municipal treasurer or produce them despite his promise to do so (Montemayor v. Collado, 107 SCRA 258). Misappropriation of fiduciary funds (proceeds of cash bail bond) by depositing the check in his personal account, thus converting the trust fund into his own use (Barja v. Beracio, 74 SCRA 355). Extorting money from a party-litigant who has a case before his court (Haw Tay v. Singayao, 154 SCRA 107). Solicitation of donation for office equipment (Lecaroz v. Garcia). Frequent unauthorized absences in office (Municipal Council of Casiguruhan, Quezon v. Morales, 61 SCRA 13).
GENERAL RULE: A judge is not liable administratively, civilly or criminally when he acts within his power and jurisdiction. This frees the judge from apprehension of personal consequences to himself and to preserve the integrity and independence of the judiciary. EXCEPTION: Serious misconduct; inefficiency; gross and patent, or deliberate and malicious error; bad faith
MISCONDUCT Wrongful intention and not mere error in judgment (Raquiza vs. Castaneda, 82 SCRA 235) SERIOUS MISCONDUCT Exists when the judicial act complained of is corrupt or inspired by an intention to violate the law or a persistent disregard of well-known legal rules. (Galangi v. Macli-ing, Adm. Matter No. 75-DJ, Jan. 17, 1978) SERIOUS INEFFICIENCY An example is negligence in the performance of duty, if reckless in character (Lapena v. Collado, 76 SCRA 82) ERROR OR IGNORANCE OF LAW Error or mistake must be gross or patent, malicious, deliberate or in bad faith. Must act fraudulently, corruptly or with gross ignorance. Caveat: Not every error or mistake of a judge in the performance of his duties makes him liable. To hold the judge administratively accountable for every erroneous ruling or decision he renders, assuming he has erred, would be nothing short of harassment and would make his position unbearable. (Secretary of Justice v. Marcos, 76 SCRA 301)
o o
Instances of Gross Inefficiency Which Merited Discipline by the Supreme Court o Delay in the disposition of cases in violation of the Canon that a judge must promptly dispose of all matters submitted to him. With or without the transcripts of stenographic notes, the 90-day period for deciding cases or resolving motions must be adhered to (Balagot v. Opinion, 195 SCRA 429). Unduly granting repeated motions for postponement of a case (Araza v. Reyes, 64 SCRA 347).
Misconduct implies malice or a wrongful intent, not a mere error of judgment. For serious
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misconduct to exist, there must be a reliable evidence showing that the judicial acts complained of were corrupt or were inspired by an intention to violate the law, or were in persistent disregard of well-known legal rules. (In re: Impeachment of Horilleno, 43 Phil. 212)
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Chapter V. DISCIPLINE OF JUDGES
Reducing to a ridiculous amount (P6,000.00) the bail bond of the accused in a murder case thus enabling him to escape the toils of the law (Soriano v. Mabbayad, 67 SCRA 385). Imposing the penalty of subsidiary imprisonment on a party for failure to pay civil imdemnity in violation of R.A. 5465 (Monsanto v. Palarca, 126 SCRA 45).
CONDUCT: Administrative cases against lower court judges and justices are automatically treated as disbarment cases Quantum of evidence reasonable doubt. required: Beyond
Rules for evidence: Same rules as in criminal trials EFFECT OF WITHDRAWAL, DESISTANCE, RETIREMENT OR PARDON The withdrawal of the case by the complainant, or the filing of an affidavit of desistance or the complainants loss of interest does not necessarily cause the dismissal thereof. REASON: To condition administrative actions upon the will of every complainant who for one reason or another, condones a detestable act is to strip the Supreme Court of its supervisory power to discipline erring members of the judiciary. (Anguluan v. Taguba, 93 SCRA 179) Desistance will not justify the dismissal of an administrative case if the records will reveal that the judge had not performed his duties. (Espayos v. Lee, 89 SCRA 478)
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Unawareness of or unfamiliarity with the application of the Indeterminate Sentence Law and the duration and graduation of penalties (In re: Paulin, 101 SCRA 605).
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ANNEXES
Annexes
INDIGENT CLIENTS A. A.M. NO. 04-2-04-SC B. RA 6033 C. RA 6034 D. RA 6035 E. PD 543 F. A.M. No. 08-11-7-SC (IRR): SPECIAL LAW ON RETIRED JUSTICE AND JUDGES A. RA 910 LAW ON OBSTRUCTION OF JUSTICE A. PD 1829
thousand (P300,000.00) pesos shall exempt from the payment of legal fees.
be
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The legal fees shall be a lien on any judgment rendered in the case favorable to the indigent litigant unless the court otherwise provides. To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, and they do not own any real property with the fair value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigants affidavit. The current tax declaration, if any, shall be attached to the litigants affidavit. Any falsity in the affidavit of litigant or disinterested person shall be sufficient cause to dismiss the complaint or action or to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred. (16a) B. RA 6033 REPUBLIC ACT No. 6033 AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL CASES WHERE THE PARTY OR PARTIES INVOLVE ARE INDIGENTS. Section 1. Any provision of existing law to be contrary notwithstanding and with the exception of habeas corpus and election cases and cases involving detention prisoners, and persons covered by Republic Act Numbered Four thousand nine hundred eight, all courts shall give preference to the hearing and/or disposition of criminal cases where an indigent is involved either as the offended party or accused. The trial in these cases shall commence within three days from date of arraignment and no postponement of the hearings shall be granted except on the ground of illness of the accused or other similar justifiable grounds. City and provincial fiscals and courts shall forthwith conduct the preliminary investigation of a criminal case involving an indigent within three days after its filing and shall terminate the same within two weeks. Section 2. As used in this Act, the term "indigent" shall refer to a person who has no visible means of income or whose income is insufficient for the subsistence of his family, to be determined by the fiscal or judge, taking into
Indigent Clients
A. A.M. No. 04-2-04-SC RE: PROPOSED REVISION OF RULE 141 REVISED RULES OF COURT LEGAL FEES RESOLUTION Acting on the recommendation of the Chairman of the Committee on Revision of the Rules of Court submitting for this Courts consideration and approval the Proposed Revision of Rule 141 of the Revised Rules of Court on Legal Fees, the Court Resolved to APPROVE the same. This Resolution shall take effect on August 16, 2004 following its publication in two (2) newspapers of general circulation not later than July 31, 2004. July 20, 2004. (Sgd.) Davide Jr. C.J., Puno, Panganiban, Quisumbing Ynares-Santiago, SandovalGutierrez, Carpio, Austria-Martinez, CarpioMorales, Callejo, Sr., Azcuna, Tinga and ChinoNazario, JJ. Carpio, J., on leave. RULE 141 LEGAL FEES SEC. 19. Indigent litigants exempt from payment of legal fees. Indigent litigants (a) whose gross income and that of their immediate family do not exceed an amount double the monthly minimum wage of an employee and (b) who do not own real property with A FAIR MARKET VALUE AS STATED IN THE CURRENT TAX DECLARATION of more than THREE hundred
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account the members of his family dependent upon him for subsistence. Section 3. An indigent who is the offended party, respondent or an accused in a criminal case and who desires to avail of the preference granted under this Act shall file a sworn statement of the fact of his being indigent and the said sworn statement shall be sufficient basis for the court or fiscal to give preference to the trial and disposition of such criminal case. Section 4. Any willful or malicious refusal on the part of any fiscal or judge to carry out the provisions of this Act shall constitute sufficient ground for disciplinary action which may include suspension or removal. Section 5. This Act shall take effect upon its approval. Approved: August 4, 1969. C. RA 6034 REPUBLIC ACT No. 6034 AN ACT PROVIDING TRANSPORTATION AND OTHER ALLOWANCES FOR INDIGENT LITIGANTS. Section 1. Any provision of existing law to the contrary notwithstanding, any indigent litigant may, upon motion, ask the Court for adequate travel allowance to enable him and his indigent witnesses to attendant the hearing of a criminal case commenced by his complaint or filed against him. The allowance shall cover actual transportation expenses by the cheapest means from his place of residence to the court and back. When the hearing of the case requires the presence of the indigent litigant and/or his indigent witnesses in court the whole day or for two or more consecutive days, allowances may, in the discretion of the Court, also cover reasonable expenses for meal and lodging. For the purpose of this Act, indigent litigants shall include anyone who has no visible means of income or whose income is insufficient for his family as determined by the Court under Section 2, hereof. Section 2. If the court determines that the petition for transportation allowance is meritorious, said court shall immediately issue an order directing the provincial, city or municipal treasurer to pay the indigent litigant the travel allowance out of any funds in his possession and proceed without delay to the trial of the case. The provincial, city or municipal treasurer shall hold any such payments as cash
items until government.
reimbursed
by
the
national
Section 3. All payments of travel allowances made by provincial, city and municipal treasurer under this Act as of October 31 each year, shall be transmitted to the Commissioner of the Budget not later than November 30 each year for inclusion in the annual General Appropriations Act. The necessary sum is hereby authorized to be appropriated out of the funds in the National Treasury not otherwise appropriated. Section 4. This Act shall take effect upon its approval. Approved: August 4, 1969. D. RA 6035 REPUBLIC ACT No. 6035 AN ACT REQUIRING STENOGRAPHERS TO GIVE FREE TRANSCRIPT OF NOTES TO INDIGENT AND LOW INCOME LITIGANTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Section 1. A stenographer who has attended a hearing before an investigating fiscal or trial judge or hearing commissioner of any quasijudicial body or administrative tribunal and has officially taken notes of the proceeding thereof shall, upon written request of an indigent or low income litigant, his counsel or duly authorized representative in the case concerned, give within a reasonable period to be determined by the fiscal, judge, commissioner or tribunal hearing the case, a free certified transcript of notes take by him on the case. Section 2. A litigant who desires to avail himself of the privilege granted under Section one hereof shall, at the investigation, hearing, or trial, establish his status as an indigent or low income litigant and the investigating fiscal or judge or commissioner or tribunal hearing the case shall resolve the same in the same proceeding. For the purpose of this Act, an "indigent or low income litigant" shall include anyone who has no visible means of support or whose income does not exceed P300 per month or whose income even in excess of P300 per month is insufficient for the subsistence of his family, which fact shall be determined by the investigating fiscal or trial judge or commissioner or tribunal hearing the case taking into account the number of the members of his family dependent upon him for subsistence.
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Section 3. Any stenographer who, after due hearing in accordance with the pertinent provisions of Republic Act No. 2260, as amended, has been found to have violated the provisions of Section one of this Act or has unreasonable delayed the giving of a free certified transcript of notes to an indigent or low income litigant shall be subject to the following disciplinary actions: (a) suspension from office for a period not exceeding thirty (30) days upon finding of guilt for the first time; (b) suspension from office for not less than thirty (30) days and not more than sixty (60) days upon finding of guilt for the second time; and (c) removal from office upon finding of guilt for the third time. Section 4. This Act shall apply to all indigent or low income litigants who, at the time of its approval, have pending cases in any fiscal office, court, or quasi-judicial body or administrative tribunal. Section 5. The Department of Justice shall prescribe such rules and regulations as may be necessary to carry out the purposes of this Act, and the Department Head concerned shall provide the necessary supplies and authorize the use of government equipment by the stenographers concerned. Section 6. This Act shall take effect upon its approval. Approved: August 4, 1969. E. PD 543 PRESIDENTIAL DECREE No. 543 August 21, 1974 AUTHORIZING THE DESIGNATION OF MUNICIPAL JUDGES AND LAWYERS IN ANY BRANCH OF THE GOVERNMENT SERVICE TO ACT AS COUNSEL DE OFICIO FOR THE ACCUSED WHO ARE INDIGENT IN PLACES WHERE THERE ARE NO AVAILABLE PRACTICING ATTORNEYS WHEREAS, under existing law, Municipal Judges and other lawyers in the government service are prohibited from practicing law; WHEREAS, there are some places where there are no available legal practitioners, as a result of which the trial of cases in court is delayed to the prejudice particularly of detention prisoners; WHEREAS, for the protection of the rights of the accused who cannot afford to hire lawyers from
other places and to prevent miscarriage of justice, it is necessary that they be provided with counsel; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution as commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated September 22, 1972, as amended, do hereby order and decree as follows: Section 1. Designation of Municipal Judges and lawyers in any branch of the government service, as counsel de oficio. In places where there are no available practicing lawyers, the District Judge or Circuit Criminal Court Judge shall designate a municipal judge or a lawyer employed in any branch, subdivision or instrumentality of the government within the province, as counsel de oficio for an indigent person who is facing a criminal charge before his court, and the services of such counsel de oficio shall be duly compensated by the Government in accordance with Section thirtytwo, Rule One Hundred Thirty Eight of the Rules of Court. If the criminal case wherein the services of a counsel de oficio are needed is pending before a City or municipal court, the city or municipal judge concerned shall immediately recommend to the nearest District Judge the appointment of a counsel de oficio, and the District Judge shall forthwith appoint one in accordance with the preceding paragraph. For purposes of this Decree an indigent person is anyone who has no visible means of support or whose income does not exceed P300 per month or whose income even in excess of P300 is insufficient for the subsistence of his family, which fact shall be determined by the Judge in whose court the case is pending, taking into account the number of the members of his family dependent upon him for subsistence. Section 2. Repealing Clause. All laws and decrees inconsistent with this Decree are hereby repealed. Section 3. Effectivity. This Decree shall take effect immediately. DONE in the City of Manila, this 21st day of August, in the year of Our Lord, nineteen hundred and seventy-four.
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F. A.M. No. 08-11-7-SC (IRR) A.M. No. 08-11-7-SC (IRR) September 10, 2009 Re: Rule on the Exemption From the Payment of Legal Fees of the Clients of the National Committee on Legal Aid and of the Legal Aid Offices in the Local Chapters of the Integrated Bar of the Philippines Rule on the Exemption From the Payment of Legal Fees of the Clients of the National Committee on Legal Aid (NCLA) and of the Legal Aid Offices in the Local Chapters of the Integrated Bar of the Philippines (IBP) ARTICLE I Purpose Section 1. Purpose. This Rule is issued for the purpose of enforcing the right of free access to courts by the poor guaranteed under Section 11, Article III of the Constitution. It is intended to increase the access to justice by the poor by exempting from the payment of legal fees incidental to instituting an action in court, as an original proceeding or on appeal, qualified indigent clients of the NCLA and of the legal aid offices in local IBP chapters nationwide. ARTICLE II Definition of Terms Section 1. Definition of important terms. For purposes of this Rule and as used herein, the following terms shall be understood to be how they are defined under this Section: (a) "Developmental legal aid" means the rendition of legal services in public interest causes involving overseas workers, fisherfolk, farmers, laborers, indigenous cultural communities, women, children and other disadvantaged groups and marginalized sectors; (b) "Disinterested person" refers to the punong barangay having jurisdiction over the place where an applicant for legal aid or client of the NCLA or chapter legal aid office resides; (c) "Falsity" refers to any material misrepresentation of fact or any fraudulent, deceitful, false, wrong or misleading statement in the application or affidavits submitted to support it or the affidavit of a disinterested person required to be submitted annually under this Rule which may substantially affect the determination of the qualifications of the applicant or the client under the means and merit tests; (d) "Legal fees" refers to the legal fees imposed under Rule 141 of the Rules of Court as a
necessary incident of instituting an action in court either as an original proceeding or on appeal. In particular, it includes filing or docket fees, appeal fees, fees for issuance of provisional remedies, mediation fees, sheriffs fees, stenographers fees (that is fees for transcript of stenographic notes) and commissioners fees; (e) "Means test" refers to the set of criteria used to determine whether the applicant is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family; (f) "Merit test" refers to the ascertainment of whether the applicants cause of action or his defense is valid and whether the chances of establishing the same appear reasonable and (g) "Representative" refers to the person authorized to file an application for legal aid in behalf of the applicant when the said applicant is prevented by a compelling reason from personally filing his application. As a rule, it refers to the immediate family members of the applicant. However, it may include any of the applicants relatives or any person or concerned citizen of sufficient discretion who has first-hand knowledge of the personal circumstances of the applicant as well as of the facts of the applicants case. ARTICLE III Coverage Section 1. Persons qualified for exemption from payment of legal fees. Persons who shall enjoy the benefit of exemption from the payment of legal fees incidental to instituting an action in court, as an original proceeding or on appeal, granted under this Rule shall be limited only to clients of the NCLA and the chapter legal aid offices. The said clients shall refer to those indigents qualified to receive free legal aid service from the NCLA and the chapter legal aid offices. Their qualifications shall be determined based on the tests provided in this Rule. Section 2. Persons not covered by the Rule. The following shall be disqualified from the coverage of this Rule. Nor may they be accepted as clients by the NCLA and the chapter legal aid offices. (a) Juridical persons; except in cases covered by developmental legal aid or public interest causes involving juridical entities which are non-stock, non-profit organizations, nongovernmental organizations and peoples
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(b) (c) (d)
(e)
organizations whose individual members will pass the means test provided in this Rule; Persons who do not pass the means and merit tests; Parties already represented by a counsel de parte; Owners or lessors of residential lands or buildings with respect to the filing of collection or unlawful detainer suits against their tenants and Persons who have been clients of the NCLA or chapter legal aid office previously in a case where the NCLA or chapter legal aid office withdrew its representation because of a falsity in the application or in any of the affidavits supporting the said application.
Section 3. Cases not covered by the Rule. The NCLA and the chapter legal aid offices shall not handle the following: (a) Cases where conflicting interests will be represented by the NCLA and the chapter legal aid offices and (b) Prosecution of criminal cases in court. ARTICLE IV Tests of Indigency Section 1. Tests for determining who may be clients of the NCLA and the legal aid offices in local IBP chapters. The NCLA or the chapter legal aid committee, as the case may be, shall pass upon requests for legal aid by the combined application of the means and merit tests and the consideration of other relevant factors provided for in the following sections. Section 2. Means test; exception. (a) This test shall be based on the following criteria: (i) the applicant and that of his immediate family must have a gross monthly income that does not exceed an amount double the monthly minimum wage of an employee in the place where the applicant resides and (ii) he does not own real property with a fair market value as stated in the current tax declaration of more than Three Hundred Thousand (P300,000.00) Pesos. In this connection, the applicant shall execute an affidavit of indigency (printed at the back of the application form) stating that he and his immediate family do not earn a gross income abovementioned, nor own any real property with the fair value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the applicants affidavit. The latest income tax return and/or current tax declaration, if any, shall be attached to the applicants affidavit.
Section 3. Merit test. A case shall be considered meritorious if an assessment of the law and evidence at hand discloses that the legal service will be in aid of justice or in the furtherance thereof, taking into consideration the interests of the party and those of society. A case fails this test if, after consideration of the law and evidence presented by the applicant, it appears that it is intended merely to harass or injure the opposite party or to work oppression or wrong. Section 4. Other relevant factors that may be considered. The effect of legal aid or of the failure to render the same upon the rule of law, the proper administration of justice, the public interest involved in a given case and the practice of law in the locality shall likewise be considered. ARTICLE V Acceptance and Handling of Cases Section 1. Procedure in accepting cases. The following procedure shall be observed in the acceptance of cases for purposes of this Rule: (a) Filing of application An application shall be made personally by the applicant, unless there is a compelling reason which prevents him from doing so, in which case his representative may apply for him. It shall adhere substantially to the form made for that purpose. It shall be prepared and signed by the applicant or, in proper cases, his duly authorized representative in at least three copies. Applications for legal aid shall be filed with the NCLA or with the chapter legal aid committee. The NCLA shall, as much as possible, concentrate on cases of paramount importance or national impact. Requests received by the IBP National Office shall be referred by the NCLA to the proper chapter legal aid committee of the locality where the cases have to be filed or are pending. The chapter president and the chairman of the chapters legal aid committee shall be advised of such referral. (b) Interview The applicant shall be interviewed by a member of the chapter legal aid committee or any chapter member authorized by the chapter legal aid committee to determine the applicants
LEGAL ETHICS
(b) The means test shall not be applicable to applicants who fall under the developmental legal aid program such as overseas workers, fisherfolk, farmers, laborers, indigenous cultural communities, women, children and other disadvantaged groups.
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qualifications based on the means and merit tests and other relevant factors. He shall also be required to submit copies of his latest income tax returns and/or current tax declaration, if available, and execute an affidavit of indigency printed at the back of the application form with the supporting affidavit of a disinterested person attesting to the truth of the applicants affidavit.lawph!l After the interview, the applicant shall be informed that he can follow up the action on his application after five (5) working days. (c) Action on the application The chapter legal aid committee shall pass upon every request for legal aid and submit its recommendation to the chapter board of officers within three (3) working days after the interview of the applicant. The basis of the recommendation shall be stated. The chapter board of officers shall review and act on the recommendation of the chapter legal aid committee within two (2) working days from receipt thereof; Provided, however, that in urgent matters requiring prompt or immediate action, the chapters executive director of legal aid or whoever performs his functions may provisionally act on the application, subject to review by the chapter legal aid committee and, thereafter, by the chapter board of officers. The action of the chapter board of officers on the application shall be final. (d) Cases which may be provisionally accepted. In the following cases, the NCLA or the chapter legal aid office, through the chapters executive director of legal aid or whoever performs his functions may accept cases provisionally pending verification of the applicants indigency and an evaluation of the merit of his case. (i) Where a warrant for the arrest of the applicant has been issued; (ii) Where a pleading has to be filed immediately to avoid adverse effects to the applicant; (iii) Where an appeal has to be urgently perfected or a petition for certiorari, prohibition or mandamus filed has to be filed immediately; and (iv) Other similar urgent cases. (e) Assignment of control number Upon approval of the chapter board of officers of a persons application and the applicant is found to be qualified for legal assistance, the case shall be assigned a control number. The numbering shall be consecutive starting from January to December of every year.
The control number shall also indicate the region and the chapter handling the case. Example:
Region GM Chapter Manila Year 2009 Month 03 Number 099
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(f) Issuance of a certification After an application is approved and a control number duly assigned, the chapter board of officers shall issue a certification that the person (that is, the successful applicant) is a client of the NCLA or of the chapter legal aid office. The certification shall bear the control number of the case and shall state the name of the client and the nature of the judicial action subject of the legal aid of the NCLA or the legal aid office of a local IBP chapter. The certification shall be issued to the successful applicant free of charge. Section 2. Assignment of cases. After a case is given a control number, the chapter board of officers shall refer it back to the chapter legal aid committee. The chapter legal aid committee shall assign the case to any chapter member who is willing to handle the case. In case no chapter member has signified an intention to handle the case voluntarily, the chapter legal aid committee shall refer the matter to the chapter board of officers together with the names of at least three members who, in the chapter legal aid committees discretion, may competently render legal aid on the matter. The chapter board of officers shall appoint one chapter member from among the list of names submitted by the chapter legal aid committee. The chapter member chosen may not refuse the appointment except on the ground of conflict of interest or other equally compelling grounds as provided in the Code of Professional Responsibility, in which case the chapter board of officers shall appoint his replacement from among the remaining names in the list previously submitted by the chapter legal aid committee. The chapter legal aid committee and the chapter board of officers shall take the necessary measures to ensure that cases are welldistributed to chapter members. Section 3. Policies and guidelines in the acceptance and handling of cases. The following policies and guidelines shall be observed in the acceptance and handling of cases: (a) First come, first served Where both the complainant/plaintiff/petitioner and defendant/ respondent apply for legal aid
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(b)
(c)
(d)
(e)
(f)
and both are qualified, the first to seek assistance shall be given preference. Avoidance of conflict of interest Where acceptance of a case will give rise to a conflict of interest on the part of the chapter legal aid office, the applicant shall be duly informed and advised to seek the services of a private counsel or another legal aid organization. Where handling of the case will give rise to a conflict of interest on the part of the chapter member assigned to the case, the client shall be duly informed and advised about it. The handling lawyer shall also inform the chapter legal aid committee so that another chapter member may be assigned to handle the case. For purposes of choosing the substitute handling lawyer, the rule in the immediately preceding section shall be observed. Legal aid is purely gratuitous and honorary No member of the chapter or member of the staff of the NCLA or chapter legal aid office shall directly or indirectly demand or request from an applicant or client any compensation, gift or present for legal aid services being applied for or rendered. Same standard of conduct and equal treatment A chapter member who is tasked to handle a case accepted by the NCLA or by the chapter legal aid office shall observe the same standard of conduct governing his relations with paying clients. He shall treat the client of the NCLA or of the chapter legal aid office and the said clients case in a manner that is equal and similar to his treatment of a paying client and his case. Falsity in the application or in the affidavits Any falsity in the application or in the affidavit of indigency or in the affidavit of a disinterested person shall be sufficient cause for the NCLA or chapter legal aid office to withdraw or terminate the legal aid. For this purpose, the chapter board of officers shall authorize the handling lawyer to file the proper manifestation of withdrawal of appearance of the chapter legal aid office in the case with a motion for the dismissal of the complaint or action of the erring client. The court, after hearing, shall approve the withdrawal of appearance and grant the motion, without prejudice to whatever criminal liability may have been incurred. Violation of this policy shall disqualify the erring client from availing of the benefits of this Rule in the future. Statement in the initiatory pleading To avail of the benefits of the Rule, the initiatory
(g)
(h)
(i)
(j)
pleading shall state as an essential preliminary allegation that (i) the party initiating the action is a client of the NCLA or of the chapter legal aid office and therefore entitled to exemption from the payment of legal fees under this Rule and (ii) a certified true copy of the certification issued pursuant to Section 1(e), of this Article is attached or annexed to the pleading. Failure to make the statement shall be a ground for the dismissal of the action without prejudice to its refiling. The same rule shall apply in case the client, through the NCLA or chapter legal aid office, files an appeal. Attachment of certification in initiatory pleading A certified true copy of the certification issued pursuant to Section 1(e), of this Article shall be attached as an annex to the initiatory pleading. Failure to attach a certified true copy of the said certification shall be a ground for the dismissal of the action without prejudice to its refiling. The same rule shall apply in case the client, through the NCLA or chapter legal aid office, files an appeal. Signing of pleadings All complaints, petitions, answers, replies, memoranda and other important pleadings or motions to be filed in courts shall be signed by the handling lawyer and co-signed by the chairperson or a member of the chapter legal aid committee, or in urgent cases, by the executive director of legal aid or whoever performs his functions. Ordinary motions such as motions for extension of time to file a pleading or for postponement of hearing and manifestations may be signed by the handling lawyer alone. Motions for extension of time or for postponement The filing of motions for extension of time to file a pleading or for postponement of hearing shall be avoided as much as possible as they cause delay to the case and prolong the proceedings. Transfer of cases Transfer of cases from one handling lawyer to another shall be affected only upon approval of the chapter legal aid committee.
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Section 4. Decision to appeal. (a) All appeals must be made on the request of the client himself. For this purpose, the client shall be made to fill up a request to appeal. (b) Only meritorious cases shall be appealed. If the handling lawyer, in consultation with the chapter legal aid committee, finds that there is no merit to the appeal, the client should
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Section 5. Protection of private practice. Utmost care shall be taken to ensure that legal aid is neither availed of to the detriment of the private practice of law nor taken advantage of by anyone for purely personal ends. ARTICLE VI Withdrawal of Legal Aid and Termination of Exemption Section 1. Withdrawal of legal aid. The NCLA or the chapter legal aid committee may, in justifiable instances as provided in the next Section, direct the handling lawyer to withdraw representation of a clients cause upon approval of the IBP Board of Governors (in the case of the NCLA) or of the chapter board of officers (in the case of the chapter legal aid committee) and through a proper motion filed in Court. Section 2. Grounds for withdrawal of legal aid. Withdrawal may be warranted in the following situations: (a) In a case that has been provisionally accepted, where it is subsequently ascertained that the client is not qualified for legal aid; (b) Where the clients income or resources improve and he no longer qualifies for continued assistance based on the means test. For this purpose, on or before January 15 every year, the client shall submit an affidavit of a disinterested person stating that the client and his immediate family do not earn a gross income mentioned in Section 2, Article V, nor own any real property with the fair market value mentioned in the same Section; (c) When it is shown or found that the client committed a falsity in the application or in the affidavits submitted to support the application; (d) When the client subsequently engages a de parte counsel or is provided with a de oficio counsel; (e) When, despite proper advice from the handling lawyer, the client cannot be refrained from doing things which the lawyer himself ought not do under the ethics of the legal profession, particularly with reference to their conduct towards courts, judicial officers, witnesses and litigants, or the client insists on having control of the trial, theory of
Section 3. Effect of withdrawal. The court, after hearing, shall allow the NCLA or the chapter legal aid office to withdraw if it is satisfied that the ground for such withdrawal exists. Except when the withdrawal is based on paragraphs (b), (d) and (g) of the immediately preceding Section, the court shall also order the dismissal of the case. Such dismissal is without prejudice to whatever criminal liability may have been incurred if the withdrawal is based on paragraph (c) of the immediately preceding Section. ARTICLE VII Miscellaneous Provisions Section 1. Lien on favorable judgment. The amount of the docket and other lawful fees which the client was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides. In case, attorneys fees have been awarded to the client, the same shall belong to the NCLA or to the chapter legal aid office that rendered the legal aid, as the case may be. It shall form part of a special fund which shall be exclusively used to support the legal aid program of the NCLA or the chapter legal aid office. In this connection, the chapter board of officers shall report the receipt of attorneys fees pursuant to this Section to the NCLA within ten (10) days from receipt thereof. The NCLA shall, in turn, include the data on attorneys fees received by IBP chapters pursuant to this Section in its liquidation report for the annual subsidy for legal aid.1awphi1
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be immediately informed thereof in writing and the record of the case turned over to him, under proper receipt. If the client insists on appealing the case, the lawyer handling the case should perfect the appeal before turning over the records of the case to him.
the case, or strategy in procedure which would tend to result in incalculable harm to the interests of the client; (f) When, despite notice from the handling lawyer, the client does not cooperate or coordinate with the handling lawyer to the prejudice of the proper and effective rendition of legal aid such as when the client fails to provide documents necessary to support his case or unreasonably fails to attend hearings when his presence thereat is required; and (g) When it becomes apparent that the representation of the clients cause will result in a representation of conflicting interests, as where the adverse party had previously engaged the services of the NCLA or of the chapter legal aid office and the subject matter of the litigation is directly related to the services previously rendered to the adverse party.
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Section 2. Duty of NCLA to prepare forms. The NCLA shall prepare the standard forms to be used in connection with this Rule. In particular, the NCLA shall prepare the following standard forms: the application form, the affidavit of indigency, the supporting affidavit of a disinterested person, the affidavit of a disinterested person required to be submitted annually under Section 2(b), Article VI, the certification issued by the NCLA or the chapter board of officers under Section 1(f), Article V and the request to appeal. The said forms, except the certification, shall be in Filipino. Within sixty (60) days from receipt of the forms from the NCLA, the chapter legal aid offices shall make translations of the said forms in the dominant dialect used in their respective localities. Section 3. Effect of Rule on right to bring suits in forma pauperis. Nothing in this Rule shall be considered to preclude those persons not covered either by this Rule or by the exemption from the payment of legal fees granted to clients of the Public Attorneys Office under Section 16D of RA 9406 to litigate in forma pauperis under Section 21, Rule 3 and Section 19 Rule 141 of the Rules of Court. Section 4. Compliance with Rule on Mandatory Legal Aid Service. Legal aid service rendered by a lawyer under this Rule either as a handling lawyer or as an interviewer of applicants under Section 1(b), Article IV hereof shall be credited for purposes of compliance with the Rule on Mandatory Legal Aid Service. The chairperson of the chapter legal aid office shall issue the certificate similar to that issued by the Clerk of Court in Section 5(b) of the Rule on Mandatory Legal Aid Service. ARTICLE VIII Effectivity Section 1. Effectivity. This Rule shall become effective after fifteen days following its publication in a newspaper of general circulation. September 10, 2009
Special Law on Retired Justices and Judges (RA 910)

REPUBLIC ACT NO. 910 AN ACT TO PROVIDE FOR THE RETIREMENT OF JUSTICES OF THE SUPREME COURT AND OF THE COURT OF APPEALS, FOR THE ENFORCEMENT OF THE PROVISIONS HEREOF BY THE GOVERNMENT SERVICE INSURANCE SYSTEM, AND TO REPEAL COMMONWEALTH ACT NUMBERED FIVE HUNDRED AND THIRTY-SIX Section 1. When a justice of the Supreme Court or of the court of Appeals, a judge of Court of First Instance, Industrial Relations, Agrarian Relations, Tax Appeals, Juvenile and Domestic Relations, or a city or municipal judge who has rendered at least twenty-five years service in the judiciary or in any other branch of the government, or in both, (a) retires for having attained the age of seventy years, or (b) resigns by reason of his incapacity to discharge the duties of his office, he shall receive during the residue of his natural life, in the manner hereinafter provided, the salary which he was receiving at the time of his retirement or resignation. And when a justice of the Supreme Court or of the Court of Appeals, a judge of Court of First Instance, Industrial Relations, Agrarian Relations, Tax Appeals, Juvenile and Domestic Relations, or a city or municipal judge has attained the age of sixty years and has rendered at least twenty-five years of service in the Government, the last five of which shall have been continuously rendered in the judiciary, he shall likewise be entitled to retire and receive during the residue of his natural life, also in the manner hereinafter provided, the salary which he was then receiving. It is a condition of the pension provided herein that no retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving said pension shall appear as counsel before any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an officer or employee of the Government is accused of an offense committed in relation to his office, or collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the Government, national, provincial or municipal, or to any of its legally constituted officers. It is also a condition of the pension provided for herein that when a member of the judiciary entitled to the benefits of this Act shall assume an elective public office,
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he shall not, upon assumption of office and during his term, receive the monthly pension due him. (As amended by RA 5095, June 17, 1967) Section 2. In case of a justice of the Supreme Court or Court of Appeals or a judge of the Court of First Instance, Circuit Criminal Court, Agrarian Relations, Tax Appeals, Juvenile and Domestic Relations, city or municipal court, or any other court hereafter established, dies while in actual service, his heirs shall receive a lump sum of five years gratuity computed on the basis of the highest monthly salary plus the highest monthly aggregate of transportation, living and representation allowances received by him as such Justice or Judges, if by reason of his length of service in the Government he was already entitled to the benefits of this Act. The same benefits provided for in this section shall be extended to any incumbent justice of the Supreme Court or the Court of Appeals, or a judge of the Court of First Instance, Circuit Criminal Court, Agrarian Relations, Tax Appeals, Juvenile and Domestic Relations, or city or municipal court, or any other court hereafter established, as the case may be, who, without having attained the length of service required in Section one hereof shall have to retire upon reaching the age of sixty five years, or upon other causes, such illness or permanent physical disability, to be certified to by the tribunal to which the justice concerned belongs, or by the Supreme Court in the case of an incumbent judge of the Court of First Instance, and other similar courts of record, or a city or municipal judge, which render him incapacitated to continue in his position. (As amended by PD 1438, June 10, 1978) Section 3. Upon retirement, a justice of the Supreme Court or of the Court of Appeals, of a judge of the Court of First Instance, Circuit Criminal Court, Agrarian Relations, Tax Appeals, Juvenile and Domestic Relations, city or municipal court, or any other court hereafter established shall be automatically entitled to a lump sum of five year gratuity computed on the basis of highest monthly salary plus the highest monthly aggregate of transportation, living and representation allowances he was receiving on the date of his retirement; Provided, however, That if the reason for the retirement be any permanent disability contracted during his incumbency in office and prior to the date of retirement he shall receive only a gratuity equivalent to ten years' salary and allowances aforementioned with no further annuity payable monthly during the rest of the retiree's natural life. (As amended by PD 1438, June 10, 1978)
Section 4. A retiring justice, judge of a court of record, or a city or municipal judge who is entitled to the benefits of any prior retirement gratuity Act shall have the option to choose between the benefits in such Acts and those herein provided for, and in such case he shall be entitled only to the benefits so chosen: Provided, however, That a justice, judge of a court of record, or a city or municipal judge retired under any prior statement Act and who is thereafter appointed to the Supreme court, or to the Court of Appeals, or to the Court of First Instance, Industrial Relations, Agrarian Relations, Tax Appeals, or Juvenile and Domestic Relations, as the case may be, shall be entitled to the benefits of this Act on condition that, in case he has not fully refunded to the Government the gratuity previously received by him, there shall be deducted from the amount payable to him under this Act such monthly installments as are required in Section six of Act Numbered Four thousand fifty one, as amended, until the gratuity already received by him shall have been refunded in full. (As amended by RA 5095, June 17, 1967) Section 5. The Government Service System shall take charge of the enforcement and operation of this Act, and no justice of the Supreme Court, of the Court of Appeals, or judge of the Court of First Instance, Industrial Relations, Agrarian Relations, tax Appeals, Juvenile and Domestic Relations, or city or municipal judge shall be entitled to receive any gratuity or pension herein provided for unless from the month following the approval of this Act, in case of an actual incumbent, or from the month following his appointment and qualification as such, in case of a future appointment, he shall have contributed to the funds of the System by paying a monthly premium in accordance with following rates, which fund shall also be made available for the payment of the benefits of this Act: Officials Municipal judges All others Rate per month P40.00 100.00
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(As amended by RA 5095, June 17, 1967) Section 6. Commonwealth Act Numbered Five hundred and thirty-six and any other provision in conflict with this Act are hereby repealed. Section 7. This Act shall take effect upon its approval. Approved: June 20, 1953
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Law on Obstruction of Justice (PD 1829)

PRESIDENTIAL DECREE No. 1829 PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them; WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders; NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law do hereby decree and order the following: Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; (c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; (d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; (e) delaying the prosecution of criminal cases by obstructing the service of process or (i) (f)
(g)
(h)
court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court.
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If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed. Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the penalties provided thereunder, suffer perpetual disqualification from holding public office. Section 3. This immediately. Decree shall take effect
Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and eighty-one.
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2004 Rules on Notarial Practice

(Aug. 1, 2004) RULE I IMPLEMENTATION Sec. 1. Title. - 2004 Rules on Notarial Practice. Sec. 2. Purposes. a. promote, serve, and protect public interest; b. simplify, clarify, and modernize the rules governing notaries public; and c. foster ethical conduct among notaries public. Sec. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the singular include the plural, and words in the plural include the singular. RULE II DEFINITIONS Sec. 1. Acknowledgment. - refers to an act in which an individual on a single occasion: a. appears in person before the notary public and presents an integrally complete instrument or document; b. attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and c. represents to the notary public that the signature was voluntarily affixed by him, declares execution of document as free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity. Sec. 2. Affirmation or Oath. - refers to an act in which an individual on a single occasion: a. appears in person before the notary public; b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and c. avows under penalty of law to the whole truth of the contents of the instrument or document. Sec. 3. Commission. - grant of authority to perform notarial acts and to the written evidence of the authority.
Sec. 4. Copy Certification. - refers to a notarial act in which a notary public: a. is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable; b. copies or supervises the copying of the instrument or document; c. compares the instrument or document with the copy; and d. determines that the copy is accurate and complete. Sec. 5. Notarial Register. - refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public. Sec. 6. Jurat. - refers to an act in which an individual on a single occasion: a. appears in person before the notary public and presents an instrument or document; b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; c. signs the instrument or document in the presence of the notary; and d. takes an oath or affirmation before the notary public as to such instrument or document. Sec. 7. Notarial Act and Notarization. any act that a notary public is empowered to perform under these Rules. Sec. 8. Notarial Certificate. - refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary's signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules. Sec. 9. Notary Public and Notary. - refer to any person commissioned to perform official acts under these Rules. Sec. 10. Principal. - person appearing before the notary public whose act is the subject of notarization. Sec. 11. Regular Place of Work or Business. refers to a stationary office in the city or province wherein the notary public renders legal and notarial services. Sec. 12. Competent Evidence of Identity. - refers to the identification of an individual based on:
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a. at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or b. the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification. Sec. 13. Official Seal or Seal. - a device for affixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules. Sec. 14. Signature Witnessing. - notarial act in which an individual on a single occasion: a. appears in person before the notary public and presents an instrument or document; b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and c. signs the instrument or document in the presence of the notary public. Sec. 15. Court. - refers to the Supreme Court of the Philippines. Sec. 16. Petitioner. - refers to a person who applies for a notarial commission. Sec. 17. Office of the Court Administrator. refers to the Office of the Court Administrator of the Supreme Court. Sec. 18. Executive Judge. - refers to the Executive Judge of the Regional Trial Court of a city or province who issues a notarial commission. Sec. 19. Vendor - refers to a seller of a notarial seal and shall include a wholesaler or retailer. Sec. 20. Manufacturer- refers to one who produces a notarial seal and shall include an engraver and seal maker.
RULE III COMMISSIONING OF NOTARY PUBLIC Sec. 1. Qualifications. - may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules. To be eligible for commissioning as notary public, the petitioner must be: 1. Filipino citizen; 2. over 21 years of age; 3. a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued; 4. member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and 5. not have been convicted in the first instance of any crime involving moral turpitude. Sec. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial commission shall be in writing, verified, and shall include the following: a. statement containing the petitioner's personal qualifications (date of birth, residence, telephone number, professional tax receipt, roll of attorney's number and IBP membership number); , b. certification of good moral character of the petitioner by at least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission; c. proof of payment for the filing of the petition as required by these Rules; and d. three (3) passport-size color photographs with light background taken within thirty (30) days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs. Sec. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court. Sec. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary hearing on the petition and shall grant the same if: a. petition is sufficient in form and substance; b. the petitioner proves the allegations contained in the petition; and
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c.
Sec. 5. Notice of Summary Hearing. a. shall be published in a newspaper of general circulation in the city or province where the hearing shall be conducted and posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The cost of the publication shall be borne by the petitioner. The notice may include more than one petitioner. b. shall be substantially in the following form; NOTICE OF HEARING Notice is hereby given that a summary hearing on the petition for notarial commission of (name of petitioner) shall be held on (date) at (place) at (time). Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto, received by the undersigned before the date of the summary hearing. ______________ Executive Judge Sec. 6. Opposition to Petition. - Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. The opposition must be received by the Executive Judge before the date of the summary hearing. Sec. 7. Form of Notarial Commission. - shall be in a formal order signed by the Executive Judge substantially in the following form: REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF __________ This is to certify that (name of notary public) of (regular place of work or business) in (city or province) was on this (date) day of (month) two thousand and (year) commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending the thirty-first day of December (year) _______________ Executive Judge
Sec. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - shall substantially be in the following form: REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF___________ CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL This is to authorize (name of notary public) of (city or province) who was commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending, the thirtyfirst of December (year) to purchase a notarial seal. Issued this (day) of (month) (year). _______________ Executive Judge Sec. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall have only one official seal of office in accordance with these Rules. Sec. 11. Jurisdiction and Term. - in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court. Sec. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register of Notaries Public in his jurisdiction which shall contain, among others, the 1. dates of issuance or revocation or suspension of notarial commissions, and 2. the resignation or death of notaries public. The Executive Judge shall furnish the Office of Court Administrator (OCA) information and data recorded in the register of notaries public.
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the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules. The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner.
Sec. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. - valid for a period of three (3) months from date of issue, unless extended by the Executive Judge. A mark, image or impression of the seal that may be purchased by the notary public pursuant to the Certificate shall be presented to the Executive Judge for approval prior to use.
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Sec. 13. Renewal of Commission. 1. file a written application with the Executive Judge for the renewal of commission 2. within forty-five (45) days before the expiration 3. A mark, image or impression of the seal of the notary public shall be attached to the application. Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public. The notary public thus removed may only be reinstated therein after he is issued a new commission in accordance with these Rules. Sec. 14. Action on Application for Renewal of Commission. - The Executive Judge shall 1. upon payment of the application fee mentioned in Section 3 above of this Rule, 2. act on an application for the renewal of a commission within thirty (30) days from receipt 3. If the application is denied, the Executive Judge shall state the reasons. RULE IV POWERS AND LIMITATIONS OF NOTARIES PUBLIC Sec. 1. Powers. A notary public is a. empowered to perform the following notarial acts: 1. acknowledgments; 2. oaths and affirmations; 3. jurats; 4. signature witnessings; 5. copy certifications; and 6. any other act authorized by these Rules. b. authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if: 1. the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document; 2. both witnesses sign their own names in addition to the thumb or other mark; 3. the notary public writes below the thumb or other mark: "Thumb or Other Mark
c.
Sec. 2. Prohibitions. a. shall not perform a notarial act outside his regular place of work or business; EXCEPTION: a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction: 1. public offices, convention halls, and similar places where oaths of office may be administered; 2. public function areas in hotels and similar places for the signing of instruments or documents requiring notarization; 3. hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and 4. any place where a party to an instrument or document requiring notarization is under detention. b. shall not perform a notarial act if the person involved as signatory to the instrument or document 1. is not in the notary's presence personally at the time of the notarization; and 2. is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.
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The OCA shall keep a permanent, complete and updated database of such records.
affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public"; and 4. the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing. authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if: 1. the notary public is directed by the person unable to sign or make a mark to sign on his behalf; 2. the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document; 3. both witnesses sign their own names ; 4. the notary public writes below his signature: "Signature affixed by notary in presence of (names and addresses of person and two \2] witnesses)"; and 5. the notary public notarizes his signature by acknowledgment or jurat.
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Sec. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he: a. is a party to the instrument or document that is to be notarized; b. will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by these Rules and by law; or c. is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree. Sec. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if: a. notarial act or transaction is unlawful or immoral; b. the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act; and c. in the notary's judgment, the signatory is not acting of his or her own free will. Sec. 5. False or Incomplete Certificate. - A notary public shall not: a. execute a certificate containing information known or believed by the notary to be false. b. affix an official signature or seal on a notarial certificate that is incomplete. Sec. 6. Improper Instruments or Documents. - A notary public shall not notarize: a. a blank or incomplete instrument or document; or b. an instrument or document without appropriate notarial certification. RULE V FEES OF NOTARY PUBLIC Sec. 1. Imposition and Waiver of Fees. - a notary public may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part. Sec. 2. Travel Fees and Expenses. - may charge travel fees and expenses separate and apart from the notarial fees prescribed in the preceding section when traveling to perform a notarial act if the notary public and the person requesting the notarial act agree prior to the travel.
Sec. 4. Payment or Refund of Fees. - A notary public shall not require payment of any fees specified herein prior to the performance of a notarial act unless otherwise agreed upon. travel fees and expenses paid prior to the performance of a notarial act are not subject to refund if the notary public had already traveled but failed to complete in whole or in part the notarial act for reasons beyond his control and without negligence on his part. Sec. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall 1. issue a receipt registered with the Bureau of Internal Revenue and 2. keep a journal of notarial fees shall enter in the journal all fees charged for services rendered. 3. post in a conspicuous place in his office a complete schedule of chargeable notarial fees. RULE VI NOTARIAL REGISTER Sec. 1. Form of Notarial Register. a. permanently bound book with numbered pages. kept in books to be furnished by the Solicitor General to any notary public upon request and upon payment of the cost thereof. duly paged, and on the first page, the Solicitor General shall certify the number of pages of which the book consists. For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by the Office of the Solicitor General (OSG) and the OCA. b. A notary/ public shall keep only one active notarial register at any given time. Sec. 2. Entries in the Notarial Register. a. the following: 1. entry number and page number; 2. date and time of day of the notarial act; 3. type of notarial act; 4. the title or description of the instrument, document or proceeding; 5. the name and address of each principal; 6. the competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary;
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Sec. 3. Prohibited Fees. - No fee or compensation of any kind ECEPTION: those expressly prescribed and allowed herein
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7. the name and address of each credible witness swearing to or affirming the person's identity; 8. the fee charged for the notarial act; 9. the address where the notarization was performed if not in the notary's regular place of work or business; and 10. any other circumstance the notary public may deem of significance or relevance. b. reasons and circumstances for not completing a notarial act. c. circumstances of any request to inspect or copy an entry in the notarial register, including 1. the requester's name, 2. address 3. signature 4. thumb mark or other recognized identifier, and 5. evidence of identity. The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded. d. When the instrument or document is a contract, the notary public shall keep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number, beginning with number one in each calendar year. He shall also retain a duplicate original copy for the Clerk of Court. e. The notary public shall give to each instrument or document executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument or document the page/s of his register on which the same is recorded. No blank line shall be left between entries. f. In case of a protest of any draft, bill of exchange or promissory note, the notary public shall 1. make a full and true record of all proceedings in relation thereto and 2. shall note therein whether the demand for the sum of money was made, i. by whom, when, and where; ii. whether he presented such draft, bill or note; iii. whether notices were given, to whom and in what manner; iv. where the same was made, when and to whom and where directed; v. and of every other fact touching the same. g. At the end of each week, the notary public shall certify in his notarial register the number of instruments or documents executed, sworn to, acknowledged, or
protested before him; or if none, this certificate shall show this fact. h. A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged before the notary public shall, within the first ten (10) days of the month following, be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies herein required. Sec. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register shall be signed or a thumb or other mark affixed by each: a. principal; b. credible witness swearing or affirming to the identity of a principal; and c. witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person physically unable to sign. Sec. 4. Inspection, Copying and Disposal. a. In the notary's presence, any person may inspect an entry in the notarial register, during regular business hours, provided; 1. the person's identity is personally known to the notary public or proven through competent evidence of identity as defined in these Rules; 2. the person affixes a signature and thumb or other mark or other recognized identifier, in the notarial .register in a separate, dated entry; 3. the person specifies the month, year, type of instrument or document, and name of the principal in the notarial act or acts sought; and 4. the person is shown only the entry or entries specified by him. b. The notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of a court order. c. If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information from the notarial register, the notary shall deny access to any entry or entries therein. Sec. 5. Loss, Destruction or Damage of Notarial Register. a. In case the notarial register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary public shall, within ten (10) days after informing the appropriate
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law enforcement agency in the case of theft or vandalism, notify the Executive Judge by any means providing a proper receipt or acknowledgment, including registered mail and also provide a copy or number of any pertinent police report. b. Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial register and notarial records shall immediately be delivered to the office of the Executive Judge. Sec. 6. Issuance of Certified True Copies. - to any person applying for such copy upon payment of the legal fees.
RULE VII SIGNATURE AND SEAL OF NOTARY PUBLIC Sec. 1. Official Signature. - a notary public shall: a. sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission; b. not sign using a facsimile stamp or printing device; and c. affix his official signature only at the time the notarial act is performed. Sec. 2. Official Seal. a. Every person commissioned as notary public shall 1. have a seal of office to be procured at his own expense shall not be possessed or owned by any other person 2. shall be of i. metal ii. circular in shape iii. two inches in diameter iv. name of the city or province and the word "Philippines" and his own name on the margin and the roll of attorney's number on the face thereof, with the words "notary public" across the center. A mark, image or impression of such seal shall be made directly on the paper or parchment on which the writing appears. b. official seal shall be affixed only at the time the notarial act is performedshall be clearly impressed by the notary public on every page of the instrument or document notarized. c. When not in use, the official seal shall be kept safe and secure and shall be accessible only to the notary public or the person duly authorized by him.
d. Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other otherwise rendered unserviceable in affixing a legible image, the notary public shall: 1. inform the appropriate law enforcement agency 2. notify the Executive Judge in writing, providing proper receipt or acknowledgment, including registered mail, and in the event of a crime committed and provide a copy or entry number of the appropriate police record. 3. Upon receipt of such notice, if found in order by the Executive Judge, the latter shall i. order the notary public to cause notice of such loss or damage to be published, once a week for three (3) consecutive weeks, in a newspaper of general circulation in the city or province where the notary public is commissioned. ii. shall issue to the notary public a new Certificate of Authorization to Purchase a Notarial Seal. e. Within five (5) days after the death or resignation of the notary public, or the revocation or expiration of a notarial commission, 1. the official seal shall be surrendered to the Executive Judge and shall be destroyed or defaced in public during office hours. 2. In the event that the missing, lost or damaged seal is later found or surrendered, it shall be delivered by the notary public to the Executive Judge to be disposed of in accordance with this section. Failure to effect such surrender shall constitute contempt of court. 3. In the event of death of the notary public, the person in possession of the official seal shall have the duty to surrender it to the Executive Judge. Sec. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent, and photographically reproducible mark, image or impression of the official seal beside his signature on the notarial certificate of a paper instrument or document. Sec. 4. Obtaining and Providing Seal. a. A vendor or manufacturer of notarial seals may not sell said product without a written authorization from the Executive Judge.
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b. Upon written application and after payment of the application fee 1. the Executive Judge may issue an authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of the latter's qualifications. 2. The Executive Judge shall charge an authorization fee in the amount of Php 4,000 for the vendor and Php 8,000 for the manufacturer. 3. If a manufacturer is also a vendor, he shall only pay the manufacturer's authorization fee. c. authorization shall be in effect for a period of four (4) years from the date of its issuance may be renewed by the Executive Judge for a similar period upon payment of the authorization fee mentioned in the preceding paragraph. d. A vendor or manufacturer shall not sell a seal to a buyer EXCEPT: upon submission of a 1. certified copy of the commission and the 2. Certificate of Authorization to Purchase a Notarial Seal issued by the Executive Judge. 3. A notary public obtaining a new seal as a result of change of name shall present to the vendor or manufacturer a certified copy of the Confirmation of the Change of Name issued by the Executive Judge. e. Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial Seal, f. After the sale, the vendor or manufacturer shall 1. affix a mark, image or impression of the seal to the Certificate of Authorization to Purchase a Notarial Seal and 2. submit the completed Certificate to the Executive Judge. 3. Copies of the Certificate of Authorization to Purchase a Notarial Seal and the buyer's commission shall be kept in the files of the vendor or manufacturer for four (4) years after the sale. g. A notary public obtaining a new seal as a result of change of name shall present to the vendor a certified copy of the order confirming the change of name issued by the Executive Judge.
RULE VIII NOTARIAL CERTIFICATES Sec. 1. Form of Notarial Certificate. - shall conform to all the requisites prescribed herein, the Rules of Court and all other provisions of issuances by the Supreme Court and in applicable laws. Sec. 2. Contents of the Concluding Part of the Notarial Certificate. - shall include the following: a. name of the notary public as exactly indicated in the commission; b. serial number of the commission of the notary public; c. the words "Notary Public" and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; and d. the roll of attorney's number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number.
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RULE IX CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC Sec. 1. Certificate of Authority for a Notarial Act. CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the person named in the seal and signature on the attached document, is a Notary Public in and for the (City/Municipality/Province) of the Republic of the Philippines and authorized to act as such at the time of the document's notarization. IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day of (month) (year). _________________ (official signature) (seal of Executive Judge) RULE X CHANGES OF STATUS OF NOTARY PUBLIC Sec. 1. Change of Name and Address. 1. Within ten (10) days after the change of name of the notary public by court order or by marriage, or
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2. after ceasing to maintain the regular place of work or business, 3. the notary public shall submit a signed and dated notice of such fact to the Executive Judge. 4. The notary public shall not notarize until: a. he receives from the Executive Judge a confirmation of the new name of the notary public and/or change of regular place of work or business; and b. a new seal bearing the new name has been obtained. until the aforementioned steps have been completed, the notary public may continue to use the former name or regular place of work or business in performing notarial acts for three (3) months from the date of the change, which may be extended once for valid and just cause by the Executive Judge for another period not exceeding three (3) months. Sec. 2. Resignation. - A notary public may resign his commission by 1. personally submitting a written, dated and signed formal notice to the Executive Judge together with his notarial seal, notarial register and records. 2. Effective from the date indicated in the notice, he shall immediately cease to perform notarial acts. 3. In the event of his incapacity to personally appear, the submission of the notice may be performed by his duly authorized representative. Sec. 3. Publication of Resignation. - to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have resigned their notarial commissions and the effective dates of their resignation. RULE XI REVOCATION OF COMMISSION DISCIPLINARY SANCTIONS
AND
Sec. 1. Revocation and Administrative Sanctions. a. The Executive Judge shall revoke a notarial commission for any ground on which an application for a commission may be denied. b. In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary public who: 1. fails to keep a notarial register;
2. fails to make the proper entry or entries in his notarial register concerning his notarial acts; 3. fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following; 4. fails to affix to acknowledgments the date of expiration of his commission; 5. fails to submit his notarial register, when filled, to the Executive Judge; 6. fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the judge; 7. fails to require the presence of a principal at the time of the notarial act; 8. fails to identify a principal on the basis of personal knowledge or competent evidence; 9. executes a false or incomplete certificate under Section 5, Rule IV; 10. knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and 11. commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction. c. Upon verified complaint by an interested, affected or aggrieved person, the notary public shall 1. be required to file a verified answer to the complaint. 2. If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. 3. If the allegations of the complaint are not proven, the complaint shall be dismissed. 4. If the charges are duly established, the Executive Judge shall impose the appropriate administrative sanctions. 5. In either case, the aggrieved party may appeal the decision to the Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately executory, unless otherwise ordered by the Supreme Court. d. The Executive Judge may motu proprio initiate administrative proceedings against a notary public, subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and (b).
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MANDATORY CONTINUING EDUCATION (MCLE) RESOLUTION
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Sec. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge shall immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have been administratively sanctioned or whose notarial commissions have been revoked. Sec. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of such death, shall forthwith cause compliance with the provisions of these sections.
ADOPTING THE REVISED RULES ON THE CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES Considering the Rules on the Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines (IBP), recommended by the IBP, endorsed by the Philippine Judicial Academy, and reviewed and passed upon by the Supreme Court Committee on Legal Education, the Court hereby resolves to approve, as it hereby approves, the following Revised Rules for proper implementation: RULE 1 PURPOSE SECTION 1. Purpose of the MCLE. Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. RULE 2 MANDATORY EDUCATION
RULE XII SPECIAL PROVISIONS Sec. 1. Punishable Acts. - The Executive Judge shall cause the prosecution of any person who: a. knowingly acts or otherwise impersonates a notary public; b. knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and c. knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct. Sec. 2. Reports to the Supreme Court. - The Executive Judge concerned shall submit semestral reports to the Supreme Court on discipline and prosecution of notaries public.
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RULE XIII REPEALING AND EFFECTIVITY PROVISIONS Sec. 1. Repeal. - All rules and parts of rules, including issuances of the Supreme Court inconsistent herewith, are hereby repealed or accordingly modified. Sec. 2. Effective Date. - These Rules shall take effect on the first day of August 2004, and shall be published in a newspaper of general circulation in the Philippines which provides sufficiently wide circulation. Promulgated this 6th day of July, 2004.
SECTION 1. Commencement of the MCLE. Within two (2) months from the approval of these Rules by the Supreme Court En Banc, the MCLE Committee shall be constituted and shall commence the implementation of the Mandatory Continuing Legal Education (MCLE) program in accordance with these Rules. SEC. 2. Requirements of completion of MCLE. Members of the IBP not exempt under Rule 7 shall complete every three (3) years at least thirty-six (36) hours of continuing legal education activities approved by the MCLE Committee. Of the 36 hours: (a) At least six (6) hours shall be devoted to legal ethics equivalent to six (6) credit units.
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Sec. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities.
BAR MATTER NO. 850

[October 02, 2001]
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(b) At least four (4) hours shall be devoted to trial and pretrial skills equivalent to four (4) credit units. (c) At least five (5) hours shall be devoted to alternative dispute resolution equivalent to five (5) credit units. (d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence equivalent to nine (9) credit units. (e) At least four (4) hours shall be devoted to legal writing and oral advocacy equivalent to four (4) credit units. (f) At least two (2) hours shall be devoted to international law and international conventions equivalent to two (2) credit units. (g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee equivalent to six (6) credit units. RULE 3 COMPLIANCE PERIOD SECTION 1. Initial compliance period. - The initial compliance period shall begin not later than three (3) months from the adoption of these Rules. Except for the initial compliance period for members admitted or readmitted after the establishment of the program, all compliance periods shall be for thirty-six (36) months and shall begin the day after the end of the previous compliance period. SEC. 2. Compliance Groups. - Members of the IBP not exempt from the MCLE requirement shall be divided into three (3) compliance groups, namely: (a) Compliance group 1. - Members in the National Capital Region (NCR) or Metro Manila are assigned to Compliance Group 1. (b) Compliance group 2. - Members in Luzon outside NCR are assigned to Compliance Group 2. (c) Compliance group 3. - Members in Visayas and Mindanao are assigned to Compliance Group 3. Nevertheless, members may participate in any legal education activity wherever it may be available to earn credit unit toward compliance with the MCLE requirement. SEC. 3. Compliance period of members admitted or readmitted after establishment of the program. Members admitted or readmitted to the Bar after the establishment of the program shall be assigned to the appropriate Compliance
Group based on their Chapter membership on the date of admission or readmission. The initial compliance period after admission or readmission shall begin on the first day of the month of admission or readmission and shall end on the same day as that of all other members in the same Compliance Group. (a) Where four (4) months or less remain of the initial compliance period after admission or readmission, the member is not required to comply with the program requirement for the initial compliance. (b) Where more than four (4) months remain of the initial compliance period after admission or readmission, the member shall be required to complete a number of hours of approved continuing legal education activities equal to the number of months remaining in the compliance period in which the member is admitted or readmitted. Such member shall be required to complete a number of hours of education in legal ethics in proportion to the number of months remaining in the compliance period. Fractions of hours shall be rounded up to the next whole number. RULE 4 COMPUTATION OF CREDIT UNITS SECTION 1. Guidelines. CREDIT UNITS ARE EQUIVALENT TO CREDIT HOURS. CREDIT UNITS measure compliance with the MCLE requirement under the Rules, based on the category of the lawyers participation in the MCLE activity. The following are the guidelines for computing credit units and the supporting documents required therefor: PROGRAMS/A CTIVITY CREDIT UNITS SUPPORTING DOCUMENTS
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1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS, WORKSHOPS, DIALOGUES, ROUND TABLE DISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND OTHER RELATED RULES 1. PARTICIPANT/ ATTENDEE 1 CU PER HOUR OF ATTENDA NCE CERTIFICATE OF ATTENDANCE WITH NUMBER OF HOURS
1.2 LECTURER FULL CU PHOTOCOPY OF RESOURCE FOR THE PLAQUE OR SPEAKER SUBJECT SPONSORS PER CERTIFICATION
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COMPLIA NCE PERIOD 1.3 PANELIST/REA CTOR COMMENTATO R/ MODERATOR/ COORDINATO R/ FACILITATOR OF CU FOR THE SUBJECT PER COMPLIA NCE PERIOD CERTIFICATION FROM SPONSORING ORGANIZATION
RULE 5 CATEGORIES OF CREDIT UNITS SECTION 1. Classes of credit units. -Credit units are either participatory or nonparticipatory. SEC. 2. Claim for participatory credit units. Participatory credit units may be claimed for: (a) Attending approved education activities like seminars, conferences, conventions, symposia, in-house education programs, workshops, dialogues or round table discussion. (b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker, moderator, coordinator or facilitator in approved education activities. (c) Teaching in a law school or lecturing in a bar review class. SEC. 3. Claim for non-participatory credit units. - Non-participatory credit units may be claimed per compliance period for: (a) Preparing, as an author or co-author, written materials published or accepted for publication, e.g., in the form of an article, chapter, book, or book review which contribute to the legal education of the author member, which were not prepared in the ordinary course of the member's practice or employment. (b) Editing a law book, law journal or legal newsletter. RULE 6 COMPUTATION OF CREDIT HOURS SECTION 1. Computation of credit hours. Credit hours are computed based on actual time spent in an education activity in hours to the nearest one-quarter hour reported in decimals. RULE 7 EXEMPTIONS SECTION 1. Parties exempted from the MCLE. The following members of the Bar are exempt from the MCLE requirement: (a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executive Departments; (b) Senators and Members of the House of Representatives; (c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary, incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the
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2. AUTHORSHIP, EDITING AND REVIEW 2.1 LAW BOOK FULL CU PUBLISHED OF NOT LESS FOR THE BOOK THAN 100 SUBJECT PAGES PER COMPLIA NCE PERIOD 2.2 BOOK OF EDITOR THE CU OF AUTHOR SHIP CATEGO RY 2.3 RESEARCH PAPER INNOVATIVE PROGRAM/ CREATIVE PROJECT 2.4 LEGAL ARTICLE OF AT LEAST TEN (10) PAGES OF CU FOR THE SUBJECT PER COMPLIA NCE PERIOD PUBLISHED BOOK WITH PROOF AS EDITOR
DULY CERTIFIED/PUBL ISHED TECHNICAL REPORT/PAPER
OF CU PUBLISHED FOR THE ARTICLE SUBJECT PER COMPLIA NCE PERIOD
2.5 LEGAL 1 CU PER PUBLISHED NEWSLETTER/ ISSUE NEWSLETTER/J LAW JOURNAL OURNAL EDITOR 2.6 PROFESSORIA L CHAIR/ BAR REVIEW LECTURE LAW TEACHING/ FULL CU FOR THE SUBJECT PER COMPLIA NCE PERIOD CERTIFICATION OF LAW DEAN OR BAR REVIEW DIRECTOR
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(d)
(e) (f)
(g) (h)
(i) (j)
(k)
(l)
Philippine Judicial Academy program of continuing judicial education; The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice; The Solicitor General and the Assistant Solicitors General; The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel; The Chairmen and Members of the Constitutional Commissions; The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor of the Office of the Ombudsman; Heads of government agencies exercising quasi-judicial functions; Incumbent deans, bar reviewers and professors of law who have teaching experience for at least ten (10) years in accredited law schools; The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of the Philippine Judicial Academy; and Governors and Mayors.
SECTION 1. Approval of MCLE program. Subject to the implementing regulations that may be adopted by the MCLE Committee, continuing legal education program may be granted approval in either of two (2) ways: (1) the provider of the activity is an accredited provider and certifies that the activity meets the criteria of Section 2 of this Rule; and (2) the provider is specifically mandated by law to provide continuing legal education. SEC. 2. Standards for all education activities. All continuing legal education activities must meet the following standards: (a) The activity shall have significant current intellectual or practical content. (b) The activity shall constitute an organized program of learning related to legal subjects and the legal profession, including cross profession activities (e.g., accounting-tax or medical-legal) that enhance legal skills or the ability to practice law, as well as subjects in legal writing and oral advocacy. (c) The activity shall be conducted by a provider with adequate professional experience. (d) Where the activity is more than one (1) hour in length, substantive written materials must be distributed to all participants. Such materials must be distributed at or before the time the activity is offered. (e) In-house education activities must be scheduled at a time and location so as to be free from interruption like telephone calls and other distractions. RULE 9 ACCREDITATION OF PROVIDERS SECTION 1. Accreditation of providers. Accreditation of providers shall be done by the MCLE Committee. SEC. 2. Requirements for accreditation of providers. - Any person or group may be accredited as a provider for a term of two (2) years, which may be renewed, upon written application. All providers of continuing legal education activities, including in-house providers, are eligible to be accredited providers. Application for accreditation shall: (a) Be submitted on a form provided by the MCLE Committee; (b) Contain all information requested in the form;
SEC. 2. Other parties exempted from the MCLE. - The following Members of the Bar are likewise exempt: (a) Those who are not in law practice, private or public. (b) Those who have retired from law practice with the approval of the IBP Board of Governors. SEC. 3. Good cause for exemption from or modification of requirement - A member may file a verified request setting forth good cause for exemption (such as physical disability, illness, post graduate study abroad, proven expertise in law, etc.) from compliance with or modification of any of the requirements, including an extension of time for compliance, in accordance with a procedure to be established by the MCLE Committee. SEC. 4. Change of status. - The compliance period shall begin on the first day of the month in which a member ceases to be exempt under Sections 1, 2, or 3 of this Rule and shall end on the same day as that of all other members in the same Compliance Group. SEC. 5. Proof of exemption. - Applications for exemption from or modification of the MCLE requirement shall be under oath and supported by documents.
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RULE 8 STANDARDS FOR APPROVAL EDUCATION ACTIVITIES
OF
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(c) Be accompanied approval fee.
by
the
appropriate SEC. 4. Renewal of provider accreditation. The accreditation of a provider may be renewed every two (2) years. It may be denied if the provider fails to comply with any of the requirements of these Rules or fails to provide satisfactory education activities for the preceding period. SEC. 5. Revocation of provider accreditation. The accreditation of any provider referred to in Rule 9 may be revoked by a majority vote of the MCLE Committee, after notice and hearing and for good cause. RULE 10 FEE FOR APPROVAL OF ACTIVITY AND ACCREDITATION OF PROVIDER SECTION 1. Payment of fees. - Application for approval of an education activity or accreditation as a provider requires payment of the appropriate fee as provided in the Schedule of MCLE Fees. RULE 11 GENERAL COMPLIANCE PROCEDURES SECTION 1. Compliance card. - Each member shall secure from the MCLE Committee a Compliance Card before the end of his compliance period. He shall complete the card by attesting under oath that he has complied with the education requirement or that he is exempt, specifying the nature of the exemption. Such Compliance Card must be returned to the Committee not later than the day after the end of the member's compliance period. SEC. 2. Member record keeping requirement. Each member shall maintain sufficient record of compliance or exemption, copy furnished the MCLE Committee. The record required to be provided to the members by the provider pursuant to Section 3 of Rule 9 should be a sufficient record of attendance at a participatory activity. A record of non-participatory activity shall also be maintained by the member, as referred to in Section 3 of Rule 5. RULE 12 NON-COMPLIANCE PROCEDURES SECTION 1. What constitutes non-compliance. The following shall constitute non-compliance: (a) Failure to complete the education requirement within the compliance period; (b) Failure to provide attestation of compliance or exemption;
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SEC. 3. Requirements of all providers. - All approved accredited providers shall agree to the following: (a) An official record verifying the attendance at the activity shall be maintained by the provider for at least four (4) years after the completion date. The provider shall include the member on the official record of attendance only if the member's signature was obtained at the time of attendance at the activity. The official record of attendance shall contain the member's name and number in the Roll of Attorneys and shall identify the time, date, location, subject matter, and length of the education activity. A copy of such record shall be furnished the MCLE COMMITTEE. (b) The provider shall certify that: (1) This activity has been approved BY THE MCLE COMMITTEE in the amount of _______ hours of which _____ hours will apply in (legal ethics, etc.), as appropriate to the content of the activity; (2) The activity conforms to the standards for approved education activities prescribed by these Rules and such regulations as may be prescribed by the MCLE COMMITTEE. (c) The provider shall issue a record or certificate to all participants identifying the time, date, location, subject matter and length of the activity. (d) The provider shall allow in-person observation of all approved continuing legal education activity by THE MCLE COMMITTEE, members of the IBP Board of Governors, or designees of the Committee and IBP Board for purposes of monitoring compliance with these Rules. (e) The provider shall indicate in promotional materials, the nature of the activity, the time devoted to each topic and identity of the instructors. The provider shall make available to each participant a copy of THE MCLE COMMITTEE-approved Education Activity Evaluation Form. (f) The provider shall maintain the completed Education Activity Evaluation Forms for a period of not less than one (1) year after the activity, copy furnished the MCLE COMMITTEE. (g) Any person or group who conducts an unauthorized activity under this program or issues a spurious certificate in violation of these Rules shall be subject to appropriate sanctions.
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(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period; (d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of noncompliance notice; (e) Failure to pay non-compliance fee within the prescribed period; (f) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements. SEC. 2. Non-compliance notice and 60-day period to attain compliance. - Members failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to file a response clarifying the deficiency or otherwise showing compliance with the requirements. Such notice shall contain the following language near the beginning of the notice in capital letters: IF YOU FAIL TO PROVIDE ADEQUATE PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM DATE OF NOTICE), YOU SHALL BE LISTED AS A DELINQUENT MEMBER AND SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL SUCH TIME AS ADEQUATE PROOF OF COMPLIANCE IS RECEIVED BY THE MCLE COMMITTEE. Members given sixty (60) days to respond to a Non-Compliance Notice may use this period to attain the adequate number of credit units for compliance. Credit units earned during this period may only be counted toward compliance with the prior compliance period requirement unless units in excess of the requirement are earned, in which case the excess may be counted toward meeting the current compliance period requirement. RULE 13 CONSEQUENCES OF NON-COMPLIANCE SECTION 1. Non-compliance fee. - A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a non-compliance fee. SEC. 2. Listing as delinquent member. - A member who fails to comply with the requirements after the sixty (60) day period for compliance has expired, shall be listed as a delinquent member of the IBP upon the recommendation of the MCLE Committee. The
SEC. 3. Accrual of membership fee. Membership fees shall continue to accrue at the active rate against a member during the period he/she is listed as a delinquent member. RULE 14 REINSTATEMENT SECTION 1. Process. - The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance with the MCLE requirement, including payment of non-compliance fee. A member may attain the necessary credit units to meet the requirement for the period of non-compliance during the period the member is on inactive status. These credit units may not be counted toward meeting the current compliance period requirement. Credit units earned during the period of noncompliance in excess of the number needed to satisfy the prior compliance period requirement may be counted toward meeting the current compliance period requirement. SEC. 2. Termination of delinquent listing is an administrative process. - The termination of listing as a delinquent member is administrative in nature AND it shall be made by the MCLE Committee. RULE 15 COMMITTEE ON MANDATORY CONTINUING LEGAL EDUCATION SECTION 1. Composition. - The MCLE Committee shall be composed of five (5) members, namely, a retired Justice of the Supreme Court as Chair, and four (4) members respectively nominated by the IBP, the Philippine Judicial Academy, a law center designated by the Supreme Court and associations of law schools and/or law professors. The members of the Committee shall be of proven probity and integrity. They shall be appointed by the Supreme Court for a term of three (3) years and shall receive such compensation as may be determined by the Court. SEC. 2. Duty of committee. - The MCLE Committee shall administer and adopt such implementing rules as may be necessary subject
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investigation of a member for non-compliance shall be conducted by the IBP's Commission on Bar Discipline as a fact-finding arm of the MCLE Committee.
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SEC. 3. Staff of the MCLE Committee. - Subject to approval by the Supreme Court, the MCLE Committee shall employ such staff as may be necessary to perform the record-keeping, auditing, reporting, approval and other necessary functions. SEC. 4. Submission of annual budget. - The MCLE Committee shall submit to the Supreme Court for approval, an annual budget [for a subsidy] to establish, operate and maintain the MCLE Program. This resolution shall take effect on the fifteenth of September 2000, following its publication in two (2) newspapers of general circulation in the Philippines. Adopted this 22nd day of August, 2000, as amended on 02 October 2001
SECTION 3. Scope. This Rule shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines. SECTION 4. Definition of Terms. For purposes of this Rule: (a) Practicing lawyers are members of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, including but not limited to the National Labor Relations Commission, National Conciliation and Mediation Board, Department of Labor and Employment Regional Offices, Department of Agrarian Reform Adjudication Board and National Commission for Indigenous Peoples. The term practicing lawyers shall exclude: (i) Government employees and incumbent elective officials not allowed by law to practice; (ii) Lawyers who by law are not allowed to appear in court; (iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and (iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies. (b) Indigent and pauper litigants are those defined under Rule 141, Section 19 of the Rules of Court and Algura v. The Local Government Unit of the City of Naga (G.R. No. 150135, 30 October 2006, 506 SCRA 81); (c) Legal aid cases are those actions, disputes, and controversies that are criminal, civil and administrative in nature in whatever stage
BM No. 2012
PROPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR PRACTICING LAWYERS RESOLUTION Acting on the Memorandum dated January 27, 2009 of Justice Renato C. Corona re: Comment of the Integrated Bar of the Philippines on our Suggested Revisions to the Proposed Rule of Mandatory Legal Aid Service for Practicing Lawyers, the Court Resolved to APPROVE the same. This Resolution shall take effect on July 1, 2009 following publication of the said Rule and its implementing regulations in at least two (2) newspapers of general circulation. February 10, 2009.
Rule on Mandatory Legal Aid Service

SECTION 1. Title. - This Rule shall be known as The Rule on Mandatory Legal Aid Service. SECTION 2. Purpose. This Rule seeks to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and
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to the approval of the Supreme Court. It shall, in consultation with the IBP Board of Governors, prescribe a schedule of MCLE fees with the approval of the Supreme Court.
expedite the resolution of cases involving them. Mandatory free legal service by members of the bar and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants.
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(d)
(e)
(f)
(g)
(h)
(i)
wherein indigent and pauper litigants need legal representation; Free legal aid services refer to appearance in court or quasi-judicial body for and in behalf of an indigent or pauper litigant and the preparation of pleadings or motions. It shall also cover assistance by a practicing lawyer to indigent or poor litigants in courtannexed mediation and in other modes of alternative dispute resolution (ADR). Services rendered when a practicing lawyer is appointed counsel de oficio shall also be considered as free legal aid services and credited as compliance under this Rule; Integrated Bar of the Philippines (IBP) is the official national organization of lawyers in the country; National Committee on Legal Aid (NCLA) is the committee of the IBP which is specifically tasked with handling legal aid cases; Committee on Bar Discipline (CBD) is the committee of the IBP which is specifically tasked with disciplining members of the Bar; IBP Chapters are those chapters of the Integrated Bar of the Philippines located in the different geographical areas of the country as defined in Rule 139-A and Clerk of Court is the Clerk of Court of the court where the practicing lawyer rendered free legal aid services. In the case of quasijudicial bodies, it refers to an officer holding an equivalent or similar position. The term shall also include an officer holding a similar position in agencies exercising quasi-judicial functions, or a responsible officer of an accredited PO or NGO, or an accredited mediator who conducted the court-annexed mediation proceeding.
SECTION 5. Requirements. (a) Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. However, where it is necessary for the practicing lawyer to render legal aid service for more than five (5) hours in one month, the excess hours may be credited to the said lawyer for the succeeding periods. For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for cases where he may render free legal aid service. He may also coordinate with the IBP Legal Aid Chairperson of the IBP
Chapter to inquire about cases where he may render free legal aid service. In this connection, the IBP Legal Aid Chairperson of the IBP Chapter shall regularly and actively coordinate with the Clerk of Court. The practicing lawyer shall report compliance with the requirement within ten (10) days of the last month of each quarter of the year. (b) A practicing lawyer shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid services in a case. The certificate shall contain the following information: (i) The case or cases where the legal aid service was rendered, the party or parties in the said case(s) for whom the service was rendered, the docket number of the said case(s) and the date(s) the service was rendered. (ii) The number of hours actually spent attending a hearing or conducting trial on a particular case in the court or quasi-judicial body. (iii) The number of hours actually spent attending mediation, conciliation or any other mode of ADR on a particular case. (iv) A motion (except a motion for extension of time to file a pleading or for postponement of hearing or conference) or pleading filed on a particular case shall be considered as one (1) hour of service. The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be retained by the practicing lawyer, one (1) copy to be retained by the Clerk of Court and one (1) copy to be attached to the lawyers compliance report. (c) Said compliance report shall be submitted to the Legal Aid Chairperson of the IBP Chapter within the courts jurisdiction. The Legal Aid Chairperson shall then be tasked with immediately verifying the contents of the certificate with the issuing Clerk of Court by comparing the copy of the certificate attached to the compliance report with the copy retained by the Clerk of Court. (d) The IBP Chapter shall, after verification, issue a compliance certificate to the concerned lawyer. The IBP Chapter shall also submit the compliance reports to the IBPs NCLA for recording and documentation. The submission shall be made within forty-five (45) days after the
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(e)
(f)
(g)
(h)
(i)
mandatory submission of compliance reports by the practicing lawyers. Practicing lawyers shall indicate in all pleadings filed before the courts or quasijudicial bodies the number and date of issue of their certificate of compliance for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records. Before the end of a particular year, lawyers covered by the category under Section 4(a)(i) and (ii), shall fill up a form prepared by the NCLA which states that, during that year, they are employed with the government or incumbent elective officials not allowed by law to practice or lawyers who by law are not allowed to appear in court. The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Two Thousand Pesos (P2,000). Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program. Before the end of a particular year, lawyers covered by the category under Section 4(a)(iii) shall secure a certification from the director of the legal clinic or of the concerned NGO or PO to the effect that, during that year, they have served as supervising lawyers in a legal clinic or actively participated in the NGOs or POs free legal aid activities. The certification shall be submitted to the IBP Chapter or IBP National Office. Before the end of a particular year, lawyers covered by the category under Section 4(a)(iv) shall fill up a form prepared by the NCLA which states that, during that year, they are neither practicing lawyers nor covered by Section (4)(a)(i) to (iii). The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Four Thousand Pesos (P4,000) by way of support for the efforts of practicing lawyers who render mandatory free legal aid services. Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program. Failure to pay the annual contribution shall subject the lawyer to a penalty of Two Thousand Pesos (P2,000) for that year which amount shall also accrue to the special fund for the legal aid program of the IBP.
SECTION 6. NCLA. (a) The NCLA shall coordinate with the various legal aid committees of the IBP local chapters for the proper handling and accounting of legal aid cases which practicing lawyers can represent. (b) The NCLA shall monitor the activities of the Chapter of the Legal Aid Office with respect to the coordination with Clerks of Court on legal aid cases and the collation of certificates submitted by practicing lawyers. (c) The NCLA shall act as the national repository of records in compliance with this Rule. (d) The NCLA shall prepare the following forms: certificate to be issued by the Clerk of Court and forms mentioned in Section 5(e) and (g). (e) The NCLA shall hold in trust, manage and utilize the contributions and penalties that will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this Rule. For this purpose, it shall annually submit an accounting to the IBP Board of Governors. The accounting shall be included by the IBP in its report to the Supreme Court in connection with its request for the release of the subsidy for its legal aid program. SECTION 7. Penalties. (a) At the end of every calendar year, any practicing lawyer who fails to meet the minimum prescribed 60 hours of legal aid service each year shall be required by the IBP, through the NCLA, to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a member of the IBP who is not in good standing. Upon approval of the NCLAs recommendation, the IBP Board of Governors shall declare the erring lawyer as a member not in good standing. Notice thereof shall be furnished the erring lawyer and the IBP Chapter which submitted the lawyers compliance report or the IBP Chapter where the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP.
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(b) The not in good standing declaration shall be effective for a period of three (3) months from the receipt of the erring lawyer of the notice from the IBP Board of Governors. During the said period, the lawyer cannot appear in court or any quasijudicial body as counsel. Provided, however, that the not in good standing status shall subsist even after the lapse of the threemonth period until and unless the penalty shall have been paid. (c) Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted motu proprio by the CBD. The said proceedings shall afford the erring lawyer due process in accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found administratively liable, the penalty of suspension in the practice of law for one (1) year shall be imposed upon him. (d) Any lawyer who falsifies a certificate or any form required to be submitted under this Rule or any contents thereof shall be administratively charged with falsification and dishonesty and shall be subject to disciplinary action by the CBD. This is without prejudice to the filing of criminal charges against the lawyer. (e) The falsification of a certificate or any contents thereof by any Clerk of Court or by any Chairperson of the Legal Aid Committee of the IBP local chapter where the case is pending or by the Director of a legal clinic or responsible officer of an NGO or PO shall be a ground for an administrative case against the said Clerk of Court or Chairperson. This is without prejudice to the filing of the criminal and administrative charges against the malfeasor. SECTION 8. Credit for Mandatory Continuing Legal Education (MCLE). A lawyer who renders mandatory legal aid service for the required number of hours in a year for the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: two (2) credit units for legal ethics, two (2) credit units for trial and pretrial skills, two (2) credit units for alternative dispute resolution, four (4) credit units for legal writing and oral advocacy, four (4) credit units for substantive and procedural laws and jurisprudence and six (6) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE.
A lawyer who renders mandatory legal aid service for the required number of hours in a year for at least two consecutive years within the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: one (1) credit unit for legal ethics, one (1) credit unit for trial and pretrial skills, one (1) credit unit for alternative dispute resolution, two (2) credit units for legal writing and oral advocacy, two (2) credit units for substantive and procedural laws and jurisprudence and three (3) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE. SECTION 9. Implementing Rules. The IBP, through the NCLA, is hereby given authority to recommend implementing regulations in determining who are practicing lawyers, what constitute legal aid cases and what administrative procedures and financial safeguards which may be necessary and proper in the implementation of this rule may be prescribed. It shall coordinate with the various legal chapters in the crafting of the proposed implementing regulations and, upon approval by the IBP Board of Governors, the said implementing regulations shall be transmitted to the Supreme Court for final approval. SECTION 10. Effectivity. This Rule and its implementing rules shall take effect on July 1, 2009 after they have been published in two (2) newspapers of general circulation.
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B.M. No. 1153

LETTER OF ATTY. ESTELITO P. MENDOZA PROPOSING REFORMS IN THE BAR EXAMINATIONS THROUGH AMENDMENTS TO RULE 138 OF THE RULES OF COURT RESOLUTION Sirs/Mesdames : Quoted hereunder, for your information, is a resolution of the Court En Banc dated March 9, 2010 "B.M. No. 1153 (Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar Examinations Through Amendments to Rule 138 of the Rules of Court). The Court Resolved to APPROVE the proposed amendments to Sections 5 and 6 of Rule 138, to wit:
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SEC. 5. Additional Requirement for Other Applicants. All applicants for admission other than those referred to in the two preceding sections shall, before being admitted to the examination, satisfactorily show that they have successfully completed all the prescribed courses for the degree of Bachelor of Laws or its equivalent degree, in a law school or university officially recognized by the Philippine Government or by the proper authority in the foreign jurisdiction where the degree has been granted. No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be admitted to the bar examination unless he or she has satisfactorily completed the following course in a law school or university duly recognized by the government: civil law, commercial law, remedial law, criminal law, public and private international law, political law, labor and social legislation, medical jurisprudence, taxation and legal ethics. A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon submission to the Supreme Court of certifications showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree; (b) recognition or accreditation of the law school by the proper authority; and (c) completion of all the fourth year subjects in the Bachelor of Laws academic program in a law school duly recognized by the Philippine Government. SEC. 6. Pre-Law. An applicant for admission to the bar examination shall present a certificate issued by the proper government agency that, before commencing the study of law, he or she had pursued and satisfactorily completed in an authorized and recognized university or college, requiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelor's degree in arts or sciences. A Filipino citizen who completed and obtained his or her Bachelor of Laws degree or its equivalent in a foreign law
school must present proof of having completed a separate bachelor's degree course. The Clerk of Court, through the Office of the Bar Confidant, is hereby directed to CIRCULARIZE this resolution among all law schools in the country." Very truly yours, (SGD.) MA. LUISA D. VILLARAMA Clerk of Court
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Republic Act No. 9999

AN ACT PROVIDING A MECHANISM FOR FREE LEGAL ASSISTANCE AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Short Title. - This Act shall be known as the "Free Legal Assistance Act of 2010". Section 2. Declaration of Policy. - It is the declared policy of the State to value the dignity of every human person and guarantee the rights of every individual, particularly those who cannot afford the services of legal counsel. Furthermore, it is the policy of the State to promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies and programs that provide adequate social services and improve the quality of life for all. In addition, the State shall guarantee free legal assistance to the poor and ensure that every person who cannot afford the services of a counsel is provided with a competent and independent counsel preferably of his/her own choice, if upon determination it appears that the party cannot afford the services of a counsel, and that services of a counsel are necessary to secure the ends of justice and protect of the party. Section 3. Definition of Terms. - As provided for in this Act, the term legal services to be performed by a lawyer refers to any activity which requires the application of law, legal procedure, knowledge, training and experiences which shall include, among others, legal advice and counsel, and the preparation of instruments
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Section 4. Requirements for Availment. - For purposes of availing of the benefits and services as envisioned in this Act, a lawyer or professional partnership shall secure a certification from the Public Attorney's Office (PAO), the Department of Justice (DOJ) or accredited association of the Supreme Court indicating that the said legal services to be provided are within the services defined by the Supreme Court, and that the agencies cannot provide the legal services to be provided by the private counsel. For purpose of determining the number of hours actually provided by the lawyer and/or professional firm in the provision of legal services, the association and/or organization duly accredited by the Supreme Court shall issue the necessary certification that said legal services were actually undertaken. The certification issued by, among others, the PAO, the DOJ and other accredited association by the Supreme Court shall be submitted to the Bureau of Internal Revenue (BIR) for purposes of availing the tax deductions as provided for in this Act and to the DOJ for purposes of monitoring. Section 5. Incentives to Lawyers. - For purposes of this Act, a lawyer or professional partnerships rendering actual free legal services, as defined by the Supreme Court, shall be entitled to an allowable deduction from the gross income, the amount that could have been collected for the actual free legal services rendered or up to ten percent (10%) of the gross income derived from the actual performance of the legal profession, whichever is lower: Provided, That the actual free legal services herein contemplated shall be exclusive of the minimum sixty (60)-hour mandatory legal aid services rendered to indigent litigants as required under the Rule on Mandatory Legal Aid Services for Practicing Lawyers, under BAR Matter No. 2012, issued by the Supreme Court. Section 6. Information, Education and Communication (IEC) Campaign. - The DOJ, in cooperation with the Philippine Information Agency (PIA), is hereby mandated to conduct an annual IEC campaign in order to inform the lawyers of the procedures and guidelines in
Section 7. Reportorial Requirement. - For purposes of determining the effectiveness and social impact of the provisions of this Act, the DOJ shall submit an annual report to both Houses of Congress indicating therewith the number of parties who benefited from this Act. The report shall state in detail, among others, the geographic location, demographic characteristics and socioeconomic profile of the beneficiaries of this Act. Section 8. Implementing Rules and Regulations (IRR). - Within ninety (90) days from the date effectivity of this Act, the BIR shall formulate the necessary revenue regulations for the proper implementation of the tax component as envisioned in this Act. The Supreme Court shall formulate the necessary implementing rules and regulations with respect to the legal services covered under this Act and the process of accreditation of organizations and/or associations which will provide free legal assistance. Section 9. Separability Clause. - If any provision of this Act is declared unconstitutional or invalid, the other provisions not affected by such declaration shall remain in full force and effect. Section 10. Repealing Clause. - Any law, decree, ordinance or administrative circular not consistent with any provision of this Act is hereby amended, repealed or modified accordingly. Section 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers of general circulation. Approved: FEB 23, 2010
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and contracts, including appearance before the administrative and quasi-judicial offices, bodies and tribunals handling cases in court, and other similar services as may be defined by the Supreme Court.
availing tax deductions and inform the general public that a free legal assistance to those who cannot afford counsel is being provided by the State.
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AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES Section 7. Prohibited Acts and Transactions. In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful: (a) Financial and material interest. - Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office. (b) Outside employment and other activities related thereto. - Public officials and employees during their incumbency shall not: (1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; (2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or (3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either: (1) To further their private interests, or give undue advantage to anyone; or (2) To prejudice the public interest. (d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office. As to gifts or grants from foreign governments, the Congress consents to: (i) The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy; (ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or (iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which he belongs. The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this subsection, including pertinent reporting and disclosure requirements. Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs subject to national security requirements.
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ANTI-GRAFT AND CORRUPT PRACTICES ACT Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the
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Section 2. Definition of terms. As used in this Act, that term (a) "Government" includes the national government, the local governments, the government-owned and governmentcontrolled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches. (b) "Public officer" includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined in the preceding subparagraph. (c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer's immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive. (d) "Person" includes natural and juridical persons, unless the context indicates otherwise. Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. (b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law. (c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another,
(d)
(e)
(f)
(g)
(h)
(i)
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principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto.
from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly
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unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong. (j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. (k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.
In any of the foregoing instances, the administrative case shall also be considered a disciplinary action against the respondent justice, judge or court official concerned as a member of the Bar. The respondent may forthwith be required to comment on the complaint and show cause why he should not also be suspended, disbarred or otherwise disciplinary sanctioned as a member of the Bar. Judgment in both respects may be incorporated in one decision or resolution. This Resolution shall supplement Rule 140 of the Rules of Court and shall take effect on the first day of October 2002. It shall apply to administrative cases already filed where the respondents have not yet been required to comment on the complaints. This Resolution shall be published in a newspaper of general Circulation in the Philippines. Very truly yours, (SGD.) LUZVIMINDA D. PUNO Clerk of Court
A.M. No. 02-9-02-SC

Re: Automatic Conversion of Some Administrative Cases Against justices of the Court of Appeals and the Sandiganbayan; judges of Regular and Special Courts; and Court Officials Who are Lawyers as Disciplinary Proceedings Against Them Both as Such Officials and as Members of the Philippine Bar Gentleman: Quoted hereunder, for your information, is a resolution of the Court dated SEPT 17 2002. A.M. No. 02-9-02-SC Re: Automatic Conversion of Some Administrative Cases Against justices of the Court of Appeals and the Sandiganbayan; Judges of Regular and Special Courts; and Court Officials Who are Lawyers as Disciplinary Proceedings Against Them Both as Such Officials and as Members of the Philippine Bar. Some administrative cases against justices of the Court of Appeals and the Sandiganbayan Judges of regular and special courts; and court officials who are lawyers are based on grounds which are likewise grounds for the disciplinary action of members of the Bar for violation of the Lawyer's Oath, the Code of Professional
A. M. No. 00-8-10-SC
September 4, 2001 RE: TRANSFER OF CASES FROM THE SECURITIES AND EXCHANGE COMMISSION TO THE REGIONAL TRIAL COURTS. RESOLUTION CLARIFICATION ON THE LEGAL FEES TO BE COLLECTED AND THE APPLICABLE PERIOD OF APPEAL IN CASES FORMERLY COGNIZABLE BY THE SECURITIES AND EXCHANGE COMMISSION Clarification has been sought on the legal fees to be collected and the period of appeal applicable in cases formerly cognizable by the Securities and Exchange Commission. It appears that the Interim Rules of Procedure on Corporate Rehabilitation and the Interim Rules of Procedure for Intra-Corporate Controversies do not provide the basis for the assessment of filing fees and the period of appeal in cases
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Responsibility; and the Canons of Professional Ethics, or for such other forms of breaches of conduct that have been traditionally recognized as grounds for the discipline of lawyers.
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transferred from the Securities and Exchange Commission to particular Regional Trial Courts. The nature of the above mentioned cases should first be ascertained. Section 3(a), Rule 1 of the 1997 Rules of Civil Procedure defines civil action as one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. It further states that a civil action may either be ordinary or special, both being governed by the rules for ordinary civil actions subject to the special rules prescribed for special civil actions. Section 3(c) of the same Rule, defines a special proceeding as a remedy by which a party seeks to establish a status, a right, or a particular fact. Applying these definitions, the cases covered by the Interim Rules for Intra-Corporate Controversies should be considered as ordinary civil actions. These cases either seek the recovery of damages/property or specific performance of an act against a party for the violation or protection of a right. These cases are: (1) Devices or schemes employed by, or any act of, the board of directors, business associates, officers or partners, amounting to fraud or misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, or members of any corporation, partnership, or association; (2) Controversies arising out of intra-corporate, partnership, or association relations, between and among stockholders, members or associates; and between, any or all of them and the corporation, partnership, or association of which they are stockholders, members or associates, respectively; (3) Controversies in the election or appointment of directors, trustees, officers, or managers of corporations, partnerships, or associations; (4) Derivative suits; and (5) Inspection of corporate books. On the other hand, a petition for rehabilitation, the procedure for which is provided in the Interim Rules of Procedure on Corporate Recovery, should be considered as a special proceeding. It is one that seeks to establish the status of a party or a particular fact. As provided in section 1, Rule 4 of the Interim Rules on Corporate Recovery, the status or fact sought to be established is the inability of the corporate debtor to pay its debts when they fall due so that a rehabilitation plan, containing the formula for the successful recovery of the corporation, may
be approved in the end. It does not seek a relief from an injury caused by another party. Section 7 of Rule 141 (Legal Fees) of the Revised Rules of Court lays the amount of filing fees to be assessed for actions or proceedings filed with the Regional Trial Court. Section 7(a) and (b) apply to ordinary civil actions while 7(d) and (g) apply to special proceedings. In fine, the basis for computing the filing fees in intra-corporate cases shall be section 7(a) and (b)l & 3 of Rule 141. For petitions for rehabilitation, section 7(d) shall be applied. Notwithstanding the foregoing, cases involving intra-corporate disputes and petitions for rehabilitation shall be entered, recorded and docketed in a single and special docket book separate from civil actions and special proceedings. As a reminder to the judges and clerks of court, the fees collected shall be allocated between the General Fund and the Judiciary Development Fund in accordance with the guidelines prescribed in Administrative Order No. 3-2000. Following the discussion above, the period of appeal provided in section 3, Rule 41 of the 1997 Rules of Civil Procedure for ordinary civil actions shall apply to cases involving intracorporate disputes. Corollarily, the period of appeal provided in paragraph 19(b) of the Interim Rules Relative to the Implementation of B.P. Blg. 129 for special proceedings shall apply to petitions for rehabilitation. This resolution shall take effect on October 1, 2001, fifteen (15) days after its publication in two (2) newspapers of general circulation. Promulgated this 4th day of September 2001.
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B.M. No. 2012

RULE ON MANDATORY LEGAL AID SERVICE SECTION 1. Title. - This Rule shall be known as "The Rule on Mandatory Legal Aid Service." SECTION 2. Purpose. - This Rule seeks to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them. Mandatory free legal service by members of the
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SECTION 3. Scope. - This Rule shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines. SECTION 4. Definition of Terms. - For purposes of this Rule: (a) Practicing lawyers are members of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, including but not limited to the National Labor Relations Commission, National Conciliation and Mediation Board, Department of Labor and Employment Regional Offices, Department of Agrarian Reform Adjudication Board and National Commission for Indigenous Peoples. The term "practicing lawyers" shall exclude: (i) Government employees and incumbent elective officials not allowed by law to practice; (ii) Lawyers who by law are not allowed to appear in court; (iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and (iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies. (b) Indigent and pauper litigants are those defined under Rule 141, Section 19 of the Rules of Court and Algura v. The Local Government Unit of the City of Naga (G.R. No.150135, 30 October 2006, 506 SCRA 81); (c) Legal aid cases are those actions, disputes, and controversies that are criminal, civil and administrative in nature in whatever stage wherein indigent and pauper litigants need legal representation;
SECTION 5. Requirements. (a) Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. However, where it is necessary for the practicing lawyer to render legal aid service for more than five (5) hours in one month, the excess hours may be credited to the said lawyer for the succeeding periods. For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for cases where he may render free legal aid service. He may also coordinate with the IBP Legal Aid Chairperson of the IBP Chapter to inquire about cases where he may render free legal aid service. In this
LEGAL ETHICS
bar and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants.
(d) Free legal aid services refer to appearance in court or quasi-judicial body for and in behalf of an indigent or pauper litigant and the preparation of pleadings or motions. It shall also cover assistance by a practicing lawyer to indigent or poor litigants in courtannexed mediation and in other modes of alternative dispute resolution (ADR). Services rendered when a practicing lawyer is appointed counsel de oficio shall also be considered as free legal aid services and credited as compliance under this Rule; (e) Integrated Bar of the Philippines (IBP) is the official national organization of lawyers in the country; (f) National Committee on Legal Aid (NCLA) is the committee of the IBP which is specifically tasked with handling legal aid cases; (g) Committee on Bar Discipline (CBD) is the committee of the IBP which is specifically tasked with disciplining members of the Bar; (h) IBP Chapters are those chapters of the Integrated Bar of the Philippines located in the different geographical areas of the country as defined in Rule 139-A and (i) Clerk of Court is the Clerk of Court of the court where the practicing lawyer rendered free legal aid services. In the case of quasijudicial bodies, it refers to an officer holding an equivalent or similar position. The term shall also include an officer holding a similar position in agencies exercising quasi-judicial functions, or a responsible officer of an accredited PO or NGO, or an accredited mediator who conducted the court-annexed mediation proceeding.
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(b)
(c)
(d)
(e)
connection, the IBP Legal Aid Chairperson of the IBP Chapter shall regularly and actively coordinate with the Clerk of Court. The practicing lawyer shall report compliance with the requirement within ten (10) days of the last month of each quarter of the year. A practicing lawyer shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid services in a case. The certificate shall contain the following information: (i) The case or cases where the legal aid service was rendered, the party or parties in the said case(s) for whom the service was rendered, the docket number of the said case(s) and the date(s) the service was rendered. (ii) The number of hours actually spent attending a hearing or conducting trial on a particular case in the court or quasi-judicial body. (iii) The number of hours actually spent attending mediation, conciliation or any other mode of ADR on a particular case. (iv) A motion (except a motion for extension of time to file a pleading or for postponement of hearing or conference) or pleading filed on a particular case shall be considered as one (1) hour of service. The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be retained by the practicing lawyer, one (1) copy to be retained by the Clerk of Court and one (1) copy to be attached to the lawyer's compliance report. Said compliance report shall be submitted to the Legal Aid Chairperson of the IBP Chapter within the courts jurisdiction. The Legal Aid Chairperson shall then be tasked with immediately verifying the contents of the certificate with the issuing Clerk of Court by comparing the copy of the certificate attached to the compliance report with the copy retained by the Clerk of Court. The IBP Chapter shall, after verification, issue a compliance certificate to the concerned lawyer. The IBP Chapter shall also submit the compliance reports to the IBPs NCLA for recording and documentation. The submission shall be made within forty-five (45) days after the mandatory submission of compliance reports by the practicing lawyers. Practicing lawyers shall indicate in all pleadings filed before the courts or quasi-
(f)
(g)
(h)
(i)
judicial bodies the number and date of issue of their certificate of compliance for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records. Before the end of a particular year, lawyers covered by the category under Section 4(a)(i) and (ii), shall fill up a form prepared by the NCLA which states that, during that year, they are employed with the government or incumbent elective officials not allowed by law to practice or lawyers who by law are not allowed to appear in court. The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Two Thousand Pesos (P2,000). Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program. Before the end of a particular year, lawyers covered by the category under Section 4(a)(iii) shall secure a certification from the director of the legal clinic or of the concerned NGO or PO to the effect that, during that year, they have served as supervising lawyers in a legal clinic or actively participated in the NGOs or POs free legal aid activities. The certification shall be submitted to the IBP Chapter or IBP National Office. Before the end of a particular year, lawyers covered by the category under Section 4(a)(iv) shall fill up a form prepared by the NCLA which states that, during that year, they are neither practicing lawyers nor covered by Section (4)(a)(i) to (iii). The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Four Thousand Pesos (P4,000) by way of support for the efforts of practicing lawyers who render mandatory free legal aid services. Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program. Failure to pay the annual contribution shall subject the lawyer to a penalty of Two Thousand Pesos (P2,000) for that year which amount shall also accrue to the special fund for the legal aid program of the IBP.
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SECTION 6. NCLA. (a) The NCLA shall coordinate with the various legal aid committees of the IBP local
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(c)
(d)
(e)
SECTION 7. Penalties. (a) At the end of every calendar year, any practicing lawyer who fails to meet the minimum prescribed 60 hours of legal aid service each year shall be required by the IBP, through the NCLA, to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a member of the IBP who is not in good standing. Upon approval of the NCLAs recommendation, the IBP Board of Governors shall declare the erring lawyer as a member not in good standing. Notice thereof shall be furnished the erring lawyer and the IBP Chapter which submitted the lawyers compliance report or the IBP Chapter where the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP. (b) The "not in good standing" declaration shall be effective for a period of three (3) months from the receipt of the erring lawyer of the notice from the IBP Board of Governors.
SECTION 8. Credit for Mandatory Continuing Legal Education (MCLE). - A lawyer who renders mandatory legal aid service for the required number of hours in a year for the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: two (2) credit units for legal ethics, two (2) credit units for trial and pretrial skills, two (2) credit units for alternative dispute resolution, four (4) credit units for legal writing and oral advocacy, four (4) credit units for substantive and procedural laws and jurisprudence and six (6) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(9), Rule 2 of the Rules on MCLE. A lawyer who renders mandatory legal aid service for the required number of hours in a year for at least two consecutive years within the three year-period covered by a compliance period under the Rules on MCLE shall be
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(b)
chapters for the proper handling and accounting of legal aid cases which practicing lawyers can represent. The NCLA shall monitor the activities of the Chapter of the Legal Aid Office with respect to the coordination with Clerks of Court on legal aid cases and the collation of certificates submitted by practicing lawyers. The NCLA shall act as the national repository of records in compliance with this Rule. The NCLA shall prepare the following forms: certificate to be issued by the Clerk of Court and forms mentioned in Section 5(e) and (g). The NCLA shall hold in trust, manage and utilize the contributions and penalties that will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this Rule. For this purpose, it shall annually submit an accounting to the IBP Board of Governors. The accounting shall be included by the IBP in its report to the Supreme Court in connection with its request for the release of the subsidy for its legal aid program.
During the said period, the lawyer cannot appear in court or any quasi-judicial body as counsel. Provided, however, that the "not in good standing" status shall subsist even after the lapse of the three-month period until and unless the penalty shall have been paid. (c) Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted motu proprio by the CBD. The said proceedings shall afford the erring lawyer due process in accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found administratively liable, the penalty of suspension in the practice of law for one (1) year shall be imposed upon him. (d) Any lawyer who falsifies a certificate or any form required to be submitted under this Rule or any contents thereof shall be administratively charged with falsification and dishonesty and shall be subject to disciplinary action by the CBD. This is without prejudice to the filing of criminal charges against the lawyer. (e) The falsification of a certificate or any contents thereof by any Clerk of Court or by any Chairperson of the Legal Aid Committee of the IBP local chapter where the case is pending or by the Director of a legal clinic or responsible officer of an NGO or PO shall be a ground for an administrative case against the said Clerk of Court or Chairperson. This is without prejudice to the filing of the criminal and administrative charges against the malfeasor.
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credited the following: one (1) credit unit for legal ethics, one (1) credit unit for trial and pretrial skills, one (1) credit unit for alternative dispute resolution, two (2) credit units for legal writing and oral advocacy, two (2) credit units for substantive and procedural laws and jurisprudence and three (3) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE. SECTION 9. Implementing Rules. - The IBP, through the NCLA, is hereby given authority to recommend implementing regulations in determining who are "practicing lawyers," what constitute "legal aid cases" and what administrative procedures and financial safeguards which may be necessary and proper in the implementation of this rule may be prescribed. It shall coordinate with the various legal chapters in the crafting of the proposed implementing regulations and, upon approval by the IBP Board of Governors, the said implementing regulations shall be transmitted to the Supreme Court for final approval. SECTION 10. Effectivity. - This Rule and its implementing rules shall take effect on July 1,2009 after they have been published in two (2) newspapers of general circulation.
Section 4. Standards of conduct and supervision. The law student shall comply with the standards of professional conduct governing members of the Bar. Failure of an attorney to provide adequate supervision of student practice may be a ground for disciplinary action. (Circular No. 19, dated December 19, 1986).
Presidential Decree No. 1829

PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS WHEREAS, crime and violence continue to proliferate despite the sustained vigorous efforts of the government to effectively contain them; WHEREAS, to discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders; NOW, THEREFORE, I, FERDINAND, E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law do hereby decree and order the following: Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases,
Rule 138-A
Law Student Practice Rule Section 1. Conditions for student practice. A law student who has successfully completed his 3rd year of the regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal education program approved by the Supreme Court, may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school. Section 2. Appearance. The appearance of the law student authorized by this rule, shall be under the direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic.
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Section 3. Privileged communications. The Rules safeguarding privileged communications between attorney and client shall apply to similar communications made to or received by the law student, acting for the legal clinic.
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(c)
(d)
(e)
(f)
(g)
(h)
or to be used in the investigation of, or official proceedings in, criminal cases; harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed. Section 2. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the penalties provided thereunder, suffer perpetual disqualification from holding public office. Section 3. This Decree shall take effect immediately. Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and eighty-one.
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- end of Legal Ethics -
TABLE OF CONTENTS
LEGAL FORMS
Table of Contents
Part I. Parts Common to Forms ..................108 A. Scilicet ...............................................108 B. Captions and Titles ...........................108 C. Prayer................................................109 D. Statements Under Oath ....................109 1. Acknowledgement and Jurat ........109 2. Verification ....................................111 3. Certification against Forum Shopping ......................................................112 4. Verified Statement of Material Dates 113 5. Specific Denial of Due Execution of Actionable Documents..................114 E. Request for and Notice of Hearing....114 F. Proof of Service.................................115 1. Proof of Personal Service .............115 2. Proof of Service by Registered Mail (with Explanation for failure to serve personally) ....................................115 G. Place, Date, Signature, Address, Roll Number, IBP Receipt Number, PTR Number, etc.......................................116 H. Notice of Appeal................................117 Part II. A. B. D. E. E. 1. 2. 3. 4. 5. Pleadings in Civil Procedure .........118 Complaint ..........................................118 Answer ..............................................120 Pre-Trial Brief ....................................122 Motions..............................................124 Special Civil Actions..........................132 Certiorari.......................................132 Prohibition ....................................133 Mandamus....................................134 Interpleader ..................................135 Action to Quiet (or Remove Cloud on) Title...............................................136 6. Action for Declaratory Relief ........137 7. Quo Warranto...............................138 IV. Pleadings and Other Legal Documents Common to Civil and Criminal Procedure. 150 A. Offer of Evidence and Opposition/Comment to Offer ........... 150 B. Demurrer to Evidence ....................... 152 C. Notice of Lis Pendens ....................... 154 D. Appearance and Withdrawal as Counsel ...................................................... 154 E. Substitution of Counsel ..................... 156 Part V. Pleadings in Cases and Special Proceedings.................................................. 157 A. Petition for Habeas Corpus............... 157 B. Petition for Adoption.......................... 158 C. Petition for Declaration of Nullity of Marriage ............................................ 158 D. Petition for Probate of Holographic Will .. ...................................................... 160 Part VI. Deeds, Contracts and Other Legal Documents.................................................... 161 A. General Power of Attorney................ 161 B. Special Power of Attorney................. 162 C. Contract of Lease.............................. 163 D. Holographic and Notarial Will ........... 164 E. Donation Inter Vivos.......................... 166 F. Secretarys Certificate....................... 167 G. Board Resolutions............................. 167 H. Deed of Assignment.......................... 168 I. Deed of Sale ..................................... 168 J. Dacion En Pago ................................ 173 K. Chattel Mortgage .............................. 174 Part VII. Appeals and Other Modes of Review 175 A. Ordinary Appeals in Civil Cases ....... 175 B. Ordinary Appeals in Criminal Cases. 175 C. Petitions for Review .......................... 176 Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data ........................... 177 A. Amparo.............................................. 177 B. Writ of Habeas Data.......................... 180 Glossary of Uncommon Terms................... 183
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Part III. Pleadings and Other Legal Documents in Criminal Procedure .............139 A. Complaint-Affidavit and CounterAffidavit..............................................139 B. Information and Complaint ................142 C. Motions..............................................145 1. Motion to Quash Information........145 2. Motion to Quash Search Warrant 146 3. Motion to Suppress Evidence ......147 4. Motion for Bail ..............................148 D. Application for Bail ............................149
Part I. PARTS COMMON TO FORMS
LEGAL FORMS
LEGAL FORMS TEAM

Prof. Theodore Te
Faculty Editor
NOTE THE BASIC DIFFERENCE BETWEEN: MOTIONS :: applications to the court for an (interlocutory or interim) order (for the adverse party or for third parties to do something) PLEADINGS :: written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment seek final reliefs

Lead Writer Don Maebo Writer
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LEGAL ETHICS and FORMS

Subject Editor
ACADEMICS COMMITTEE
Kristine Bongcaron Michelle Dy Patrich Leccio
Editors-in-Chief
Part I. Parts Common to Forms

A. B. C. D. SCILICET CAPTIONS AND TITLES PRAYER STATEMENTS UNDER OATH 1. Acknowledgement and Jurat 2. Verification 3. Certification against Forum Shopping 4. Verified Statement of Material dates 5. Specific Denial of Due Execution of Actionable Documents E. REQUEST FOR AND NOTICE OF HEARING F. PROOF OF SERVICE 1. Proof of Personal Service 2. Proof of Service by Registered Mail G. PLACE, DATE, SIGNATURE, ADDRESS, ROLL NUMBER, IBP RECEIPT NUMBER, PTR NUMBER, ETC. H. NOTICE OF APPEAL
PRINTING & DISTRIBUTION

Kae Guerrero
DESIGN & LAYOUT

Pat Hernandez Viktor Fontanilla Romualdo Menzon Jr. Rania Joya
LECTURES COMMITTEE
Michelle Arias Camille Maranan Angela Sandalo
Heads Katz Manzano Mary Rose Beley Sam Nuez Krizel Malabanan Arianne Cerezo Marcrese Banaag Volunteers
A. Scilicet
SCILICET, often abbreviated as S.S. or in a caption, is Latin for it is permitted to know. It refers to the venue of execution of the instrument or document, and is read as to wit or that is to say. Standard Form of a Scilicet:
REPUBLIC OF THE PHILIPPINES City/Municipality of ____________ ) S.S. )
MOCK BAR COMMITTEE

Lilibeth Perez
BAR CANDIDATES WELFARE

Dahlia Salamat
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head Loraine Mendoza Faye Celso Mary Mendoza Joie Bajo Members
B. Captions and Titles

CAPTION, a part of the pleading, sets forth: 1. the name of the court 2. the title of the action 3. the docket number, if assigned TITLE, on the other hand, indicates the names of the parties, who must be named in the original complaint or petition. But, in subsequent pleadings, it shall suffice if the name of the first party on each side be stated, in case there are other persons on each side. Their respective participation in the case must be specified.
General Form of a Caption and Title:
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 1, Manila ________________________________________, Plaintiff, -versusCivil Case No._______________ For _______________________
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________________________________________, Defendant. x-----------------------------------x
OR In case of a special proceeding, the Caption and Title looks like:

IN THE MATTER OF _______________________
C. Prayer
PRAYER WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages, Fifty Thousand Pesos (Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary damages, and Fifty Thousand Pesos (Php.50,000) for attorneys fees. Other just and equitable reliefs are also prayed for.
D. Statements Under Oath

1. Acknowledgement and Jurat ACKNOWLEDGMENT Based on the 2004 Rules on Notarial Practice: An act in which an individual on a single occasion: a. appears in person before the notary public and presents an integrally complete instrument or document; b. is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and c. represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity. Other Differences: Declaration that a person has himself executed a deed Purpose: JURAT An act in which an individual (the NOTARY PUBLIC) on a single occasion: a. appears in person before the notary public and presents an instrument or document; b. is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; e.g. government issued ID c. signs the instrument or document in the presence of the notary; and d. takes an oath or affirmation before the notary public as to such instrument or document. particularly re the due execution of the document
Certification that the instrument was sworn to him Purpose:
To authorize deed to be given in evidence without further proof of its execution To entitle it to be recorded Where used: - notarized document transmitting rights or property
To give the document a legal character
Note that one must specifically designate the nature/title of the instrument or deed the affiant has executed. Acknowledgement:
Republic of the Philippines ) City of Manila
th
) S.S.
BEFORE ME, this 13 day of April, 2007 in the City of Manila, Philippines, personally appeared ATTICUS FINCH, with [Valid Identification Document] (Drivers License No. N25-07-007777) issued by the [official agency] (Land Transportation Office) on 10 January 2007, known to me to be the same person who executed the foregoing instrument, and who acknowledged to me that the same is his free act and deed. IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and place written. (Sgd.) N. O. TARIO Notary Public Until __________________ PTR No. _______________ Issued at ______________ On ___________________ Doc. No. Page No. Book No. Series of 2007 NOTE: If the instrument consists of 2 or more pages, include the following after the 1 paragraph: This instrument, consisting of ___ pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page thereof by ___________ and his witnesses (if any), and sealed with my Notarial seal.
st
* The Notary Publics seal must be impressed on every page of the document notarized. Jurat:
SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of _________________, affiant exhibiting before me his Government Issued ID no. _______________ issued on __________________ at _____________________. (Sgd.) N. O. TARIO Notary Public Until __________________ PTR No. _______________ Issued at ______________ Doc. No. Page No. Book No. Series of 2007.
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Where used: - any notarized document * NOTE THAT if the document is subscribed before a public officer duly authorized to take oaths, then there is no need for the affiant to produce a CTC, nor for the entry into a Notarial Register; the italicized portion of the JURAT is dispensed with, but not the oath itself.
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* The use of Community Tax Certificates is now discouraged as it is far too easy to obtain and highly difficult to authenticate. Instead, what is now required to be stated is government issued identification or GIID (e.g., Drivers license, SSS/GSIS Identification etc.) * COMMON TO BOTH JURAT AND ACKNOWLEDGEMENT: 1. The Notary Public must sign and indicate his professional circumstances: (SGD.) X Notary Public For (Place) until (Date Commission Expires) PTR (Number)/(Date of Issue)/(Place of Issue) Address MCLE Compliance No. 2. Verification A pleading is VERIFIED by an affidavit that the affiant has read the pleading and that the allegations contained therein are true and correct of his personal knowledge or based on authentic records (Sec. 4, par. 2, Rule 7, RoC). The indispensable requirement of a Verification is the statement that the document is executed UNDER OATH. A verification based on information and belief or upon knowledge, information and belief is defective and the pleading is thus considered unverified/unsigned. Alternative Center for Organizational Reforms and Development, Inc. vs. Zamora (2005) :: The statement to the best of my knowledge are true and correct referring to the allegations in the petition does not mean mere knowledge, information and belief. It constitutes substantial compliance with the requirement of section 6 of Rule 7, as held in Madrigal vs. Rodas (80 Phil. 252.). At any rate, this petty technicality deserves scant consideration where the question at issue is one purely of law and there is no need of delving into the veracity of the allegations in the petition, which are not disputed at all by respondents. As we have held time and again, imperfections of form and technicalities of procedure are to be disregarded except where substantial rights would otherwise be prejudiced. Only duly authorized natural persons may execute verifications in behalf of juridical entities such as petitioners NGOs and peoples organizations. The pleadings required to be verified are as follows: 1. All pleadings under the Rules of Summary Procedure 2. Complaints for a. Forcible entry b. Unlawful detainer c. Replevin 3. Complaints with application for injunction or attachment 4. Answer to complaint or counterclaim based on actionable documents 5. Petitions for a. Certiorari b. Prohibition c. Mandamus d. Habeas Corpus e. Change of Name 2. At the end of every notarized document, the following entries indicating the details of recording of the document in his Notarial Book must appear: Doc. No. Page No. Book No. Series of (Year)
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VERIFICATION Republic of the Philippines ) City of _______________ ) S.S.
C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and states that: 1. He is the plaintiff in the pleading/document entitled (pleading/document being verified) 2. He has caused its preparation 3. He has read it and the allegations therein are true and correct of his own knowledge or based on authentic records. (Sgd.) C.K. HILFIGER PLUS: Jurat
3. Certification against Forum Shopping

Under Rule 7, Sec. 5, the plaintiff or principal party must certify under oath in the complaint, initiatory pleading, or sworn certification that: 1. he has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending there 2. if there is such other pending action or claim, a complete statement of its present status, and 3. if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days to the court where his complaint or pleading was filed. Failure to comply with this requirement is not curable by mere amendment but shall be cause for dismissal w/o prejudice, UNLESS otherwise provided, upon motion and after hearing. Submission of a false certification or noncompliance with its undertakings shall constitute indirect contempt of court, without prejudice to corresponding administrative and criminal actions. Alternative Center for Organizational Reforms and Development, Inc. vs. Zamora (2005) :: While the requirement of the certificate of non-forum shopping is mandatory, nonetheless the requirements must not be interpreted too literally and thus defeat the objective of preventing the undesirable practice of forum-shopping (Bernardo v. NLRC, 255 SCRA 108 [1996]). Lastly, technical rules of procedure should be used to promote, not frustrate justice. While the swift unclogging of court dockets is a laudable objective, the granting of substantial justice is an even more urgent ideal. San Miguel Corporation vs. Aballa (2005) :: While the general rule is that the certificate of non-forum shopping must be signed by all the plaintiffs or petitioners in a case and the signature of only one of them is insufficient,the Supreme Court has stressed that the rules on forum shopping, which were designed to promote and facilitate the orderly administration of justice, should not be interpreted with such absolute literalness as to subvert its own ultimate and legitimate objective. Strict compliance with the provisions regarding the certificate of non-forum shopping merely underscores its mandatory nature in that the certification cannot be altogether dispensed with or its requirements completely disregarded. It does not, however, thereby interdict substantial compliance with its provisions under justifiable circumstances. Philippine Rabbit Bus Lines, Inc. vs. Aladdin Transit Corp. (2006) :: The requirement of verification and certification against forum shopping are mandatory, failure to comply with which is sufficient ground for the dismissal of the petition. Revised Circular No. 28-9 in fact requires all petitions filed with the SC or CA to, not only comply with Rule 45, but also to certify under oath all of the following facts or undertakings: (a) he has not theretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agencies; (b) to the best of his knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or different Divisions thereof, or any other tribunal or agency; (c) if there is such other action or proceeding pending, he must state the status of the same; and (d) if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different Divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and such other tribunal or agency of that fact within five (5) days therefrom. Abaigar vs. Abaigar (2006) :: A certification against forum shopping by counsel and not by the principal party himself is no certification at all. It is a defective certification which is tantamount to non-compliance with the requirement prescribed by the Rules of Court and constitutes a valid cause for the dismissal of the petition. This is because it is the petitioner and not the counsel who is in the best position to know whether he actually filed or caused the filing of the petition. The appellate court, strictly speaking, was, therefore, correct when it dismissed the petition in this case. There have been instances, however, that the Rule on the matter has been relaxed, such as when the petitioner was at the time of the filing of the petition abroad (Donato vs. Court of Appeals), or where the interest of substantial justice so requires (Sy Chin vs. Court of Appeals) and (Paul Lee Tan vs. Paul Sycip and Merritto Lim). In fine, when the interest of substantial justice overrides the procedural lapse, the Rule on the matter may be relaxed.
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CERTIFICATION AGAINST FORUM SHOPPING Republic of the Philippines ) City of _______________
) S.S.
(Sgd.) C.K. HILFIGER PLUS: Jurat
* The Verifications in 2,3,4 and 5 can be contained in one document, if they are required in the same pleading, as shown here: Combined Verification and Certification against Forum Shopping:
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________. (Sgd.) C.K. HILFIGER PLUS: Jurat
4. Verified Statement of Material Dates

This statement, referring to the date when the Decision or Judgment was received, is added to the standard Verification and Certification Against Forum Shopping in special civil actions. * Rule 65, section 6, par. 2 expressly makes Rule 56, section 2 applicable to petitions for certiorari, mandamus and prohibition. Rule 56, section 2 provides that Rules 46, 48, 49, 51, 52 and 56 apply. Rule 46, section 3 provides that the petition must be accompanied not only by a certified true copy of the judgment or order questioned but also by such material portions of the record as are referred to therein, and other documents, relevant or pertinent thereto.
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in such capacity, caused this Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision] of the Court on 13 April 2007; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on _____________. (Sgd.) C.K. HILFIGER PLUS: Jurat
LEGAL FORMS
C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that: 1. He is the plaintiff in the case entitled (title of the case); 2. He certifies that he has not commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency; 3. To the best of his knowledge, there is no such pending action or claim; 4. If he should learn that a similar action or claim has been filed or is pending he shall report such fact within five (5) days from the discovery to this Honorable Court.
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5. Specific Denial of Due Execution of Actionable Documents

Under Rule 8, Sec. 7, RoC, the substance of an actionable document, upon which an action or defense is based, must be presented in any of three ways: (1) by setting it forth in the pleading; (2) by by attaching the original or a copy of the document to the pleading as an exhibit; or (3) by setting forth a copy, with like effect, in the pleading. Under Rule 8, Sec. 8, to contest such an actionable document, the genuineness and due execution of the instrument must be deemed admitted, UNLESS, the adverse party, UNDER OATH, SPECIFICALLY DENIES them, and sets forth what he claims to be the facts; but the requirement of an oath does not apply, when the adverse party does not appear to be a party to
I, (Name), do hereby state under oath that: 1. I am the (designation of party) in this case; in said capacity, I received a copy of the (adverse pleading) on (date). 2. I caused this (name of pleading) to be prepared; 3. I have read its contents and affirm their truth, based on my own personal knowledge and the records at hand, all of which I have personally read; 4. I specifically deny the authenticity and due execution of the following actionable documents referred to in the (adverse pleading) and attached to it as Annex (number). 5. I have not commenced any action between the same parties and for the same issues in any other court, nor is any such action pending; 6. Should I learn of any such action, I undertake to report this to the court within 5 days from my knowledge; TO THE TRUTH OF THE FOREGOING, I have signed this Verification and Certification on (date). PLUS: JURAT.
the instrument or when compliance with an order for an inspection of the original document is refused. Under Sec. 10 thereof, the defendant must specify each MATERIAL ALLEGATION OF FACT, the truth of which he does not admit and, whenever practicable, he must set forth the substance of the matters upon which he relies to support his denial. Where a defendant desires to deny only a part of an averment, he must specify so much of it as is true and material and shall deny only the remainder. However, where a defendant is without knowledge or information, sufficient to form a belief as to the truth of a material averment made in the complaint, he must so state, and this shall have the effect of a denial. Allegations not specifically denied are deemed admitted as per Sec. 11, Rule 8, RoC.
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E. Request for and Notice of Hearing

The NOTICE OF HEARING is both a REQUEST and a NOTICE. It is a REQUEST for the Branch Clerk of Court to include the motion in the calendar for hearing on a specific date and a NOTICE to the opposing counsel of the hearing date requested. In non-litigious motions or ex-parte motions, it is sufficient that the request not contain a date, and instead simply include the line counsel will submit the motion to the court for approval immediately upon receipt.
REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Quezon City, Branch 39 Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the courts calendar for hearing on Friday, 13 April 2007 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon City Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in the morning. (Sgd.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street, Quezon City
F. Proof of Service 1. Proof of Personal Service

Copy furnished through personal service: Atty. Mitch McDeere Counsel for the Defendant 2 The Firm Laguna Street, Quezon City
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2. Proof of Service by Registered Mail (with Explanation for failure to serve personally)
Pursuant to Sec. 11 & 13, Rule 13, RoC, a WRITTEN EXPLANATION is required, if the service and filing of pleadings and other papers is done by registered mail instead of by personal service. But, this explanation is not required in papers coming from the court. Otherwise, the paper may be considered as not filed. Also, the explanation does not have to be verified, but it MUST be signed. However, in the Supreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanation and the Affidavit of Service.
Copy furnished through registered mail: Atty. Mitch McDeere Counsel for the Defendant 2 The Firm Laguna Street, Quezon City Registry Receipt No. ________ Post Office ________________ Date _____________________ EXPLANATION The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Mitch McDeere by registered mail instead of personal service as counsel for petitioner only has one messenger and personal service would have resulted in the motion not being filed on time to the detriment of petitioner. (Sgd.) ATTICUS FINCH Republic of the Philippines ) City of _______________ ) s.s. AFFIDAVIT I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________, after being duly sworn, deposes and states: That on ______________________, I served a copy of the following pleadings/papers by registered mail in accordance with Section 10, Rule 13 of the Rules of Court: Nature of Pleading/Paper ________________________ ________________________ in Case No. _________________ entitled ____________________ by depositing a copy in the post office in a sealed envelope, plainly addressed to (name of party or his/her attorney) at _______________ with postage fully paid, as evidenced by Registry Receipt No. _____________________ attached and with instructions to the post master to return the mail to sender after ten (10) days if undelivered. TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City of Manila, Philippines. (Sgd.) HARPER LEE Affiant PLUS: Jurat
G. Place, Date, Signature, Address, Roll Number, IBP Receipt Number, PTR Number, etc.
As per A.M. NO. 07-6-5-SC, counsels must now indicate in their pleadings or other legal documents their contact details aside from address, i.e., telephone, fax, mobile or email address. As per SC En Banc Resolution on Bar Matter No. 1132 dated Nov. 12, 2002, all pleadings must indicate the ff: 1. Roll of Attorneys number of counsel 2. Current Professional Tax Receipt number (PTR No.) 3. IBP Official Receipt or Life Member number
City of Manila, 13 April 2007. Atty. Mitch McDeere Counsel for the Defendant 2 The Firm, Laguna Street, Quezon City, Metro Manila (Telephone, Fax, Email) Roll No. PTR OR No., date and place of issue IBP OR No., date and place of issue MCLE Compliance/Exemption No.
LEGAL FORMS
As per Bar Matter No. 1922, MCLE compliance or exemption number for the specific compliance period must be stated; failure to do so may mean dismissal of the case or expunction of the pleading. (Note: this came as a result of Justice Nachuras letter to the SC noting the diminished interest in the MCLE)
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H. Notice of Appeal
A Notice of Appeal is filed with the court, which rendered the judgment or decision being assailed, and NOT with the appellate court. Its caption must refer to the said lower court and not with the latter court. This is filed with the trial court that rendered the judgment and not the appellate court. The caption of this Notice must thus refer to the same court that rendered the judgment and not the appellate court.
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CAPTION
NOTICE OF APPEAL Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the lower court dated 13 April 2007, a copy of which he received on 26 April 2007. Quezon City, 2 May 2007. (Sgd.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street, Quezon City Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 1, Manila TALO NAN, Plaintiff, Civil Case No. 00222 - versus PANA LO, Defendant. x------------------------- x NOTICE OF APPEAL PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this Honorable Court dated 6 July 2006, a copy of which he received on 16 July 2006, for being contrary to law and the evidence presented. Quezon City for Manila; 17 July 2006. (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] Copy furnished: MITCH MCDEERE Counsel for Defendant
Part II. PLEADINGS IN CIVIL PROCEDURE
Part II. Pleadings in Civil Procedure

A. B. C. D. E. COMPLAINT ANSWER PRE-TRIAL BRIEF MOTIONS SPECIAL CIVIL ACTIONS 1. Certiorari 2. Prohibition 3. Mandamus 4. Interpleader 5. Action to Quiet (or Remove Cloud on) Title 6. Action for Declaratory Relief 7. Quo Warranto
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A. Complaint
A complaint MUST include all of the following: 1. Caption and Title 2. Parties/Capacity of Parties 3. Material Allegations of Ultimate Facts 4. Statement of Cause(s) of Action An ANSWER states the defense/s, admissions/specific denials (if a responsive pleading), counterclaim/crossclaim, where appropriate. 5. Prayer/Reliefs 6. Date/Place of Execution 7. Signature of Counsel As discussed in I.G, the signature of counsel must also indicate his address, contact details (telephone, fax, mobile or email address), Roll of Attorneys number, current PTR number, IBP O.R. number and MCLE compliance/exemption number. Under Sec. 3, Rule 7, RoC, the signature of counsel constitutes his certification that he has read the Sample Complaint for Ejectment with Damages: [1] Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Quezon City, Branch 33 ALIS DI-YAN COMPANY, Plaintiff, - versus YOKO NGA, Defendant. x ----------------------------------- x Civil Case No. 2222 For: Ejectment pleading; that to the best of his knowledge, information and belief, there is good ground to support it; and that it is not interposed for delay. An unsigned pleading produces no legal effect. BUT, the court may, in its discretion, allow such deficiency to be remedied, if it shall appear that the same was due to mere inadvertence and not intended for delay. A counsel, who deliberately files an unsigned pleading, or signs a pleading in violation of this Rule, or alleges scandalous or indecent matter therein or fails to promptly report to the court a change of his address, must be subject to appropriate disciplinary action. 8. Verification and Certification Against Forum Shopping A complaint MUST state in the body AND in the prayer the AMOUNT OF DAMAGES sought. This requirement is jurisdictional, failure to comply with which is a fatal mistake.
COMPLAINT PLAINTIFF, by counsel, respectfully states that: [2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France with business address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with summons and other pertinent processes. [3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January 2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX A. 3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the lease as it would use the property for its business expansion; plaintiff then asked defendant to vacate the premises. A copy of plaintiffs letter to defendant is attached as ANNEX B. [4] 4. Despite demand duly made and received, defendant has refused to vacate the premises and continues to occupy the property without plaintiffs consent. [Although this statement is unnecessary in this particular sample complaint, this merely exemplifies how this fact is alleged: Resort to the Barangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C.] 5. Defendants act of dispossession has caused plaintiff to suffer material injury because plaintiffs business expansion plans could not be implemented despite the arrival of machineries specifically leased for this purpose at the rental rate of US$500 per month. Defendants continued occupation of the premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos (P50,000.00). [5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos (P50,000.00) for Attorneys fees. Other just and equitable reliefs are also prayed for. [6] Quezon City; 13 April 2007. [7] (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] [Other Details under I.G.] PLUS: 1. [8] Verification and Certification against Forum Shopping 2. Jurat
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B. Answer
An answer MUST include all of the following: 1. Caption 2. Denials/Admission 3. Statement of Affirmative Allegations 4. Statement of Affirmative/Negative Defenses 5. Counterclaim, Cross-claim 6. Prayer/Relief 7. Date/Place of Execution 8. Signature of Counsel 9. Verification 10. Certification against Forum Shopping 11. Proof of Service Sample Answer with Compulsory Counterclaim:
[1] Regional Trial Court National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 33, Quezon City ALIS DI-YAN COMPANY, Plaintiff, - versus YOKO NGA, Defendant. x ----------------------------------- x ANSWER (With COUNTERCLAIM) DEFENDANT, by counsel, respectfully states that: Admissions/Denials [2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically denies the contents insofar as plaintiffs personal circumstances for the reason stated in the Affirmative Defenses below. 2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into but specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses below. 3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specifically denies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonable belief as to its truth or falseness.. 4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses below. Affirmative Defenses [4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that the Complaint should be dismissed because: 5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the Philippines without a license. 5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was, before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant the parcel of land in question, a copy of which is attached as ANNEX 1. Civil Case No. 2222 For : Ejectment
In general, an Answer needs no verification. BUT, if it interposes a specific denial of an actionable document, then the Answer must be verified.
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Counterclaim [5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to relief arising from the filing of this malicious and baseless suit, as follows: 6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his name and reputation were besmirched by this malicious and baseless suit. 6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he was compelled to secure services of counsel to vindicate his legal rights. [6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the Complaint and granting defendants counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages, and (b) Fifty Thousand as Attorneys Fees. Other just and equitable reliefs are prayed for. [7] Quezon City; 13 April 2007. [8] (Sgd.) MITCH MCDEERE Counsel for Defendant [Address] [9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di-yan Company for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read its contents and affirm that they are true and correct to the best of my own personal knowledge; [To specifically deny an actionable document: I specifically deny the genuineness and due execution as well as the binding effect of the actionable documents pleaded by plaintiiff;] I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) days from my notice. IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007. (Sgd.) YOKO NGA PLUS: 1. 2.
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Jurat (IF any document is denied) [11] Proof of Service (personal service or service by registered mail)
Sample Cross-claim and Corresponding Prayer, simply add:

[5] Crossclaim 7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material and additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO in the event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorized agent of plaintiff in the sale of the property and, acting as such, received consideration, in the form of the purchase price, from defendant. [6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by 1. dismissing the Complaint, and 2. granting defendants counterclaim by awarding defendant a. One Million Pesos (Php.1,000,000) as Moral Damages, and b. Fifty Thousand Pesos (Php.50,000) as Attorneys Fees. 3. In the event that defendant is made liable to plaintiff on the Complaint, he further prays that codefendant MANGGA GANTSO be made liable to indemnify defendant in the same amount under the Crossclaim.
D. Pre-Trial Brief
Under Sec. 6, Rule 18, RoC, a Pre-Trial Brief must include all of the ff: 1. Statement of Willingness to Enter into Amicable Settlement or Alternative Modes of Dispute Resolution and the Desired Terms 2. Summary of Admitted Facts and Proposed Stipulation of Facts 3. Issues to be Tried or Resolved 4. Documents or Exhibits to be Presented and Their Purpose 5. Manifestation of their Having Availed or their Intention to Avail Themselves of Discovery Procedures or Referral to Commissioners 6. Number and Names of the Witnesses, and the Substance of their Respective Testimonies. 7. Available Trial Dates The filing and service of the pre-trial brief on the adverse party must be done in such manner as shall ensure the receipt of the same at least 3 DAYS before the date of the pre-trial.
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 - versus LAKISA HIRAP, Defendant. x ------------------------------------- x
Failure to file the pre-trial brief is tantamount to failure to appear at the pre-trial. Pre-trial is now mandatory in criminal cases based on Rule 118, the 2000 Rules on Criminal Procedure and Republic Act No. 8493 (The Speedy Trial Act), although neither the law nor the Rules require the submission of a Pre-Trial Brief in criminal cases (in practice, courts also do not require the submission of a pre-trial brief in criminal cases). Consequently, the requirement of a pre-trial brief and the consequences for failure to submit one (e.g., non-suit or dismissal) appear to pertain exclusively to civil cases. There is no need to attach a Notice of Hearing for a Pre-Trial Brief.
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PRE-TRIAL BRIEF DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows: [1] I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff, defendant is open to the possibility of amicably settling this dispute. 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that the desired terms of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendants obligations to plaintiff and, second, a schedule of payments. II. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%) arising allegedly from unpaid orders delivered to defendant variously in 1989. 2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action because of :
2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the real party in interest under Rule 3, section 2 of the 1997 Rules of Civil Procedure; 2.2.2. Extinguishment of the alleged claim made by the entity Regency Furniture. 2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos (PHP100,000.00) as attorneys fees. [2] III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES 3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the demand letter. 3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or even thereafter, defendant admits no other facts stated in the Complaint. [3] IV. ISSUES TO BE TRIED 4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof: 4.1.1. Plaintiffs personality to seek legal relief; 4.1.2. Plaintiffs entitlement to the amount claimed; 4.2. Defendant submits that the following issues she put forward are subject to proof: 4.2.1. Plaintiffs bad faith in filing this suit; 4.2.2. Defendants entitlement to the claims made in her Compulsory Counterclaim as a result of plaintiffs bad faith; V. EVIDENCE [6] 5.1. Defendant intends to present the following witnesses: 5.1.1. Defendant herself, who will testify on the true circumstances leading to the filing of this suit against her; 5.1.2. An employee of Topless Enterprises with personal knowledge as to the true circumstances behind the alleged obligations due and owing in favor of plaintiff. [4] 5.2. Defendant reserves the right to present any and all documentary evidence which shall become relevant to rebut plaintiffs claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie plaintiffs witnesses, if necessary. VI. RESORT TO DISCOVERY [5] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery at this time. 6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves the right to resort to discovery before trial. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for Defendant [Address] Copy furnished: Atty. MA BOLA Counsel for Plaintiff
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E. Motions
Under Sec. 2, Rule 15, RoC, all motions, save for those made in open court or in the course of a hearing or trial, must be in writing. Under Secs. 3-6 & 9, Rule 15, RoC, a motion MUST include all of the ff: 1. Ground(s) 2. Argument(s) 3. Prayer/Relief 4. Notice of Hearing In motions filed before the Supreme Court and the Court of Appeals, a Notice of Hearing is NOT required. This part DIFFERS in an Ex Parte Motion to Set Case for Pre-Trial BECAUSE in such a motion, this part does NOT contain a date of hearing, because this is a motion, which the Court may act upon without prejudicing the rights of the adverse party, and because this is precisely an ex parte motion, as per Rule 18, Sec. 1. 5. Proof of Service If service is done by registered mail, instead of by personal service, then the motion must include a WRITTEN EXPLANATION, which need not be verified, as long as it is SIGNED. An AFFIDAVIT OF SERVICE is required in the Supreme Court, so it may be practical to combine the Explanation and the Affidavit of Service. 6. Attachments (if any) These include supporting affidavits and other papers to prove facts alleged in the motion. The pleading or motion sought to be admitted via a MOTION FOR LEAVE to file a pleading or motion must be attached. 7. Verification (in certain cases) A written motion required to be heard and the notice of the hearing thereof must be served in such a way as to ensure its receipt by the other party at least 3 DAYS before the date of hearing, UNLESS the court for good cause sets the hearing on shorter notice. It must also be addressed to all parties concerned. The hearing must not be later than 10 DAYS after the filing of the motion. Under Sec. 8, Rule 15, RoC on OMNIBUS MOTIONS, a motion attacking a pleading, order, judgment or proceeding must include ALL objections then available; all objections not so included are deemed waived. Under Sec. 10, Rule 15, RoC, the rules applicable to pleadings shall apply to written motions as far as caption, designation, signature and other matters of form, are concerned.
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Sample Motion to Dismiss (with request for and notice of hearing):

Republic of the Philippines National Capital Judicial Region METROPOLITAN TRIAL COURT Branch 39, Quezon City LAKI ASSET COMPANY, Plaintiff, - versus DAMI UTANG CORPORATION, Defendant. x --------------------------------------- x MOTION TO DISMISS DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the Complaint fails to state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following: [2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1 January 2006; defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00), representing the balance of the proceeds due plaintiff under the said Marketing Agreement. 2. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein; the period of one (1) year has not expired. Consequently, plaintiffs claim is premature as there is yet no breach of the Marketing Agreement until the period expires and the quota is not attained. For this reason, plaintiffs Complaint states no cause of action and must be dismissed. [3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action. Other just and equitable reliefs are also prayed for. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for Defendant [Address] [4] REQUEST FOR & NOTICE OF HEARING THE BRANCH CLERK OF COURT Metropolitan Trial Court Branch 39, Quezon City Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the courts calendar for hearing on Friday, 27 April 2007 at 8:30 in the morning. ATTICUS FINCH 1 MockingBird Street Timog Avenue, Quezon City Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning. (Sgd.) MITCH MCDEERE Counsel for Defendant 2 The Firm Laguna Street, Quezon City PLUS:[5] Proof of Service Civil Case No. 3333 For: Sum of Money
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A MOTION FOR JUDGMENT ON THE PLEADINGS, being a litigious motion, must request for a a specific hearing date. Notice thereof must be given to adverse party through counsel. Sample Motion for Judgment on the Pleadings:
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City LAKISA LAYAW, Plaintiff, - versus LAKISA HIRAP, Defendant. x ------------------------- x MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiiff, by counsel, respectfully states that: 1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred Thousand Pesos (P900,000.00). [1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he was asking to be given an extension of time to pay his obligation but that plaintiff instead filed this Complaint. The Answer admits the material allegations of the Complaint and has not tendered any issue; consequently, a judgment on the pleadings may be rendered. [3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his favor. Quezon City; 13 April 2007. (Sgd.) ATTICUS FINCH Counsel for the Plaintiff [Address] PLUS: [4] Request for and Notice of Hearing [5] Proof of Service Civil Case No. 97-31312 For: Sum of Money
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Under Rule 18, Sec. 1, RoC, it is now mandatory on the part of the plaintiff to move ex parte for setting of pre-trial. Note that the motion is expressly denominated as ex parte, i.e., no need for hearing. Sample Ex Parte Motion to Set for Pre-Trial:
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City LAKISA LAYAW, Plaintiff, Civil Case No. 97-31312 - versus LAKISA HIRAP, Defendant. x ------------------------- x EX PARTE MOTION TO SET CASE FOR PRE-TRIAL PLAINTIFF, by counsel, respectfully states that: [1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the issues to be joined. [2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules on Civil Procedure, plaintiff respectfully asks that this case be set for pre-trial. [3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date convenient to this Honorable Court. Quezon City; 13 April 2007. (Sgd.) ATTICUS FINCH Counsel for the Plaintiff [Address] [4] REQUEST AND NOTICE THE BRANCH CLERK OF COURT Regional Trial Court Branch 39, Quezon City Please submit the foregoing to the Court for its approval immediately upon receipt hereof. Copy furnished: MITCH MCDEERE, ESQ. 2 The Firm Laguna Street, Quezon City Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt. (Sgd.) ATTICUS FINCH Counsel for the Plaintiff PLUS: [5] Proof of Service
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Sometimes, a MOTION FOR POSTPONEMENT is considered a non-litigious motion; thus, the request and notice need not specify a date of hearing and simply state that it is being submitted for approval immediately upon receipt. Although, the better practice would be to file such a motion early so as to be able to set it for hearing and approval by the court. Sample Motion for Postponement:
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City DILA TORY, Plaintiff, Civil Case No. 008877 - versus PASEN SYOSO, Defendant. x ------------------------- x MOTION FOR POSTPONEMENT PLAINTIFF, by counsel, respectfully states that: 1. This case is set for trial on 5 May 2007 at 8:30 in the morning. [1] 2. On said date and time, the undersigned counsel will be unable to appear before this Honorable Court as he has also been directed to appear on this date and time before the Regional Trial Court of Makati City, Branch 139 for People of the Philippines v. Bil Moko, Criminal Case No. 009988, where he is scheduled to terminate crossexamination of the prosecutions expert witness who will be available only on said date and time. [2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits that his attendance in the Makati case becomes indispensable; otherwise, the accused in said case would be deprived of the opportunity to confront and cross-examine a vital witness against her. 4. This motion is prompted only by the foregoing reason and not for delay. [3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be POSTPONED to another date convenient to this Honorable Court. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for the Plaintiff [Address] PLUS: [4] Request for and Notice of Hearing [5] Proof of Service
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When filing a MOTION FOR EXTENSION OF TIME, it is always preferable to not only state the number of additional days sought, but also the new deadline, so that it can be used as a personal reminder of the new deadline. Sample Motion for Extension of Time:
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City DILA TORY, Plaintiff, Civil Case No. 008877 - versus PASEN SYOSO, Defendant. x ------------------------------------ x MOTION FOR EXTENSION OF TIME PLAINTIFF, by counsel, respectfully states that: 1. He has been directed to file a Reply to defendants Answer by 10 May 2007. [1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due date because of the tremendous pressure of other equally urgent professional work requiring the preparation of pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For this reason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply. 3. This motion is not intended for delay but is motivated only by the foregoing reason. [3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 May 2007, or until 25 May 2007, within which to submit plaintiffs Reply. Quezon City; 13 April 2007. (Sgd.) MITCH MCDEERE Counsel for Plaintiff [Address] PLUS: [4] Request for and Notice of Hearing [5] Proof of Service
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The defendant, who is to be declared in default, is entitled to be notified of the MOTION TO DECLARE DEFENDANT IN DEFAULT and the order declaring him/her in default; thereafter, he loses the right to receive any other notices except for judgment in default. Sample Motion to Declare Defendant in Default:
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ---------------------------------- x MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel, respectfully states that: 1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on defendant on 20 March 2007, as indicated by the Sheriffs Return of even date, a copy of which is attached as ANNEX A. [1 & 2] 2. Defendants reglementary period to file Answer ended on 5 April 2007; no motion for extension of such period was filed nor was any granted motu proprio by this Honorable Court. Despite the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. [3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner. Quezon City; 7 April 2007. (Sgd.) DARTH SIDIOUS Counsel for Plaintiff [Address] PLUS: [4] Request for and Notice of Hearing [5] Proof of Service
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Although not required, the following sample MOTION TO LIFT ORDER OF DEFAULT includes paragraph numbers 1 & 2, which give a short summary of the material antecedents, so that the argument and the basis for the relief sought is clear and placed in context. Sample Motion to Lift Order of Default:
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 39, Quezon City ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ---------------------------------- x MOTION TO LIFT ORDER OF DEFAULT DEFENDANT, by counsel, respectfully states that: 1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss on the ground that plaintiffs claim is outside the jurisdictional amount of this Honorable Court under the new Expanded Jurisdiction Act and that the Complaint should properly be filed and tried before the Metropolitan Trial Court. The Motion to Dismiss, which was received by plaintiffs counsel on 25 March 2007, was set for hearing on 10 April 2007, as indicated on the Request for and Notice of Hearing. 2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared defendant in default on 7 April 2007 based solely on plaintiffs Motion, filed two (2) days after the supposed lapse of the reglementary period, which, however, was tolled by the filing of a Motion to Dismiss. [1 & 2] 3. Under the circumstances, the order of default is premature and without legal and factual basis as: (a) defendant has not failed to file an Answer within the reglementary period, (b) the reglementary period has not lapsed because of the filing of the Motion to Dismiss within the period, and (c) the pendency of the Motion to Dismiss is prejudicial to the issue of defendants default. Consequently, the order of default should be lifted. [3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED and that this Honorable Court resolve her Motion to Dismiss. Quezon City; 8 April 2007. (Sgd.) OBI WAN KENOBI Counsel for Defendant [Address] PLUS: [4] Request for and Notice of Hearing [5] Proof of Service
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E. Special Civil Actions

Under Sec. 4, Rule 65, RoC, a petition for CERTIORARI, PROHIBITION or MANDAMUS may be filed not later than 60 DAYS from notice of the judgment, order or resolution sought to be assailed in the Supreme Court or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person, in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate jurisdiction, or in the Sandiganbayan if it is in aid of its jurisdiction. If it involves the acts or omissions of a quasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed in and cognizable only by the Court of Appeals.
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1. Certiorari
Under Rule 65, RoC, a certiorari MUST include the ff: 1. Names of petitioner and respondent 2. Grounds 3. Prayer/Relief 4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates ADD the date when the Decision or Judgment was received 5. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition as well as all documents, relevant or pertinent thereto Standard Form of a Certiorari (with Injunction and/or TRO):
(Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: [1] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) 2. (State the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) [2] 3. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.) 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. [3] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act, decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction and/or temporary restraining order issue to ENJOIN any further proceedings by respondents. Quezon City; 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: [4] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates [5] Attachments
2. Prohibition
Under Rule 65, RoC, a prohibition MUST include the ff: 1. Names of petitioner and respondent 2. Grounds 3. Prayer/Relief 4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates ADD the date when the Decision or Judgment was received 5. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition Standard Form of a Prohibition:
(Caption and Title) PETITION PETITIONER, by counsel, respectfully states that: [1] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.) 2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied.) [2] 3. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.) 4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be entitled to the writ.) 5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. 6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A. [3] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing respondent/s to desist and refrain from further proceedings in the premises, and that after due notice and hearing, a writ of prohibition issue directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter). Quezon City; 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates
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3. Mandamus
Under Rule 65, RoC, a mandamus MUST include the ff: 1. Names of petitioner and respondent 2. Grounds 3. Prayer/Relief 4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates 5. Attachments a. Certified true copies of the judgment/order subject of petition b. All material portions of the record as would support the petition
(Caption and title) PETITION PETITIONER, by counsel, respectfully states that: [1] 1. (State the capacity of petitioner and respondent/s and their addresses.) [2] 2. (State the facts and circumstances whereby respondent/s unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled.) 3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition. [3] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus issue commanding respondent/s forthwith to: (state the act required to be done), with costs against them. Quezon City; 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: [4] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates
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4. Interpleader
INTERPLEADER :: an action filed by a person, who claims no interest whatsoever upon a subject matter or who has an undisputed whole or partial interest in a subject matter, upon which several others have conflicting claims, against such other persons, to compel them to interplead and litigate their several claims among themselves (Sec. 1, Rule 62, RoC, restated) Under Rule 62, a complaint in interpleader MUST include all of the ff: 1. Parties Petitioner, who must claim no interest or has an interest not disputed by claimants; and claimants over the same subject matter 2. Material Allegations of Ultimate Facts facts showing conflicting claims made on the same subject matter over which petitioner claims no interest or an interest that is not disputed by claimants 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping In the following sample complaint in interpleader, note the boldfaced phrase. It is important to allege this because otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint in Interpleader which would be determined by the value of the property. In this way, plaintiff will not be unduly prejudiced by the costs of the suit. Sample Complaint in Interpleader:
NALI LITO, Plaintiff, SCA No. ____________ - versus UMA AGAW and INA AGAWAN, Defendants. x --------------------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while defendants reside at _______________ and _______________, respectively, where they may be served with pertinent notices. [2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true owner is. The watch is now in plaintiffs possession. On or about 5 June 1999, defendants made similar representations to plaintiff as to ownership of the watch. 3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of defendants and thus seeks to compel defendants to interplead and litigate their several claims between themselves. [3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants to interplead with one another to determine their respective rights and claims and to allow plaintiff to recover his expenses for safekeeping and the costs of this suit, as first lien upon the subject matter of this action. [4] Quezon City; 7 July 2007. [5] (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping
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5. Action to Quiet (or Remove Cloud on) Title

Under Sec. 1(2), Rule 63, RoC, an action to quiet (or remove cloud on) title MUST include all of the following: 1. Parties Any person interested under a deed, will, contract or other writing, before breach thereof, and who stands to suffer injury by operation of the said deed, will, contract or other writing 2. Material Allegations of Ultimate Facts facts showing interest under a deed, will, contract or other written instrument and injury arising from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occurred; may also show facts showing need to reform instrument, quiet title (arising from conflicting claims or cloud thereon) or to consolidate ownership (as when property under pacto de retro not redeemed) 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping Sample Action to Quiet (or Remove Cloud on) Title:
IN RE: QUIETING OF TITLE OVER THE PROPERTY COVERED BY TCT NO. 12345 SCA No. 1357 NALI LITO, as Special Administrator of the Estate of the deceased DAMI LUPA, Petitioner, UMA AGAW, Respondent. x ------------------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: [1] 1. He is the special administrator of the estate of the deceased DAMI LUPA. [2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of the respondent dated _____________, and particularly described, as follows: (Describe property) covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the title as the only encumbrance thereon. 3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No. 2468, a copy of which is attached. 4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful heirs of the deceased upon the said property. Equity demands that the said Deed of Sale be surrendered and cancelled, as it is a cloud upon the title of the deceased and his lawful heirs. [3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the Estates favor by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345 removed. [4] Quezon City; 7 July 2007. [5] (Sgd.) MITCH MCDEERE Counsel for Petitioner [Address] PLUS: [6] Verification and Certification against Forum Shopping
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6. Action for Declaratory Relief

Under Sec. 1(1), Rule 63, RoC, an action for declaratory relief must include all of the following: 1. Parties Any person interested under a deed, will, contract or other writing, before breach thereof, and who stands to suffer injury by operation of the said deed, will, contract or other writing 2. Material Allegations of Ultimate Facts facts showing interest under a deed, will, contract or other written instrument and injury arising from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occurred; may also show facts showing need to reform instrument, quiet title (arising from conflicting claims or cloud thereon) or to consolidate ownership (as when property under pacto de retro not redeemed) 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping Sample Action for Declaratory Relief:
INA API, Plaintiff, - versus THE CITY COUNCIL OF QUEZON CITY, Defendant. x --------------------------- x COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served with notices at Quezon City Hall. [2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to operate cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1,000.00 for each offense in addition to impounding of the cellular phone unit. The relevant portions of the Ordinance are, as follows: (Quote the relevant portions) 3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the authorities to stop even urgent and important calls which may be made only while the person is in transit. It fails to consider that, due to the worsening traffic conditions in Metro Manila, majority of business is conducted in transit and over cellular phones. Plaintiff is a lawyer who frequently has to dictate important pleadings over the phone while in transit due to the worsening traffic condition. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the Ordinance. 4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he is unsure of the instances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead to confiscation and a fine. [3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and declare plaintiffs rights and duties under the Ordinance. [4] Quezon City; 7 July 2007. [5] (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping Civil Case No. 2468
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7. Quo Warranto
Under Rule 66, RoC, a petition for quo warranto MUST include all of the following: 1. Parties a. Solicitor General, when directed by President or motu propio; b. Person claiming to be entitled to public office or position usurped or unlawfully held or exercised by another against the alleged usurping public officer; 2. Material Allegations of Ultimate Facts - facts showing usurpation of office and facts showing entitlement of petitioner to the office 3. Prayer/Relief 4. Date/Place of Execution 5. Signature of Counsel 6. Verification and Certification against Forum Shopping Standard Form of Petition for Quo Warranto:
(Caption and title) COMPLAINT PLAINTIFF, by counsel, respectfully states that: [1] 1. (State the capacity and address of both plaintiff and defendant.) [2] 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully occupying a public office and that plaintiff is entitled to hold the same office.) 3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so.) [3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and excluding defendant from occupying the office of ____________ and declare that plaintiff is entitled to the said office and that he be placed forthwith in possession thereof. [4] Quezon City; 7 July 2007. [5] (Sgd.) ATTICUS FINCH Counsel for the Plaintiff [Address] PLUS: [6] Verification and Certification against Forum Shopping
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Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE
Part III. Pleadings and Other Legal Documents in Criminal Procedure

A. COMPLAINT-AFFIDAVIT AND COUNTERAFFIDAVIT B. INFORMATION AND COMPLAINT C. MOTIONS 1. Motion to Quash Information 2. Motion to Quash Search Warrant 3. Motion to Suppress Evidence 4. Motion for Bail D. APPLICATION FOR BAIL
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A. Complaint-Affidavit and Counter-Affidavit

Both a COMPLAINT-AFFIDAVIT and a COUNTER-AFFIDAVIT must include all of the following: 1. Identity of Affiant and Other Personal Circumstances 2. Statement of Venue 3. Factual Allegations to Show Violation or Defense A complaint-affidavit shows the violation, while a counter-affidavit shows the defense. 4. Signature of Affiant 5. Verification 6. Certification as to Personal Examination of Affiant Under Sec. 3(a), Rule 112, 2000 Rules on Criminal Procedure, the affidavit must be subscribed and sworn to before a prosecutor, or a government official authorized to administer an oath, or in their absence or unavailability, a Notary Public, each of whom must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits. 7. Supporting Documents/Affidavits A COMPLAINT-AFFIDAVIT or a COUNTER-AFFIDAVIT, like any other affidavit, must be based on the affiants personal knowledge. To resolve the problem of the affiants lack of personal knowledge as to legal answers, affiant may simply state the fact that he was assisted by counsel and say I was advised by counsel that Sample Complaint-Affidavit:
Republic of the Philippines ) City of Makati ) S.S. COMPLAINT-AFFIDAVIT [1] I, MA SELAN, of legal age, Filipino, with assistance of counsel, and [2] resident of 4 Privet Drive, Triple X Village, Makati, do hereby state under oath that: 1. I am a member of the Triple X Village Homeowners Association (Association) and was formerly a Director and Corporate Secretary of the Association. [3] 2. I accuse and hereby charge MR. MA INGAY, residing at 5 Privet Drive, Triple X Village, Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when he publicly, maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on 27 January 2007. This is attested to by the following exchange that transpired between Mr. Ingay and the other members of the Board in attendance: (Quote Exchange) Attached as ANNEX A is a copy of the official transcript of the meeting. 3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retract his remarks. Consequently, a Certification to File Action was issued by the Barangay Chairperson, a copy of which is attached as ANNEX B.
4. There is no other person named Ma Selan residing at Triple X Village nor is there any other person named Ma Selan who has acted as Board Member of the Association. Consequently, Mr. Ingays public and defamatory utterance was clearly a reference to me and to no other. 5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public meeting are clearly insulting and defamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, no doubt that Mr. Ingays use of the word swindled was deliberate as his explanation and clarification a few utterances thereafter would show. Mr. Ingays remarks are also very serious as they cast aspersions on my reputation, character and very person before my peers and fellow homeowners. 6. Mr. Ingays remarks have injured my name, reputation and character before my neighbors and peers. While my name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetimes effort to build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannot be allowed to simply go scot-free without bearing the consequences of his acts. For this reason, I am also holding Mr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal damages, Five Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand Pesos (P500,000.00) in exemplary damages. TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April 2007. [4] (Sgd.) MA SELAN Complainant-Affiant [5] SUBSCRIBED AND SWORN TO BEFORE ME this 13 day of April 2007. (Sgd.) Investigating Prosecutor
th
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[6] CERTIFICATION I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT. (Sgd.) Investigating Prosecutor
Sample Counter-Affidavit:
Republic of the Philippines ) City of Makati ) S.S. COUNTER-AFFIDAVIT Re: I.S. No. 1613 [1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath that: 1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since his election to the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs and activities of his Office. [2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for estafa, filed by a certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for Quezon City. 3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit, which made the Mayor their Honorary Chairman with no direct functions; he has been supporting their activities financially with voluntary contributions. [3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no factual nor legal basis to charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA GULANGs malicious lies, I set forth the true circumstances leading to the transaction below: 4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for him; I informed her that he was not around. I took a message from her saying that she was a friend of the Mayor and that she was selling Nextel units and if we wanted to buy units from her. I informed her that both the Mayor and I had our units already; she then told me if the Mayor could refer her to prospective clients. When the Mayor arrived, I relayed the message to him.
4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could assist in securing Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able to meet, as a result. 4.3. On that day, Ms. Gulang brought the units to the Mayors Office; she met with Mr. Gantso inside the Mayors office. They transacted business inside the Mayors Office and only passed by my office on their way out. 4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paid her the amount of P11,000.00 for the units. Somewhat embarrassed by this, I called Mr. Gantso and told him to pay Ms. Gulang; he assured me that he would pay her but that he just needed to collect money from the rest of the group. 4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not yet paid, I gave her the telephone number of Gantso so that she could just call him directly. But even then, I would still get calls from Ms. Gulang; and when she started to get angry over the telephone, I set up an appointment for Mr. Gantso to meet with her at the Office. 4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso had yet to pay; I would follow up with Mr. Gantso but he simply gave me this promise that he would pay. 5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I did was to refer Ms. Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms. Gulang was paid due simply to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for an obligation. 6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms. Gulang. I performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315. If at all, any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextel units (which Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to the Office of the Mayor, not to me. 7. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the crime of Estafa or that any crime at all has been committed. The Complaint against me should, thus, be dismissed. TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 2007. [4] (Sgd.) MA LABO Affiant
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PLUS: [5] Verification [6] Certification
B. Information and Complaint

INFORMATION an accusation in writing, charging a person with an offense, subscribed by the prosecutor and filed with the court (Sec. 4, Rule 110, RoC) need not be under oath BUT it must be signed and subscribed by the prosecutor, who shall certify THAT he has conducted the required PI valid, when signed by the prosecutor, who is authorized to conduct PI of the offense committed within his jurisdiction COMPLAINT a sworn written statement, charging a person with an offense, subscribed by the offended party, any peace officer or other public officer, charged with the enforcement of the law violated (Sec. 3, Rule 110, RoC) must be under oath BUT lack of oath is not a formal defect and will not invalidate judgment PREVAILS, in case of conflict between the information and the complaint filed, thus, omissions made in the complaint, though corrected in the information, are fatal (People vs. Oso, 1935) A complaint for purposes of PI by the fiscal need NOT be filed by the offended party. Unless the offense subject thereof is one that cannot be prosecuted de oficio, the complaint may be filed, for PI purposes, by any competent person. The complaint referred to in Rule 110 contemplates one filed in court, not with the fiscal, and in such case, the proceeding must be started by the aggrieved party himself. (Ebarle vs. Sucaldito)
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GENERALLY, a criminal action is commenced by complaint or information, both of which are filed in court. A complaint must be filed by the offended party, while an information must be filed by the fiscal. But a "complaint" filed with the fiscal prior to a judicial action may be filed by any person (Ebarle vs. Sucaldito). Under Sec. 11, 1991 Revised Rules on Summary Procedure, criminal cases covered by the said rules are commenced by filing EITHER a complaint or information. BUT, in Metro Manila and in chartered cities, a criminal case can only be commenced by filing an INFORMATION, EXCEPT when the offense cannot be prosecuted de oficio. Under Sec. 1(b), 1991 Revised Rules on Summary Procedure, the said criminal cases include VIOLATIONS of traffic laws, rules and regulations; rental law; municipal or city ordinances; and Batas Pambansa Blg. 22 and ALL other criminal cases, where the punishment is imprisonment for not longer than 6 months and/or fine of not more than P1,000. Provided, that offenses involving damage to property through criminal negligence cost (damage) no more than P10,000. ALSO, the 1991 Revised Rules on Summary Procedure does NOT apply to a criminal case, where the offense charged is necessarily related to another criminal case subject to the ordinary procedures. Under Secs. 6-13, Rule 110, 2000 Rules on Criminal Procedure, an INFORMATION MUST include all of the following: 1. Parties a. Name of Offended Party b. Name of Accused 2. Designation of Offense by Statute 3. Acts or Omissions Complained of as Constituting the Offense including a statement of the qualifying or aggravating circumstances 4. Approximate Time of the Commission of the Offense 5. Place of Commission 6. Signature of Prosecutor (for Information) 7. Signature of Offended Party, Peace Officer or Public Officer Charged with Enforcement of the Law (for Complaint) 8. NOTE: If Information is filed after inquest (and not preliminary investigation), ADD:
Note that the oath made by the ACP or prosecutor is administered by a public officer authorized to administer an oath (i.e., the City Prosecutor in the sample below). Thus, the JURAT does not contain any reference to the CTC details. Sample Information for Bigamy (with Certificate of Preliminary Investigation or Inquest):
(Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus PI KUTIN, Accused. x ---------------------------------------- x INFORMATION The Undersigned accuses PI KUTIN of the crime of Bigamy, committed as follows: That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, being then legally married to BIL MOKO, and without such marriage having been legally dissolved and thus valid and existing, did wilfully, unlawfully and felicitously contract a second marriage with ASA WA in the City of Quezon. CONTRARY TO LAW. <+ allegation of any aggravating circumstances> Criminal Case No. 00567 For: Bigamy
ELLIOT NESS Assistant City Prosecutor
CERTIFICATE OF PRELIMINARY INVESTIGATION I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law; that I examined the Complainant and her witnesses; that there is reasonable ground to believe that the offense charged had been committed and that the accused is probably guilty thereof; that the accused was informed of the Complaint and of the evidence submitted against him and was given the opportunity to submit controverting evidence; and that the filing of this Information is with the prior authority and approval of the City Prosecutor. ELLIOT NESS Assistant City Prosecutor
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SUBSCRIBED AND SWORN TO BEFORE ME this 9 day of August 2006 in Quezon City. AL CAPONE City Prosecutor Bail Recommended: P10,000.00
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a. Place where accused is actually detained b. Full name and address of evidence custodian c. Detailed description of recovered items, if any 9. Verification 10. Certification of Preliminary Investigation or Inquest The Certification of Preliminary Investigation is appended to an Information filed after a full blown PI is conducted. On the other hand, as per DOJ Circular No. 61 (September 21, 1993; New Rules on Inquest), Sec. 14, the Certification as to Conduct of Inquest is filed, if the accused was arrested without a warrant and refused/failed to execute a written waiver of the provisions of Art. 125, RPC, in which case, the ACP should have conducted an INQUEST and not a PI.
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Sample Information for Theft:

(Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus KLEPTO MANIAC, Accused. x --------------------------------------------- x INFORMATION The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows: That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, then 11 years old and without any known address, willfully, unlawfully and feloniously, with intent to gain, without force upon things or violence upon persons and without the knowledge and consent of MA ALAHAS, the owner, took a gold necklace studded with diamonds valued at One Hundred Thousand Pesos (P100,000.00) to the prejudice of said owner. CONTRARY TO LAW. ELLIOT NESS Assistant City Prosecutor CERTIFICATION AS TO CONDUCT OF INQUEST I hereby certify that the accused was lawfully arrested without a warrant and that, upon being informed of his rights, refused to waive the provisions of Article 125 of the Revised Penal Code and, for this reason, an Inquest was conducted; that based on the complaint and the evidence presented before me without any countervailing evidence submitted by the accused, despite opportunity to do so, there is reasonable ground to believe that the accused has committed the crime of theft and should, thus, be held for said crime; that this Information was with the prior authority of the City Prosecutor. ELLIOT NESS Assistant City Prosecutor SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City. AL CAPONE City Prosecutor Criminal Case No. 00567 For: Theft
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Sample Information for Attempted Rape:

(Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus MAEL SIA, Accused. x --------------------------------------------- x INFORMATION The undersigned accuses MAEL SIA of attempted rape committed as follows: That on or about 6 June 2005, in Quezon City, the accused did then and there wilfully, unlawfully and feloniously enter the house of SEK SEE, a married woman, and finding that her husband was away, with lewd designs and by means of force and intimidation, commenced directly by overt acts to commit the crime of attempted rape upon her person, to wit: while SEK SEE was cooking lunch, the accused seized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and attempted to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests and vigorous resistance brought her neighbors to her assistance, causing the accused to flee from the premises without completing all the acts of execution. CONTRARY TO LAW with the aggravating circumstance of dwelling. ELLIOT NESS Assistant City Prosecutor PLUS: Certification of Preliminary Investigation or Inquest Criminal Case No. 00567 For: Attempted Rape
C. Motions 1. Motion to Quash Information

A motion to quash information MUST include all of the following: 1. Caption and Title 2. Parties 3. Distinct Specification of Factual and Legal Grounds for Quashal 4. Relief 5. Date/Place 6. Signature of Counsel 7. Notice of Hearing 8. Affidavit of Service Sample Motion to Quash Information:
[1] Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, - versus KLEPTO MANIAC, Accused. x ------------------------------------------ x MOTION TO QUASH [2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on the following: [3] GROUNDS 1. 2. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL JUSTIFICATION; THIS COURT IS WITHOUT JURISDICTION. Criminal Case No. 00567 For: Theft
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In support, the accused respectfully states that: ARGUMENT The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without any known address. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen, unless he acted with discernment, is exempt from criminal liability. There is no allegation that the accused acted with discernment. Even granting said discernment, the accused cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that a minor, unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried but instead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to commit the minor to the custody or care of a public or private benevolent or charitable institution for the care and education of homeless and delinquent children or to the custody of the Department of Social Work and Development. [4] WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that the accused be released immediately from detention. [5] Quezon City; 7 July 2007. [6] (Sgd.) MITCH MCDEERE Counsel for the Accused [Address] PLUS: [7] Request for and Notice of Hearing [8] Proof of Service
2. Motion to Quash Search Warrant

Under Sec. 14, Rule 126, RoC, a MOTION TO QUASH SEARCH WARRANT may be filed in and acted upon only by the court where the action is filed. If no action has yet been filed, it may be filed with the court that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case is then filed in another court, the motion may be resolved by such other court. A motion to quash search warrant MUST include all of the following: 1. Caption and Title 2. Distinct Specification of Factual and Legal Grounds for Quashal a. Failure to comply with form prescribed by law b. Served beyond period c. More than one offense d. No personal determination of probable cause by Judge e. No probable cause 3. Relief 4. Place/Date 5. Signature of Counsel 6. Notice of Hearing 7. Proof of Service Sample Motion to Quash Search Warrant:
[1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus VIG CHAN, Accused. x ---------------------------------------------- x MOTION TO QUASH SEARCH WARRANT The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued by this Honorable Court on and dated 12 July 2006 based on the following considerations: [2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void. 2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11 day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is void and must, thus, be quashed. [3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III, Section 3(2) in relation to section 2 of the 1987 Constitution. [4] Quezon City; 25 July 2006. [5] (Sgd.) MA TAPANG Counsel for Accused [Address] PLUS: [6] Request for and Notice of Hearing [7] Proof of Service
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Criminal Case No. 00022 For: Libel
3. Motion to Suppress Evidence

Under Sec. 14, Rule 126, RoC, a MOTION TO QUASH SEARCH WARRANT may be filed in and acted upon only by the court where the action is filed. If no action has yet been filed, it may be filed with the court that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case is then filed in another court, the motion may be resolved by such other court. A motion to suppress evidence MUST include all of the following: 1. Caption and Title 2. Distinct Specification of Factual and Legal Grounds for Suppression a. Search without witnesses b. Served beyond period c. More than 1 offense d. No receipt e. No inventory f. Property not subject of seizure g. Not evidence in plain view 3. Prayer/Relief 4. Place/Date 5. Signature of Counsel 6. Notice of Hearing 7. Proof of Service
[1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus VIG CHAN, Accused. x ---------------------------------------------- x MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July 2006, pursuant to Search Warrant No. 1122 issued by this Honorable Court dated 12 July 2006, based on the following considerations: [2] 1. Search Warrant No. 1122 was served on the 11th day and is, thus, void. 2. The motor vehicle seized does not fall within the property that may lawfully be seized. Discussion [1] Search Warrant No. 1122 was served on the 11th day and is, thus, void. 1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void. 2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11 th day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is void. 3. No valid seizure may be made under a void warrant. For this reason, the following objects must be suppressed: [list items] [2] The motor vehicle seized does not fall within the property that may lawfully be seized. 4. On the occasion of the search, the searching party also seized accuseds green Jaguar XJE with license plate, No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and kept at the PNP Motor Pool. 5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is no relation between Criminal Case No. 00022 For: Libel
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the motor vehicle and libel.
6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither could there be a seizure of evidence in plain view. [3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1122 be declared INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to Section 2 of the 1987 Constitution. Furthermore, it is prayed that the Green Jaguar XJE with license plate No. 1" be immediately returned to the accused. [4] Quezon City; 25 July 2006. [5] (Sgd.) MA TAPANG Counsel for Accused [Address] PLUS: [6] Request for and Notice of Hearing [7] Proof of Service
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4. Motion for Bail

A motion for bail MUST include all of the following: 1. Caption and Title 2. Parties 3. Specification of Grounds for Entitlement to Bail The allegation in this regard would invariably be to the effect that the evidence of guilt is not strong and the relief prayed for would be a bail hearing and the subsequent admission to bail. 4. Prayer/Relief 5. Place/Date 6. Signature of Counsel 7. Notice of Hearing 8. Proof of Service
[1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus NAKA PIIT, Accused. x ------------------------------------------ x MOTION FOR BAIL [2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the [3] prosecutions evidence of his guilt is not strong. In support, he respectfully submits the following: 1. The Information alleges that he raped the private complainant on 25 December 2005 at his residence in Quezon City. The prosecutions own evidence, however, belies this allegation as: (a) the medical certificate (attached as ANNEX A to the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma; (b) the medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the accused, two (2) days after the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted for close to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict each other such that her credibility must be placed in doubt. 2. For these reasons, there is no basis to conclude that the accused raped the private complainant as there is less than circumstantial evidence of this fact. He is, thus, entitled to bail as a matter of right. WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during which the prosecution should be directed to present its evidence to show the strength of its evidence of the accuseds guilt, and (2) thereafter, grant the accused reasonable bail. Other just and equitable reliefs are also prayed for. Quezon City; 7 July 2007. (Sgd.) MITCH MCDEERE Counsel for the Accused [Address] PLUS: Request for and Notice of Hearing Criminal Case No. 00567 For: Murder
D. Application for Probation

An application for probation MUST include all of the following: 1. All the Requirements as in Ordinary Motions 2. Grounds for Probation (See PD 968, as amended) 3. Prayer/Relief 4. Verification by Applicant 5. Notice of Hearing
[1] (Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus RECY DIVIST, Accused. x ---------------------------------------------- x APPLICATION FOR PROBATION THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of Presidential Decree No. 968, as amended. In support of this application, the accused respectfully submits the following: 1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located at Timog Avenue, Quezon City. On 23 February 2007, she pleaded guilty to the offense charged herein; consequently, this Honorable Court in its Order dated 8 March 2007 sentenced accused-applicant to an indeterminate penalty ranging from three (3) years to five (5) years of prision correccional. [2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of the disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically: 2.1. She has not been convicted of any crime against national security or public order; 2.2. She has not been previously convicted by final judgment of an offense punishable by imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two Hundred Pesos (P200.00); 2.3. She has not previously applied for nor had been previously placed under probation under Presidential Decree No. 968. 2.4. She has not started to serve her sentence and, to date, has not filed any Notice of Appeal from the Order of conviction. 3 Finally, granting this application will not in any way depreciate the seriousness of the offense charged nor cause any undue risk that during the period of probation, accused-applicant will commit another crime. Moreover, accused-applicant does not need any correctional treatment requiring commitment to an institution. [3] WHEREFORE, accused-applicant respectfully prays that her application for probation be GRANTED and that she be placed under probation under such terms and conditions necessary to attain and ensure the objectives of the law and which, under the circumstances, are fair, just and reasonable in the sound discretion of this Honorable Court. Quezon City for Pasig City; 12 March 2007. (Sgd.) ATTICUS FINCH Counsel for Accused [Address] PLUS: [4] Verification [5] Request for and Notice of Hearing Criminal Case No. 114878
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IV. Pleadings and Other Legal Documents Common to Civil and Criminal Procedure
A. OFFER OF EVIDENCE AND OPPOSITION/COMMENT TO OFFER B. DEMURRER TO EVIDENCE C. NOTICE OF LIS PENDENS D. APPEARANCE AND WITHDRAWAL AS COUNSEL E. SUBSTITUTION OF COUNSEL
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st
A. Offer of Evidence and Opposition/Comment to Offer

A FORMAL OFFER OF EVIDENCE (also called FORMAL OFFER OF DOCUMENTARY EXHIBITS) applies to criminal and civil cases. In criminal cases, the private prosecutor has no personality to formally offer the evidence, NOR to do anything in a criminal case, as everything is done under the direction and control of the public prosecutor. Thus, the offer is made in the name of the PROSECUTION. This is always made in TABLE or COLUMN form, such that it would be easier for the Court to see the Exhibit No., Description and Purpose but, for Bar purposes, this would not be practicable nor practical. HOWEVER, the Offer MUST contain the Exhibit Number, a description of the Exhibit and the Purpose of Offer. Furthermore, every legal document MUST be signed by BOTH the public prosecutor and the private prosecutor. It would also be acceptable to have the Offer, prepared by a private prosecutor, signed by the public prosecutor to show his CONFORMITY thereto. If the question calls for an Offer of Evidence by the Accused/Defense, then the proper 1 par. should read: The Accused (Defendant), by counsel, respectfully offers his/her documentary exhibits in support of his/her defenses, as follows:. This is a common mistake for any legal document submitted by a private prosecutor. It is important to remember that the private prosecutor has no personality to do anything in a criminal case as everything is under the control and direction of the public prosecutor. Thus, every legal document must be signed by both the public prosecutor and the private prosecutor. Note that it would also be acceptable to have the Offer that is prepared by a private prosecutor signed by the public prosecutor to show his conformity thereto. Sample Formal Offer of Evidence:
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 90, Quezon City PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 000011 - versus RECY DIVIST, Accused. x ------------------------------------------ x FORMAL OFFER OF EVIDENCE THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their documentary exhibits in support of their case-in-chief: 1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signatureto prove that on the date and time stated in the affidavit, the accused issued a post-dated check in the amount of One Million Pesos (P1,000,000.00) which, on presentment for payment, was dishonored for lack of insufficient funds; to prove authorship and the authenticity of the sworn statement; and as part of the testimony of the private complainant. 2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million
Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of accused on face of the checkto prove the issuance of the check, the amount stated, the reason for dishonor and the identity of the issuer. The marked copies of Exhibits A and B are already part of the record. WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as proof of the facts therein stated and in support of its case-in-chief and for all other relevant purposes. Quezon City; 7 July 2007. ELLIOT NESS Public Prosecutor Copy furnished: MITCH MCDEERE Counsel for Accused ATTICUS FINCH Private Prosecutor
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On the other hand, a COMMENT/OPPOSITION TO OFFER only objects to the ADMISSIBILITY of the document objected to, and never to the purpose of the offer, which goes to the weight of the document (unless, the objection is relevance, then purpose may properly be objected to as relevance also determines admissibility). Any objections to purpose should be made in the Memorandum and an appropriate reservation to do so may be stated in the Comment. Sample Comment/Opposition to Offer:
PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 000011 - versus RECY DIVIST, Accused. x ------------------------------------------ x COMMENT ON THE PROSECUTIONS FORMAL OFFER OF EVIDENCE THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for the following reasons: 1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination, thus, the document is hearsay and inadmissible. 2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was never presented; and no basis for the presentation of secondary evidence laid. ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are INADMISSIBLE and must, thus, be EXCLUDED. Quezon City; 7 July 2007. (Sgd.) MITCH MCDEERE Counsel for the Accused [Address] Copy furnished: ELLIOT NESS Public Prosecutor ATTICUS FINCH Private Prosecutor
B. Demurrer to Evidence
In civil cases, a DEMURRER may be filed with or without leave of court, but if the demurrer is granted and later reversed on appeal, the defendant loses the right to adduce evidence. Sample Demurrer in a Civil Case:
(Caption) ANAKIN SKYWALKER, Plaintiff, Civil Case No. 000909 - versus PADME AMIDALA, Defendant. x ---------------------------------- x DEMURRER TO THE EVIDENCE DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a preponderance of evidence: 1. This action seeks to collect a sum of money arising from a contract. 2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the extent of the obligation under the contract, (c) the demandability of the obligation under the contract and (d) defendants liability for the obligation and damages. 3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and defendant is entitled to a dismissal of the Complaint against her. WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED. Quezon City; 13 April 2007. (Sgd.) OBI WAN KENOBI Counsel for Defendant [Address] PLUS: Request for and Notice of Hearing
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Sample Demurrer in a Criminal Case:

(Caption) PEOPLE OF THE PHILIPPINES, Plaintiff, - versus ANAKIN SKYWALKER, Accused. x ---------------------------------------- x DEMURRER TO THE PROSECUTIONS EVIDENCE THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Demurrer to the Prosecutions Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt to overcome the presumption of innocence and shift the burden of proof: 1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect of this presumption is that it entitles the accused to not say anything in his defense and places the burden directly on the prosecution to prove everything relative to his guilt. Thus, the prosecution must rely on the strength of its evidence and not wait for the accused to offer any defense. It is only in the event that the prosecution, after resting its case, has adduced sufficient evidence of guilt that the burden of proof shifts to the accused. 2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. 2.1. The accused is charged with violation of PD 1866; the gravamen of the offense is unauthorized possession of a firearm. Concretely, this means that the prosecution must prove that the accused had no legal authority to possess any firearm. 2.2. The prosecution has failed to show that the accused had no license to carry a firearm. The proof of the negative element is indispensable to proof of a violation of PD 1866. Without proof of this negative element, the crime is not proven. 3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven. The accused is innocent; he must, thus, be acquitted. WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged. Quezon City; 13 April 2007. DARTH SIDIOUS Counsel for the Accused [Address] PLUS: Request for and Notice of Hearing Criminal Case No. 007 For: Violation of PD 1866
LEGAL FORMS
On the other hand, in criminal cases, a DEMURRER TO EVIDENCE, which may also be called a MOTION TO ACQUIT since the relief sought is acquittal, is a litigious motion and must be set for hearing. Under Sec. 23, Rule 119, RoC, if the court denies the demurrer filed with leave of court, the accused may present evidence in his defense. BUT, if the demurrer was filed WITHOUT leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. If the second option is sought, the MOTION FOR LEAVE OF COURT TO FILE DEMURRER TO EVIDENCE must be filed PRIOR to the Demurrer, and it is only after such Motion has been granted, that the Demurrer may be filed.
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C. Notice of Lis Pendens

Sample Notice of Lis Pendens:
Republic of the Philippines th 4 Judicial Region REGIONAL TRIAL COURT Branch 71, Antipolo DAMI LUPA, Plaintiff, - versus ALANG LUPA, Defendant. x ----------------------- x NOTICE OF LIS PENDENS THE REGISTER OF DEEDS Antipolo City, Rizal Province Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo, Rizal; registered in the name of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filed by DAMI LUPA, above-named plaintiff. Accordingly, please record this notice on the title. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) ATTICUS FINCH Counsel for Plaintiff [Address] Copy furnished: MITCH MCDEERE, Esq. Counsel for Defendant Civil Case No. 007 For: Reconveyance
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LEGAL FORMS
D. Appearance and Withdrawal as Counsel

The CONFORMITY (as reflected by the signature) and name of the client, who authorized the counsel to make its entry, MUST be shown in the ENTRY OF APPEARANCE. Sample Entry of Appearance:
Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 101, Quezon City ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x -------------------------------- x ENTRY OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with her express Civil Case No. 1357 For: Legal Separation
conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. Quezon City; 13 April 2007. (Sgd.) OBI WAN KENOBI No. 1, Imzadi Place Tatooine, Pasig City WITH MY CONFORMITY: (Sgd.) PADME AMIDALA
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LEGAL FORMS
Copy furnished: DARTH SIDIOUS
In the same vein, the express CONFORMITY of the client must GENERALLY be shown by the lawyer, who seeks to withdraw his appearance as counsel. If such conformity was provided, the lawyer does not have to explain his withdrawal. BUT, if such conformity was not given prior to withdrawal, the lawyer may be asked to secure conformity, except when the withdrawal was due to fundamental and irreconcilable professional differences, which must be STATED so as to justify the absence of conformity. Sample Withdrawal as Counsel:
(Caption) ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x -------------------------------- x WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER, with his express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. (Sgd.) MACE WINDU 1 Imperial Palace, Cloud City, Pasig City WITH MY CONFORMITY: (Sgd.) ANAKIN SKYWALKER Civil Case No. 1357 For: Legal Separation
Sample Withdrawal as Counsel WITHOUT Clients Conformity:

(Caption) ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x -------------------------------- x WITHDRAWAL OF APPEARANCE THE BRANCH CLERK OF COURT Regional Trial Court Branch 101, Quezon City Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER due to irreconcilable professional differences with plaintiff, for which reason the express conformity of plaintiff cannot be obtained. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. (Sgd.) MACE WINDU 1 Imperial Palace, Cloud City, Pasig City Civil Case No. 1357 For: Legal Separation
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LEGAL FORMS
E. Substitution of Counsel
Sample Substitution of Counsel:
(Caption) ANAKIN SKYWALKER, Plaintiff, - versus PADME AMIDALA, Defendant. x -------------------------------- x SUBSTITUTION OF COUNSEL THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala in substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth, kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. Quezon City; 7 July 2007. OBI WAN KENOBI Counsel for Defendant 2 Corruscant Place Tatooine Road, Pasig City WITH MY CONFORMITY: (Sgd.) PADME AMIDALA Civil Case No. 1357 For: Legal Separation
Part V. Pleadings in Cases and Special Proceedings

A. PETITION FOR HABEAS CORPUS B. PETITION FOR ADOPTION C. PETITION FOR DECLARATION NULLITY OF MARRIAGE D. PETITION FOR PROBATE HOLOGRAPHIC WILL
OF OF
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LEGAL FORMS
A. Petition for Habeas Corpus

Sample Petition for Habeas Corpus:
Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 191, Makati IN RE: PETITION FOR HABEAS CORPUS OF THE MINORS LUKE AND LEIA SKYWALKER SP No. 111334 PADME AMIDALA, Petitioner. ANAKIN SKYWALKER, Respondent. x ------------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of the valid marriage between petitioner and respondent Anakin Skywalker. 2. The marriage failed and petitioner has been living separately from respondent since 2004. Sometime in February 2007, respondent, unknown to petitioner, abducted the minor children and has kept them incommunicado and out of petitioners reach. 3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to petitioner, as their mother. Consequently, respondents refusal to allow petitioner to regain custody over the minors is unlawful and unjustified. WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing respondent to make a return showing his legal authority to detain the minor children, subject of this petition, and thereafter, present the minor children personally before the Court on a date and time it chooses. Quezon City; 7 July 2007. OBI WAN KENOBI Counsel for Petitioner [Address] PLUS: Verification and Certification against Forum Shopping
B. Petition for Adoption

Sample Petition for Adoption:
IN RE: PETITION FOR ADOPTION OF ANAKIN SKYWALKER SP No. 111334 DARTH VADER and PADME AMIDALA, Petitioners. x ------------------------------------------ x PETITION PETITIONERS, by counsel, respectfully state that: 1. Petitioners are husband and wife, both of legal age, and residents of __________. 2. They have no legitimate children of their own and desire to jointly adopt a minor named ANAKIN SKYWALKER, 10 years old, the legitimate child of _________________. 3. The parents of the minor are not insane, intemperate and are in full possession of civil capacity; they have not abandoned the minor child. With full knowledge of petitioners intention, they have expressly given their written consent to the adoption, as shown by their statement, a copy of which is attached as ANNEX A. 4. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor; they are also morally qualified to bring up and educate the said minor. WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners favor adjudging the minor child ANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with respect to his/her natural parents and that he/she be declared to all legal intents and purposes, the child of herein petitioners and that his/her surname be changed to that of petitioners. Quezon City; 7 July 2007. (Sgd.) MASTER YODA [Address] PLUS: Verification and Certification against Forum Shopping
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LEGAL FORMS
C. Petition for Declaration of Nullity of Marriage

Under AM No. 02-11-12-SC Proposed Rule on Provisional Orders, the ff. provisional orders may be applied for upon filing of a petition for declaration of nullity of marriage: a) spousal support [ 2] b) child support [ 3] c) child custody [ 4] d) visitation rights [ 5] e) hold departure orders [ 6] f) order of protection [ 7] g) admin of common property [ 8] Under thesame Rule, child custody may be sought in a petition for declaration of nullity where the court considers the best interests of the child as paramount. Provisional custody may be awarded to the following based on the order of preference: 1. to both parents jointly 2. to either parent taking into account all relevant considerations, esp. the choice of the child 3. to the surviving grandparent, or if there are several of them, to the grandparent chosen by the child above 7 years of age unless the grandparent chosen is unfit or disqualified 4. to the eldest brother or sister over 21 years of age unless unfit or disqualified 5. to the actual custodian over 21 years of age unless unfit or disqualified, or 6. to any other person deemed by the court suitable to provide proper care and guidance. 4.
Also under the same Rule, child support may be sought. It must first be taken from the properties of the absolute community or the conjugal partnership. In the discretion of the court, either parent or both may be ordered to give an amount necessary for support, maintenance and education of the child in proportion to the resources or means of the giver and to the needs of the recipient. Thus, the earning capacity of the parent and the amount needed for support must be alleged. Sample Petition for Declaration of Nullity of Marriage with Application for Provisional Orders:
[Caption and Title] PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this petition, she may be served with notices and other pertinent processes through counsel at [address of counsel]. 2. Respondentis a Filipino citizen, of legal age, currently employed at [state employer] and married to petitioner. He may be served with summons and other pertinent orders and processes of this Court at [state address] 3. Petitioner and respondent were married on [date] and out of this marriage, they have [state number of children, respective ages]. A copy of the Marriage Contract executed by petitioner and respondent is attached as ANNEX A; a copy each of the birth certificates of the minor children is attached as ANNEX B, C and D, respectively. 4. Petitioner and respondent are currently separated in fact and have been so since May 2001. The reason for the continuing separation in fact is the breakdown of the marriage due to both petitioners and respondents mutual psychological incapacity to fulfill and discharge their respective marital obligations to each other, which existed at the time of the marriage in 1998 but manifested itself well into the marriage 5. The mutual psychological incapacity of the parties to remain married to each other appears to be incurable; prior to this resort, the parties had attempted formal and informal counseling sessions all of which proved unproductive as respondent proved resistant and, at times, even hostile to these efforts. 6. In compliance with jurisdictional requirements, petitioner submitted herself to a psychological and clinical assessment by a trained professional, Clinical Psychologist [state name]. Despite several attempts, respondent refuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry, it was, thus, impracticable to secure a psychological report and profile of respondent; should this become material, petitioner reserves the right to request respondent to submit to a psychological examination for purposes of confirming the mutual psychological incapacity to remain married to each other. 7. Petitioners psychological incapacity is described in clinical terms as being consistent with a V61.1 Partner Relational Problem and is said to have Masochistic Personality Disorder or 301.9 Personality Disorder Not Otherwise Specified; on the other hand, the assessment given by the psychologist of respondents psychological make-up is that he has a 301.20 Schizoid Personality Disorder with narcissistic features which is described as grave, incurable and has antecedents. The psychological make-up of petitioner and respondent is explained in greater detail in the Clinical Assessment Report (Report) dated 28 December 2006, a copy of which is attached as ANNEX E. 8. Their minor children are in petitioners custody and are being supported by her financially and emotionally. 9. Petitioner submits that, despite the parties mutual psychological incapacity to remain married to each other, the interests of the children are best served by having them remain in her custody, with visitation rights extended to respondent. All of the children are minors and, under the law, children under seven (7) years of age shall not be separated from the mother, save for exceptional circumstances which do not exist in this case. 10. Petitioner cannot, however, provide for all the financial needs of the children as she is only earning a limited amount of money from her work whereas respondent is gainfully employed and earns more than enough for his own personal needs. Petitioner earns only (state amount) from her work as shown by her payslip attached as ANNEX F whereas respondent earns (state amount) from his work as shown by his payslip attached as ANNEX G. The common property of petitioner and respondent is insufficient for the support of the children. Respondent must, thus, be directed to give support to his children in the amount of (state amount). WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child support be issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly support in the amount of (state amount), subject to any adjustments that may be made based on changing earning capacity as well as needs.
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LEGAL FORMS
Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to be psychologically incapacitated to comply with the essential obligations of her marriage to respondent, thus -[1] Declaring the marriage between petitioner and respondent a nullity and, by this token, ordering the dissolution of the conjugal partnership of gains; and [2] Awarding permanent custody of the children to petitioner, with express acknowledgement of respondents visitation rights; [3] Awarding support in the amount of (state amount) subject to adjustments to be made depending on changes in earning capacity and needs of the children. All other just and equitable reliefs are also prayed for. Quezon City; 7 July 2007. (Sgd.) ATTICUS FINCH Counsel for the Petitioner [Address] PLUS: Verification and Certification against Forum Shopping
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LEGAL FORMS
D. Petition for Probate of Holographic Will

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch 30, San Juan RE: PROBATE OF THE HOLOGRAPHIC WILL OF PABLING SIA., SP PROC. No. 0023 PALING KERA, Petitioner, x ------------------------------------ x PETITION PETITIONER, by counsel, respectfully states that: 1. Petitioner is a Filipino citizen and the widow of the deceased. 2. On 16 August 2006, PABLING SIA died, having previously executed a holographic will in his own handwriting and in a language known to him. A copy of the will is attached as ANNEX A. The handwriting may be attested to as his by his secretary of long standing, TOM CRUZ. 2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City and cash amounting to Fifty Thousand Pesos (P50,000); he had no debts. 3. The deceaseds only heirs are herein petitioner and their son, PABLING SIA JR., both of whom are residing at No. 555, Tuna Road, Marinara Subdivision, Quezon City. WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the date for the probate of the holographic will and that letters of administration be issued in favor of the herein petitioner and thereafter adjudicate the properties of the deceased in accordance with the said holographic will. Quezon City; 7 July 2007. (Sgd.) MITCH MCDEERE Counsel for the Petitioner [Address] PLUS: Verification and Certification against Forum Shopping
Part VI.
A. B. C. D. E. F. G. H. I. J. K.
Deeds, Contracts and Other Legal Documents
DEED :: a sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs an instrument in writing, upon paper or parchment, between parties able to contract, subscribed, sealed and delivered (both definitions found in Blacks Law Dictionary) CONTRACT :: a meeting of minds between two persons, whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305, NCC) an agreement, upon sufficient consideration, to do or not to do a particular thing (Blacks Law Dictionary)
A. General Power of Attorney

POWER OF ATTORNEY :: an instrument authorizing a person to act as the agent or attorney of the person granting it (Blacks Law Dictionary) Although a GENERAL POWER OF ATTORNEY would suffice in ordinary instances, the Civil Code expressly requires a SPECIAL POWER OF ATTORNEY in the instances specified under Art. 1878 thereof, to wit: 1. To make such payments as are not usually considered as acts of administration; 2. To effect novations which put an end to obligations already in existence at the time the agency was constituted; 3. To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired; 4. To waive any obligation gratuitously; 5. To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration; 6. To make gifts, except customary ones for charity or those made to employees in the business managed by the agent; 7. To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration; 8. To lease any real property to another person for more than one year; 9. To bind the principal to render some service without compensation; 10. To bind the principal in a contract of partnership; 11. To obligate the principal as a guarantor or surety; 12. To create or convey real rights over immovable property; 13. To accept or repudiate an inheritance; 14. To ratify or recognize obligations contracted before the agency; 15. Any other act of strict dominion.
LEGAL FORMS
GENERAL POWER OF ATTORNEY SPECIAL POWER OF ATTORNEY CONTRACT OF LEASE HOLOGRAPHIC AND NOTARIAL WILL DONATION INTER VIVOS SECRETARYS CERTIFICATE BOARD RESOLUTIONS DEED OF ASSIGNMENT DEED OF SALE DACION EN PAGO CHATTEL MORTGAGE
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Sample General Power of Attorney:

GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the following acts, to wit: (Specify general acts that Attorney-in-Fact may do) Giving and granting unto my said Attorney-in-Fact full power and authority necessary and required to carry out the acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitution and revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine. (Sgd.) OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: (Sgd.) R2D2 (Sgd.) C3PO Acknowledgment
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LEGAL FORMS
B. Special Power of Attorney

Sample Special Power of Attorney:
SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact and in my name, place and stead, do perform the following specific act(s): (Specify the particular act/s to be performed) Giving and granting unto said attorney-in-fact power and authority to do every act necessary and required in connection with these presents, and hereby ratifying and confirming all that she may do by virtue of these presents. IN WITNESS WHEREOF, I have signed this Special Power of Attorney this 7 July 2007 at Tatooine. (Sgd.) OBI WAN KENOBI Principal SIGNED IN THE PRESENCE OF: (Sgd.) R2D2 (Sgd.) C3PO Acknowledgment
C. Contract of Lease
CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into at Makati this 7 day of July 2007 by and between DAMI BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single and resident of Quezon City (LESSEE), WITNESSETH that: 1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants made below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati City covered by Tax Declaration No. 001 (Makati City Assessors Office) for a period of TWELVE (12) MONTHS from signing of this contract. 2. The LESSEE covenants, as follows: 2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the residence of LESSOR; 2.2. To keep the premises in good and habitable condition, making the necessary repairs and painting inside and outside the house; 2.3. Not to make major alterations and improvements without the written consent of the LESSOR and in the event of such unauthorized major alterations and improvements, surrendering ownership over such improvements and alterations to the LESSOR upon expiration of this lease; IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned. DAMI BAHAY Lessor ANG BAHAY Lessee
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LEGAL FORMS
With my consent: ASA WA Acknowledgment BEFORE ME, a Notary Public for Makati City, personally appeared on the 7 of July 2007, the following persons, with their respective CTC details indicated below: DAMI BAHAY CTC No. ____________ issued at/on ALANG BAHAY CTC No. ____________ issued at/on known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Lease consisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, having acknowledged the same before me as their own free and voluntary act and deed. TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place mentioned above. N.O. TARIO Until December 31, 2007 PTR No. 0000111/1/05/99, Makati City Doc. No. Page No. Book No. Series of 2007.
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D. Holographic and Notarial Will

HOLOGRAPHIC WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death) which simply has to be entirely written, date, and signed by the hand of the testator himself (Arts. 783, 810 NCC, restated) NOTARIAL WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death) which complies with the requirements laid down in Arts. 805 and 806, Civil Code, among others (Arts. 783, 805806, NCC, restated) Sample of a Holographic Will:
San Juan, Metro Manila 7 July 2007 I hereby execute this holographic will, in my handwriting and in the English language which I know how to read and write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City to my son, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos (P50,000) to my spouse, PALING KERA. (Sgd.) PABLING SIA SR.
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LEGAL FORMS
Sample of a Notarial Will:

LAST WILL AND TESTAMENT of PABLING SIA, SR. KNOW ALL MEN BY THESE PRESENTS: I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City, Batangas, now actually residing at San Juan, Metro Manila, being of sound and disposing mind and memory, and not acting under influence, violence, fraud or intimidation of whatever kind, declare this to be my Last Will and Testament which I have caused to be written in English, the language which is known to me. And I hereby declare that: I. The following are my children and their addresses; (Name of children and addresses) II. I give and bequeath to my children __________, __________, and __________, in equal shares, the following properties, real and personal, whatsoever and wheresoever located: (Description of property) III. I designate _______________ as the sole executor of this Last Will and Testament. IN WITNESS WHEREOF, I have set my hand this 7 day of July 2007 in San Juan, Metro Manila. (Sgd.) PABLING SIA, SR.
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Under Art. 805, Civil Code, an ATTESTATION CLAUSE, which is required in every notarial will and donations mortis causa (which are essentially wills), must state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another.
Sample Attestation Clause for a Notarial Will:

ATTESTATION CLAUSE WE, the undersigned witnesses, whose residences are stated opposite our respective names, do hereby certify that: the testator _________________ has published unto us the foregoing will consisting of ___ pages numbered correlatively in letters on the upper part of each page, as his/her last will and testament and has signed the same and every page thereof, on the left margin, in our joint presence and we, in turn, at his/her request have witnessed and signed the same and every page thereof, on the left margin, in the presence of the testator and in the presence of each other. SAKSI 1 Residence SAKSI 2 Residence SAKSI 3 Residence
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LEGAL FORMS
Sample Acknowledgment of a Notarial Will:

JOINT ACKNOWLEDGMENT BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7 day of July, 2007, personally appeared: PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 2 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July 2006; all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three as instrumental witnesses, and they respectively acknowledged to me that they signed the same as their own free act and deed. This Will consists of ___ pages, including the page in which this acknowledgment is written, and has been signed on the left margin of each and every page thereof by the testator and his witnesses and has been sealed with my Notarial seal. IN WITNESS WHEREOF, I have set my hand the day, year and place written. (Sgd.) N. O. TARIO Notary Public Until __________________ PTR No. _______________ Issued at ______________ On ___________________ Doc. No. Page No. Book No. Series of 2007.
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E. Donation Inter Vivos

DEED OF DONATION KNOW ALL MEN BY THESE PRESENTS: This Deed of Donation, made and executed by LALIM BULSA, of legal age, single/married, and resident of _______________ (Donor) in favor of DAMI UTANG, of legal age, single/married and resident of _________________ (DONEE) WITNESSETH: That the DONOR is the owner of that certain real property with the buildings and improvements thereon, situated in _________________, and more particularly described in Original/Transfer Certificate of Title No. ____ of the land registry of _____________, as follows: (Copy description of property in title) That for and in consideration of the love and affection which the DONOR has for the DONEE, the said DONOR, by these presents, transfers and conveys, by way of donation, unto said DONEE, his/her heirs and assigns, the above described real property with all the buildings and improvements thereon, free from all liens and encumbrances; That the DONOR does hereby state, for the purpose of giving full effect to this donation, that he/she has reserved for himself/herself in full ownership sufficient property to support him/her in a manner appropriate to his/her needs; That the DONEE does hereby accept this donation of the above-described property, and does hereby express gratitude for the kindness and liberality of the DONOR. IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at Quezon City, Philippines. LALIM BULSA Donor ACCEPTED: DAMI UTANG Donee SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.)MIRON 2 PLUS: Acknowledgment
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LEGAL FORMS
F. Secretarys Certificate
Sometimes, it is important to indicate whether the meeting was a general or a special meeting, considering that the Corporation Code expressly provides that a meeting specially called for a particular purpose, e.g. to increase corporate indebtedness, is necessary to do such particular corporate act.
SECRETARYS CERTIFICATE I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the corporate records, do hereby certify that under oath that: 1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (corporation), a corporation duly organized and existing under Philippine laws, with the same office address given above. 2. At a meeting of the Board of Directors of the corporation held on ___________, at which meeting a quorum was present and obtained throughout, the following resolution(s) was (were) unanimously approved and adopted: RESOLVED, that ................... 3. The foregoing resolution has not been revoked, amended or in any manner modified and accordingly, the same may be relied upon until a written notice to the contrary is issued by the corporation. IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________. DEANNA TROI Corporate Secretary ATTESTED: JEAN-LUC PICARD President PLUS: Jurat
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LEGAL FORMS
G. Board Resolutions
Sample Board Resolution Granting Authority to Act:
Board Resolution No. ___ RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer of Enterprise Holdings be authorized, as he is hereby authorized, to enter into any and all transactions with the representatives of the Ferengi Trade Federation, as may prove to be beneficial to the corporation in his own opinion and determination. Approved and adopted this 7 day of July, 2007 at Makati City, Philippines. (Name of Directors)
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Sample Board Resolution Increasing the Number of Directors and Making the Necessary Amendment to the Articles of Incorporation:
Board Resolution No. ___ RESOLVED, by a vote of stockholders representing more than 2/3 of the subscribed and paid up capital stock, to INCREASE the number of Directors of the Corporation from five (5) to seven (7) and to AMEND the Articles of Incorporation to reflect this increase. Approved and adopted this 7 day of July, 2007 at Makati City, Philippines. (Name of Directors)
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H. Deed of Assignment
DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby acknowledged do hereby assign, cede, transfer and convey unto DAMI LUPA, likewise of legal age, and resident of ______________, all his/her rights, title, ownership and interest over its subscription to One Hundred Thousand (100,000) shares of the capital stock of _________ Corporation, including advances due from said corporation. It is, however, understood that the assignee shall assume any and all unpaid subscription on the said shares. The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and lawful attorney-in-fact to make representations with the corporate secretary and to cause the annotation of this assignment in the books of the corporation. IN WITNESS WHEREOF, the assignor has signed this deed on 7th day of July, 2007 at the City of Manila. DAMI SHARES Assignor SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment
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I.
Deed of Sale
Standard Form of Deed of Sale of Registered Land (Unilateral):

Republic of the Philippines ) Makati City ) S.S. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of _______________________, paid to me today by MA GU LANG, Filipino, single and resident of ________________ do hereby SELL, TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Technical Description of property/ies; specify metes and bounds of the property/ies with approximate area thereof, as indicated on the face of the title) of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or Original) Certificate of Title No. ______, issued by the Register of Deeds of Makati City. It is hereby mutually agreed that the vendee shall bear all expenses for the execution and registration of this deed of sale. IN WITNESS WHEREOF, I have signed this deed this 7th day of July, 2007 at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: ASA WA Vendors Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment
Standard Form of Deed of Sale of Unregistered Land (Unilateral)

Republic of the Philippines ) Makati City ) S.S. DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount of __________, paid to me today by MA GU LANG, Filipino, single and resident of _______________________ do hereby SELL, TRANSFER and CONVEY absolutely and unconditionally unto said MA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (Description: state the nature of each piece of land and its improvements, situations and boundaries, area in square meters, whether or not the boundaries are visible on the land by means of monuments or otherwise; and if they are, what they consist of, the permanent improvements, if any, the page number of the assessment of each property for current year or years when registration is made, the assessed value of the property for the year) It is hereby declared that the boundaries of the foregoing land are visible by means of _______________; that the permanent improvements existing thereon consist of _________ (if none, state so); that the land is assessed for the current year at P______________ as per Tax Declaration No. __________, and the buildings and/or improvements , at P____________ as per Tax Declaration No. _________, of the City Assessor of Makati. The above described real estate, not having been registered under Act No. 496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the Revised Administrative Code, as amended. IN WITNESS WHEREOF, I have signed this deed this 7 day of July, 2007 at Makati City. MA YA MAN Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: ASA WA Vendors Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment
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Standard Form of Deed of Sale with Pacto de Retro (Bilateral):

Republic of the Philippines ) Makati City ) S.S. DEED OF SALE WITH PACTO DE RETRO This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDOR), - and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________ (VENDEE); WITNESSETH: That The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, and more particularly described, as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of Makati; The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY under pacto de retro unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the VENDEE, in accepting the same, hereby obligates himself to RESELL the property herein conveyed within a period of ____ years from date of this deed for the same price of ______________ (P____); Provided, however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the period provided, then this conveyance shall become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of law regarding consolidation of ownership of real property. IN WITNESS WHEREOF, I have signed this deed this 7 day of July, 2007 at Makati City. MA YA MAN Vendor With my marital consent: ASA WA MA GU LANG Vendee With my marital consent: BA TAPA SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment
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Standard Form of Deed of Repurchase of Land Sold under Pacto de Retro:

Republic of the Philippines ) Makati City ) S.S. DEED OF RESALE KNOW ALL MEN BY THESE PRESENTS: I, MA GU LANG, Filipino, married, of legal age, and resident of _______________, for and in consideration of _______________ Pesos (P____), to me paid by MA YA MAN, Filipino, of legal age, married and resident of ___________________, do hereby RESELL, RETRANSFER and RECONVEY unto said MA YA MAN that certain parcel of land, with all the buildings and improvements thereon, situated at Makati City, and more particularly described, as follows: (Copy technical description in title) covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of Makati, and which property was previously sold to under pacto de retro by the said MA YA MAN on _____________, executed before Notary Public __________ and bearing Notarial Registration No. ___, Page No. ____, Book No. ____ and Series of 20__ of his Notarial Register, a copy of which is attached as ANNEX A. IN WITNESS WHEREOF, I have signed this deed this 7 of July, 2007 at Makati City. MA GU LANG Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married, then add the following:] With my consent: BA TAPA Vendors Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment
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Standard Form of Deed of Sale with Mortgage:

Republic of the Philippines ) Makati City ) S.S. DEED OF SALE WITH MORTGAGE This Deed of Sale with Pacto de Retro made and executed by and between: MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDOR-MORTGAGEE), - and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________ (VENDEE-MORTGAGOR); WITNESSETH: That The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, and more particularly described, as follows: (Copy technical description in TCT/OCT) his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of Makati; The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____), of which amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the VENDORMORTGAGEE at the latters residence, as follows: (State manner of payment) In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does hereby MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described, together with all the buildings and improvements thereon, under the express stipulation that if the said VENDEE-MORTGAGOR shall pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no further force and effect; otherwise, the same shall remain in full force and effect and shall be enforceable in the manner prescribed by law. IN WITNESS WHEREOF, I have signed this deed this 7 day of July, 2007 at Makati City. MA YA MAN Vendor With my consent: ASA WA Vendors Wife MA GU LANG Vendee With my consent: BA TAPA Vendees Wife SIGNED IN THE PRESENCE OF: (Sgd.) MIRON 1 (Sgd.) MIRON 2 PLUS: Acknowledgment
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J. Dacion En Pago
Under Art. 1245, Civil Code, DATION IN PAYMENT (dacion en pago) is a mode of payment by which property is alienated to the creditor in satisfaction of a debt in money; it is governed by the law of sales. Standard Form of Deed of Assignment of Real Estate in Payment of Debt (Dacion En Pago):
DEED OF ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino, of legal age, married to ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino, of legal age, married to BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH: That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in full payment and complete satisfaction thereof hereby assign, transfer and convey unto the ASSIGNEE that certain real estate with all the buildings and improvements thereon, situated in ___________, and more particularly described as follows: (Description of property assigned) of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by Transfer (or Original) Certificate of Title No. ____________ of the Register of Deeds of _____________. That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned debt of ______________ Pesos (P_________). IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati City. DAMI UTANG Assignor DAMI LUPA Assignee With my marital consent: BIL MOKO Assignees Wife
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ALANG MALAY Assignors Wife PLUS: Acknowledgment
K. Chattel Mortgage
Sample of Chattel Mortgage:
Republic of the Philippines ) Makati City ) S.S. CHATTEL MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the loan of FIVE HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal age, married and resident of Makati, to be paid one (1) year from date hereof, have transferred and conveyed by way of chattel mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances that certain motor vehicle, at present in my possession at my address, more particularly described as: Model/Make No./Color: BMW 738i (1998), racing green; Chassis No. : 00000001111; Engine No. : 00000001111; of which I am the true and absolute owner by title thereto, being evidenced by Registration Certificate of Motor Vehicle No. ______ issued in my name by the Land Transportation Office on __________________. This chattel mortgage has been executed in order to secure the full and faithful payment of my obligation to YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment, this contract shall become null and void; otherwise, it shall continue in full force and effect and may be foreclosed in accordance with law. IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City. DAMI KOTSE Affidavit of Good Faith We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed the foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is not intended to defraud creditors. YAMAN NYA DAMI KOTSE Signed in the presence of: UZI 1 PLUS: Acknowledgment UZI 2
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Part VII.
A. B.
Appeals and Other Modes of Review B. Ordinary Appeals in Criminal Cases

From MTC (as trial court) to RTC (appellate jurisdiction): Pursuant to Sec. 1(a), Rule 122, Rules of Court, the appeal, which MUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of the following: 1. Notice of Appeal 2. Brief/Memorandum for Appellant or Appellee From RTC (as trial court) to CA: Pursuant to Secs. 1(b) and 3(a), Rule 122, Rules of Court, the appeal, which MUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of the following: 1. Notice of Appeal 2. Brief/Memorandum for Appellant or Appellee From RTC (as trial court) to SC: Pursuant to Sec. 3(c) in relation to Sec. 3(a), Rule 122, Rules of Court, the appeal, which MUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of the following: 1. Notice of Appeal 2. Brief/Memorandum for Appellant or Appellee NOTE that the only instance when an ordinary appeal from the RTC to the SC and where resort is made by simple notice of appeal is when the penalty imposed by the RTC is reclusion perpetua or life imprisonment or where a lesser penalty is imposed BUT involving offenses committed on the same occasion or arising out of the same occurrence, which gave rise to the more serious offense for which the penalty of death, reclusion perpetua or life imprisonment is imposed.
ORDINARY APPEALS IN CIVIL CASES ORDINARY APPEALS IN CRIMINAL CASES C. PETITIONS FOR REVIEW
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A. Ordinary Appeals in Civil Cases

From MTC (original jurisdiction) to RTC (appellate jurisdiction): Pursuant to Rule 40, Rules of Court, the appeal, which MUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of the following: 1. Notice of Appeal - Parties - Judgment or final order appealed from - Material dates showing timeliness of appeal 2. Proof of Payment of Appellate Court Docket and Other Lawful Fees 3. Memorandum for Appellant or Appellee From RTC (original jurisdiction) to CA: Pursuant to Rule 41, Rules of Court, the appeal, which MUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of the following: 1. Notice of Appeal 2. Brief for Appellant - Subject Index of the matter in brief - Assignment of Errors - Statement of the Case - Statement of the Facts - Statement of the Issues - Argument - Relief - Copy of judgment or final order appealed from The Appellee shall likewise file his Brief, which follows the same format as that in the Appellants Brief, EXCEPT for the Copy of judgment or final order appealed from. 3. Appellants Reply Brief 4. Memorandum (in special cases) - Statement of the Case - Statement of the Facts - Statement of the Issues - Argument - Relief
C. Petitions for Review

From RTC (as appellate court) or from a quasi-judicial agency to CA: Pursuant to Rules 42 and 43, Rules of Court, the petition, which MUST be filed within 15 DAYS from notice of judgment or final order OR within the maximum of 15 DAYS extension period therefrom, MUST include all of the following: 1. Full names of petitioner and respondent 2. Statement of Material Dates 3. Statement of Material Averments 4. Statement of Issues, Errors of Fact or Law 5. Argument 6. Verification and Certification against Forum Shopping 7. Attachments - Certified true copy or duplicate original copy of judgment/final order questioned - Clear and legible copy of all pleadings and other material portions of the record 8. Proof of Service and Explanation for Service by Registered Mail (if applicable) From RTC (on pure questions of law) or CA (appellate jurisdiction) to SC: The petition, which MUST be filed within 15 DAYS from notice of judgment or final order OR within the maximum of 15 DAYS extension period therefrom, MUST include all of the following: 1. Names of Petitioner and Respondent (Without Impleading the Lower Court/Judge/Justice) 2. Statement of Material Dates 3. Material Allegations, Reasons or Arguments for Allowance of Petition 4. Verification and Certification against Forum Shopping 5. Attachments - Certified true copy or duplicate original copy of judgment/final order questioned - Clear and legible copy of all pleadings and other material portions of the record 6. Proof of Service and Explanation for Service by Registered Mail (if applicable)
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Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data
A. AMPARO
B. HABEAS DATA
A. Amparo
Under A.M. No. 07-09-12-SC, the Rule on the Writ of Amparo, anyone whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity can file a SIGNED AND VERIFIED petition for the issuance of a writ of amparo. BUT, it is not available for violations or threatened violations of the right to property per se, except when the right to property is connected to the right to liberty such that the latter right cannot be vindicated without addressing the threat to or violation of the right to property. The petition can be filed SUCCESSIVELY (or by DEFAULT) by the following: an aggrieved party; a member of his immediate family (i.e., spouse, children & parents); an ascendant, descendant th or collateral relative within the 4 civil degree of consanguinity or affinity; and in default of all the foregoing, by a concerned citizen, organization, association or institution. The filing by a more prior party suspends the right of all others to file similar petitions. NOTE that even if the Rule did not expressly require so, if the petition was filed by any of the relators, a statement must be made that the aggrieved party did not, or could not file the petition. The petition may be filed on any day, or at any time with any of the following courts, and the writ is enforceable anwhere in Philippines. a. RTC of place where the threat, act or omission was committed or any of its elements occurred b. Sandiganbayan or Court of Appeals or any justice there c. Supreme Court or any justice there The petition MUST include all of the following: 1. Personal Circumstances of the Petitioner 2. Name and Personal Circumstances of the Respondent Responsible OR if the Name is Unknown or Uncertain, his Assumed Appellation 3. Right to Life, Liberty and Security of the Aggrieved Party Violated or Threatened, Act/s Allegedly Violative of Said Rights and the Attendant Circumstances
4. Investigation Conducted, if any, the Investigating Authority, the Manner and Conduct Thereof and any Report thereon 5. Actions and Recourses Taken by the Petitioner to Determine the Fate or Whereabouts of the Aggrieved Party and the Identity of the Person Responsible 6. Relief Prayed For *7. Certification against Forum Shopping WON this certification is necessary is debatable. The Rule does not expressly require a Certification and the Rule forbids the filing of a motion to dismiss. HOWEVER, Sec. 5, Rule 7, RoC, which is the general rule on all initiatory pleadings may be used to justify the need for such a certification. The VERIFIED return and supporting affidavits, which must be filed within 72 HOURS after service of writ MUST include all of the following: 1. Lawful Defenses 2. Steps or Actions Taken by the Respondent to Ensure the Security and Confidentiality of the Data or Information 3. All Relevant Information in the Respondents Possession 4. If the Respondent is a Public Official or Employee, he must further state the actions that have been or will still be taken to: a. verify the identity of the aggrieved party b. recover and preserve evidence c. identify witnesses and obtain statements from them d. determine the cause, manner, location and time of death or disappearance + any pattern or practice e. identify and apprehend the person/s involved f. bring the suspected offenders before a competent court The Rule provides for four INTERIM reliefs for the petitioner, to wit: a temporary protection order, an inspection order, production order and witness protection order. On the other hand, two INTERIM reliefs are provided for the respondent, namely: an inspection order and a production order. The judgment must be rendered within 10 days from the time the petition was submitted for decision, while an appeal under Rule 45, RoC on the basis of questions of fact and/or law must be filed within 5 working days from notice of adverse judgment.
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The following are PROHIBITED pleadings and motions: 1. motion to dismiss 2. motion for extension of time to file return, opposition, affidavit, position paper and other pleadings 3. dilatory motion for postponement 4. motion for a bill of particulars 5. counterclaim or cross-claim 6. third-party complaint 7. reply 8. motion to declare respondent in default 9. intervention 10. memorandum 11. MR of interlocutory orders or interim relief orders 12. petition for CMP against any interlocutory order Standard Form of a Petition for the Issuance of a Writ of Amparo:
[CAPTION AND TITLE] Republic of the Philippines (COURT) (Location) Name of Aggrieved Party or Relator, Petitioner, (Case No. _____________) - versus -
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Name of Public Official/Employee Or Private Individual or Entity, Respondent/s. X ---------------------------------------- X
PETITION
PETITIONER, by counsel, respectfully states that: [PARTIES] 1. Petitioner/Relator is . . . 1.1. Personal/Professional Circumstances Relevant (if by Relator, state relationship of relator to victim) 1.2. Factual Statements Relevant to Grounds (Violation of Right to Life, Liberty and Security of Person or Threat thereof) 1.3. Contact Details 1.4. Other Relevant Details 2. Respondent/s is/are . . . 2.1. Personal/Professional Circumstances Relevant 2.2. Contact Details 2.3. Other Relevant Details [BODY] 3. Statement of Facts
3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing) 3.2. Statement as to Judicial Affidavits (if any) of witnesses 3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts 4. Statement of Material Facts Relevant to Interim Reliefs (if any) a. Temporary Protection Order b. Inspection Order c. Production Order d. Witness Protection Order 5. Statement of Material Facts Relevant to Final Relief/s [RELIEF] WHEREFORE, . . . (a) Interim Reliefs be granted immediately (b) Final Reliefs be granted after hearing (c) Interim Reliefs be made permanent (d) Other Reliefs be granted [DATE AND PLACE] [NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]
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Standard Form of a Return:

[CAPTION AND TITLE] [PARTIES] [BODY] 1. Supporting Affidavits of respondents and their witness/es 2. Statement as to: 2.1. lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the Petition; 2.2. the steps or actions taken to determine the fate or whereabouts of the AP and the persons responsible for the threat, act or omission 2.3. all relevant information in the possession of the respondent pertaining to the threat, act or omission against the AP; 2.4. [if the respondent is a public official/employee], add: actions taken or to be taken: a. to verify the identity of the AP; b. to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person/s responsible; c. to identify witnesses and obtain statements from them concerning the death or disappearance; d. to determine the cause or manner, location and time of death, or disappearance as well as any pattern or practice that may have brought about the death or disappearance; e. to identify and apprehend the person/s responsible; f. to bring the suspected offenders before a competent court. 3. Opposition to Interim Reliefs applied for [RELIEFS] [DATE AND PLACE] [NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]
B. Writ of Habeas Data

Under A.M. No. 08-01-16-SC, the Rule on the Writ of Habeas Data, anyone whose right to PRIVACY in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party, can file a petition for the issuance of a writ of habeas data. BUT, this remedy is NOT AVAILABLE for violations or threatened violations of the right to property per se, except where the right to property is connected to the right to liberty such that the latter right cannot be vindicated without addressing the threat to or violation of the right to property. The petition can be filed by the aggrieved party.BUT, in cases of extralegal killings and enforced disappearances: a member of his immediate family (i.e., spouse, children & parents), or an ascendant, descendant or th collateral relative within the 4 civil degree of consanguinity or affinity can file the petition. The petition may be filed with any of the following courts, and the writ is enforceable anwhere in Philippines. a. RTC of place where the petitioner/respondent resides OR that which has jurisdiction over the place where the data/information is gathered/collected/stored at the petitioners option AND when the action concerns public data files of government offices: b. Sandiganbayan or Court of Appeals or any justice there c. Supreme Court or any justice there The petition MUST include all of the following: 1. Personal Circumstances of the Petitioner and the Respondent 2. Manner the Right of Privacy is Violated or Threatened and HOW it Affects the Right to Life, Liberty or Security of the Aggrieved Party 3. Actions and Recourses Taken by the Petitioner to Secure Data/Info 4. Location of the Files, Registers or Databases, the Government Office, and the Person in Charge/Possession/Control of Data/Info, if known 5. Reliefs Prayed For The Court may order, by way of final relief that the act be enjoined or the data or information deleted, destroyed or rectified. The Court may also order that all other relevant reliefs be granted. In case of threats, the relief may include INJUNCTION. 6. Other Relevant Reliefs as are Just and Equitable *7. Certification against Forum Shopping WON this certification is necessary is debatable. The Rule does not expressly require a Certification and the Rule forbids the filing of a motion to dismiss. HOWEVER, Sec. 5, Rule 7, RoC, which is the general rule on all initiatory pleadings may be used to justify the need for such a certification. Since only indigents are exempted from paying docket fees and other lawful fees, they must submit their proof of indigency within 15 DAYS from the filing of the petition. The VERIFIED return, which must be filed within 5 WORKING DAYS after service of writ (subject to reasonable extension for justifiable reasons) MUST include all of the following: 1. Lawful Defenses e.g. national security, state secrets, privileged communications, confidentiality of the source of info of media and others 2. In Case of Respondent in Charge/Possession/Control of Data/Info: a. disclosure of data/info about petitioner, nature of such data/info and purpose for its collection b. steps or actions taken by the respondent to ensure the security and confidentiality of the data or information c. currency and accuracy of the data or information held 3. Other Allegations Relevant to Resolution The PROHIBITED pleadings and motions are the SAME as in the writ of amparo, to wit: 1. motion to dismiss 2. motion for extension of time to file return, opposition, affidavit, position paper and other pleadings 3. dilatory motion for postponement 4. motion for a bill of particulars 5. counterclaim or cross-claim 6. third-party complaint 7. reply 8. motion to declare respondent in default 9. intervention 10. memorandum 11. MR of interlocutory orders or interim relief orders 12. petition for CMP against any interlocutory order *
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Standard Form of a Petition for the Issuance of a Writ of Habeas Data:

[CAPTION AND TITLE] Republic of the Philippines (COURT) (Location) Name of Aggrieved Party or Relator, Petitioner, (Case No. _____________) - versus Name of Public Official/Employee Or Private Individual or Entity, Respondent/s. X ---------------------------------------- X
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PETITION
PETITIONER, by counsel, respectfully states that: [PARTIES] 1. Petitioner/Relator is . . . 1.1. Personal/Professional Circumstances Relevant (if by Relator, state relationship of relator to victim) 1.2. Factual Statements Relevant to Grounds (Violation of Right to Privacy in Life, Liberty or Security or Threat thereof) 1.3. Contact Details 1.4. Other Relevant Details 2. Respondent/s is/are . . . 2.1. Personal/Professional Circumstances Relevant 2.2. Contact Details 2.3. Other Relevant Details [BODY] 3. Statement of Facts 3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing) 3.2. Statement as to Judicial Affidavits (if any) of witnesses 3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts 4. Statement of Material Facts Relevant to any Interim Reliefs (if any) 5. Statement of Material Facts Relevant to Final Relief/s [RELIEF] WHEREFORE, . . . (a) Interim Reliefs be granted immediately (b) Final Reliefs be granted after hearing (c) Interim Reliefs be made permanent (d) Other Reliefs be granted [DATE AND PLACE] [NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]
Standard Form of a Return:

[CAPTION AND TITLE] [PARTIES] [BODY] 1. Supporting Affidavits of respondents and their witness/es 2. Statement as to: 2.1. Lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the Petition; 2.2. Disclosure of the data or information about the petitioner, the nature of such data or information and the purpose for its collection; 2.3. The steps or actions taken by the respondent/s to ensure the security and confidentiality of the data or information; and 2.4. The currency and accuracy of the data or information held; 2.5. Other allegations relevant to the resolution of the proceeding; 3. Opposition to Interim Reliefs applied for [RELIEFS] [DATE AND PLACE] [NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL] [VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING] [AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]
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* Most of these forms are based on Prof. Theodore Tes Legal Forms v2009, while the others are based on Philippine Legal Forms Plus 2009 by Atty. Fernando B. Duque
Glossary of Uncommon Terms

ABJURE - to renounce, repudiate or retract, esp. with solemnity, under oath; to recant. AB INITIO - from the beginning ABNEGATE - to refuse or deny oneself (rights, claims, conveniences, etc.); reject; give up ADDLEBRAINED - foolish; silly; having or revealing a muddled or confused mind; stupid AD HOMINEM - appealing to one's prejudices, emotions or special interest rather than to intellect or reason, as by attacking one's opponent rather than debating the issue. ADVENTITIOUS - added extrinsically; not essentially inherent; out of the proper place or usual place. A FORTIORI - with stronger reason AGRESTIC - rural; crude; uncouth AIDE-MEMOIRE - a memorandum of a discussion; proposed agreement ALEATORY - depending or pertaining to chance, luck or contingency; unpredictable ALEXIPHARMAC - an antidote AMICUS CURIAE - a friend of the court; a person appointed by the court as an impartial adviser. AMORPHOUS - without definite form; shapeless, of no definite or particular type, kind or character; unorganized; vague. ANACHRONISM - the representation of something as existing or occurring at other than its proper time, esp. earlier; anything that is or seems to be out of its proper time in history ANCHORITE - a person who lives alone and apart from society for religious meditation; hermit; recluse ANDROGYNOUS - exhibiting both male and female characteristics, esp. sexual ones; hermaphroditic ANIMADVERT - to observe, censure; to comment or act upon something with disapproval; criticize adversely ANTEBELLUM - before the war ANTIPODE - anything diametrically opposed; exact opposite ANTITHESIS - opposition; contrast; the direct opposite APHORISM - a terse, pithy expression embodying a wise or clever observation or a general truth; maxim; adage APOCALYPTIC - prophesying total destruction or great disasters; affording a revelation or prophesy; pertaining to the Apocalypse APOCRYPHAL - of doubtful sanction, authorship or authority; uncanonical; false; spurious; counterfeit APOGEE - the farthest or highest point A POSTERIORI - from the effect to the cause; reasoning sequence opposed to a priori A PRIORI - reasoning sequence from cause to effect
ARGUMENTUM AD ADSURDUM - an argument proving the absurdity of an opponent's argument ARGUMENTUM AD HOMINEM - an argument to the individual man, i.e., to his interests and prejudices ATHWART - across; against; opposed ATRABILIOUS - sad; melancholy; morose; gloomy; irritable; bad-tempered ATTORNEY AD HOC A person named appointed by the court to defend an absentee defendant in the suit in which the appointment is made. ATTORNEY-AT-LAW That class of persons who are licensed officers of the courts empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence. ATTORNEY IN FACT An agent whose authority is strictly limited by the instrument appointing him. His authority is provided in a special power of attorney or general power of attorney or letter of attorney. He is not necessarily a lawyer. ATTORNEY OF RECORD The attorney whose name is entered in the records of an action or suit as the lawyer of a designated party thereto. (1999 BAR EXAMS) AUTARKY - national economic self-sufficiency; a national policy of economic independence, esp. of getting along without imports AUTODIDACT - a person who is self-taught AVANT GARDE - the advance group, the leaders, or the radical in any field, esp. in the visual, literary or musical arts, whose works are characterized by unorthodox and experimental methods; vanguard BAGATELLE - something of little value; an unimportant trifle; a short, light piece of music BAR AND BENCH Bar refers to the whole body of attorneys and counselors collectively, the members of the legal profession. Bench denotes the whole body of judges. BARRATRY Offense of frequently inciting and stirring up quarrels and suits. The lawyers acts of fomenting suits among individuals and offering legal services to one of them. (1993 BAR EXAMS) BEAU COUP - very much; very many BEAU GESTE - a fine or beautiful gesture; an act or offer that seems fine, noble but is empty BEAU MONDE - fashionable society; elegant world BELLWETHER - a leader of a movement or activity BETE NOIRE - something or someone that a person particularly dislikes, fears, avoids, dreads or loathes BILLINGSGATE - coarsely or vulgarly abusive language
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LEGAL FORMS
BLANDISHMENT - speech or action that flatter and tends to coax, entice or persuade; allurement BLOVIATE - to orate verbosely and windily BONHOME - good nature; pleasant and easy manner BON VIVANT - a person who lives luxuriously and enjoys good food and drink; an epicure BRAVURA - a display of daring; brilliant performance; dash BRIO - animation; vivacity; zest BUMPTIOUS - offensively assertive; disagreeably or excessively conceited, arrogant or forward CACHINNATE - to laugh loudly, immoderately or excessively CADGE - to obtain by imposing on another's generosity or friendship; to borrow without intent to repay CARTE BLANCHE - full power or authorization CAVEAT EMPTOR - let the buyer beware CAVIL - a trivial, annoying and pointless objection; quibble; the raising of trivial questions CHIMERA - a horrible or unreal creature of the imagination; a vain, impossible or idle fancy CHUTZPAH - unmitigated effrontery or impudence; shameless audacity; insolence CLAUDICANT - lame; having a limp CLERISY - learned persons as a class; literati; intelligentsia; educated people as a class CLOY - to weary by an excess of something, as of food; sweetness, richness or pleasure; surfeit; satiate; to become uninteresting or distasteful through overabundance COGITATE - to think deeply or intently; to ponder; to meditate COGNOSCENTI - those who are well-informed or have superior knowledge and understanding of a certain field, esp. of fine arts, literature or the world of fashion COLLOCATE - to arrange or place together, esp. side by side; to arrange in proper order COMMINATE - to threaten with divine vengeance COMPOS MENTIS - of sound mind CONCATENATION - a series of links united; a series or order of things depending on each other as if linked together; a chain; succession CONDIGN - suitable to the fault or crime; deserved; adequate CONTRETEMPS - an inopportune or unfortunate occurrence; an embarrassing mischance; awkward mishap CONUNDRUM - a riddle whose answer involves a pun; any puzzling question or problem COUP DE GRACE - a death blow, esp. one delivered mercifully to end suffering by a mortally wounded person; any finishing or decisive stroke CUMSHOW - a present, gratuity or tip DEBOUCH - to come forth; emerge DECLASSE - reduced to or having low status
DEFENESTRATION - the act of throwing a person or thing out of a window; a tossing out through a window DEMIMONDE - a class of women who have lost social standing because of indiscreet behavior or sexual promiscuity DEMOTIC - of or pertaining to the common people; popular; common DE RIGUEUR - strictly required, as by etiquette, usage or fashion DESULTORY - lacking in consistency, constancy, or visible order; disconnected; not methodical DETRITUS - loose material that is worn away from rocks, debris DIKTAT - a harsh settlement unilaterally imposed on a defeated party; an authoritative decree or order EBULLIENT - overflowing with enthusiasm or excitement EFFULGENCE - the state of being bright or radiant; brilliance ESURIENT - hungry; voracious; greedy EXIGUOUS - extremely scanty; meager EX PARTE - from one side only; other party is not around or absent EX TEMPORE - without preparation; impromptu FAIT ACCOMPLI - a thing already done FALSUS IN UNO, FALSUS IN OMNIBUS - false in one thing, false in everything. Legally, the entire testimony of a witness may be disregarded if some part of it is found to be false. FARRAGO - a confused mixture; an assortment; a medley FAUX PAS - a false step; a social blunder FRIABLE - easily crumbled; pulverized or reduced to powder FURBELOW - something showy or superfluous GAUCHERIE - lack of social grace; tactlessness GLABRIOUS - smooth; bald; without hair GRACILE - gracefully slender; thin GRANDILOQUENT - speaking or expressed in a lofty highfalluting, pompous or bombastic style GRAVAMEN - the essential part of an accusation or that which weighs most heavily or adversely against the accused GRAVID - in the family way or pregnant HABEAS CORPUS - a legal order directing somebody with custody of a person to bring the party in court HALCYON - peaceful; calm; tranquil HOLOGRAPHIC - wholly written by the person in whose name it appears, applies particularly to wills and testaments HOUSE COUNSEL (or IN-HOUSE COUNSEL) One who acts as attorney for business though carried as an employee of that business and not as an independent lawyer IN ARTICULO MORTIS (IN EXTREMIS) - at the point of death
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LEGAL FORMS
INCHOATE - in the early stages; not yet completely or clearly formed or organized; incipient INCULPATE - to charge with fault; blame, accuse or involve in a charge INEFFABLE - incapable of being expressed in words; unspeakable; indescribable INELUCTABLE - impossible to avoid or evade; inevitable IN LOCO PARENTIS - in the place of a parent IPSO FACTO - by the fact itself; by the nature of the case JINGO - a person who professes patriotism loudly or excessively KVETCH - to complain; to whine LAMBENT - playing lightly on or over a surface; flickering as a lambent flame LEGERDEMAIN - sleight of hand LOGORRHEA - excessive talkativeness or wordiness MODUS VIVENDI - mode of living MOIETY - one of equal parts; an indefinite part NE PLUS ULTRA - the highest point or culmination; the highest point of perfection NIHILISM - total rejection of established laws and institutions; extreme skepticism NOBLESSE OBLIGE - the moral obligation of the rich to display honorable or charitable conduct NON COMPOS MENTIS - not of sound mind NON SEQUITUR - conclusion that does not follow logically from the premises; a remark having no bearing on what has just been said NUGATORY - of no real value; of no force or effect; ineffective OBITER DICTUM - in court decisions, a statement made by way of opinion ONUS PROBANDI - the burden of proof OXYMORON - a figure of speech in which opposite or contradictory ideas or terms are combined, such as open secret, cruel kindness, deafening silence POLEMIC - a person inclined to engage in argument or disputation PROLIX - unnecessarily long; tending to speak or write excessive length PRO SE An appearance by a lawyer in his own behalf. (1995 BAR EXAMS)
PUTATIVE - to suppose; consider; reputed; generally considered or deemed such QUANTUM MERUIT, Doctrine of A device to prevent undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it. QUID PRO QUO - something in return; compensation QUOTIDIAN - daily; occurring or recurring daily; ordinary; common RAPPROCHEMENT - bringing together; drawing closer; reconciliation RATIOCINATION - the process of reasoning RECHERCHE - sought out with care; choice; too refined; too studied RES IPSA LOQUITUR, Doctrine of Literally, the thing speaks for itself. This principle or doctrine applies to both judges and lawyers. Judges had been dismissed from the service without the need for a formal investigation because based on the records, the gross misconduct or inefficiency of the judges clearly appears. (Uy vs. Mercado, 154 SCRA 567) SERIATIM - in a series; one after another SUB JUDICE - under consideration by the court; pending judgement SYBARITE - a person devoted to luxury and pleasure TEMERARIOUS - recklessly or presumptuously daring UMBRAGE - offense; resentment; annoyance or displeasure USUFRUCT - the right to use or benefit from something which belongs to another, short of destroying or harming it; the use, enjoyment or profitable possession of something UXURIOUS - doting upon, irrationally fond of or affectionately over abusive toward one's wife VERISIMILITUDE - the appearance or semblance of truth or fact; probability; something having merely the appearance of truth VOLTE FACE - the act of turning so as to face in the opposite direction; a complete change of attitude or opinion
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LEGAL FORMS
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LABOR LAW REVIEWER

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