paralegal (per SC)

-Bar Matter No. 553 June 17, 1993 MAURICIO C. ULEP v.THE LEGAL CLINIC, INC.
-footnote 30 In the Philippines, we still have a restricted concept and limited acceptance of what
may be considered as paralegal service. As pointed out by FIDA, some persons not duly licensed to
practice law are or have been allowed limited representation in behalf of another or to render legal
services, but such allowable services are limited in scope and extent by the law, rules or regulations
granting permission therefor.
30 Illustrations:
(a) A law student who has successfully completed his third 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 (Rule 138-A, Rules of Court);
(b) An official or other person appointed or designated in accordance with law to appear for the
Government of the Philippines in a case in which the government has an interest (Sec. 33, Rule
138,id.);
(c) An agent or friend who aids a party-litigant in a municipal court for the purpose of conducting the
litigation (Sec. 34, Rule 138, id.);
(d) A person, resident of the province and of good repute for probity and ability, who is appointed
counsel de oficio to defend the accused in localities where members of the bar are not available
(Sec. 4, Rule 116, id.);
(e) Persons registered or specially recognized to practice in the Philippine Patent Office (now known
as the Bureau of Patents, Trademarks and Technology Transfer) in trademark, service mark and
trade name cases (Rule 23, Rules of Practice in Trademark Cases);
(f) A non-lawyer who may appear before the National Labor Relations Commission or any Labor
Arbiter only if (1) he represents himself as a party to the case; (2) he represents an organization or
its members, provided that he shall be made to present written proof that he is properly authorized;
or (3) he is duly-accredited members of any legal aid office duly recognized by the Department of
Justice or the Integrated Bar of the Philippines in cases referred thereto by the latter (New Rules of
Procedure of the National Labor Relations Commission);
(g) An agent, not an attorney, representing the lot owner or claimant in a case falling under the
Cadastral Act (Sec. 9, Act No. 2259); and
(h) Notaries public for municipalities where completion and passing the studies of law in a reputable
university or school of law is deemed sufficient qualification for appointment (Sec. 233,
Administrative Code of 1917). See Rollo, 144-145.

Res judicata
- "a matter judged", res judicata is the principle that a matter may not,
generally, be relitigated once it has been judged on the merits.

- The general rule is that a plaintiff who has prosecuted one action against a
defendant and obtained a valid final judgment is barred by res judicata from
prosecuting another action against the same defendant where (a) the claim
in the second action is one which is based on the same factual transaction
that was at issue in the first; (b) the plaintiff seeks a remedy additional or
alternative to the one sought earlier; and (c) the claim is of such a nature as
could have been joined in the first action. Underlying this standard is the
need to strike a delicate balance between the interests of the defendant and
of the courts in bringing litigation to a close and the interest of the plaintiff in
the vindication of a just claim.
Case law
-the law as established by the outcome of former cases.
-refers to the precedents and authority set by previous court rulings, judicial
decisions and administrative legal findings or rulings. This is one of the main
categories of law, with constitutional law, statutory law and regulatory law.
-generally very jurisdiction-specific. For example, a case in California would
typically not be overseen and decided using precedent set in Maine. Instead,
previous California rulings on the issue would be reviewed to determine
interpretation of the law or issue, allowing a party to cite binding
precedent. If no such previous rulings exist, one may offer precedent from a
different jurisdiction, but rather than binding, this would merely be
persuasive authority. There are also other factors in play which affect the
binding authority of a specific case in common law, such as how old the
decision is and how closely the material facts match in both cases.
Stare decisis
-the doctrine of precedent. It is the abbreviation of the full Latin phrase stare
decisis et non quieta mvere, of which the literal translation is to stand by
decided matters and not to disturb settled matters. This means that a court
will rule according to a previously established decision or finding.

champertous adj.
champerty - an unethical agreement between an attorney and client that th
e attorney would sue and pay the costsof the client's suit in return for a porti
on of the damages awarded; "soliciting personal injury cases may constitutec
hamperty"
landmark case

-is a court case that is studied because it has historical and legal
significance. The most significant cases are those that have had a lasting
effect on the application of a certain law, often concerning your individual
rights and liberties.
Leading Case
-An important judicial decision that is frequently regarded as having settled o
r determined the law upon all points involved insuch controversies and there
by serves as a guide for subsequent decisions.
Obiter dictum (plural obiter dicta)
-is an opinion or a remark made by a judge which does not form a necessary
part of the court's decision. The word obiter dicta is a Latin word which
means things said by the way. Obiter dicta can be passing comments,
opinions or examples provided by a judge. Statements constituting obiter
dicta are therefore not binding. For example, if a court dismisses a case due
to lack of jurisdiction and offers opinions on merits of a case, then these
opinions constitutes obiter dicta.
-The arguments and reasoning of a dissenting opinion also constitute obiter
dicta. These, however, might also be cited should a court determine that its
previous decision was in error, as when the US Supreme Court cited Justice
Oliver Wendell Holmes, Jr.s dissent in Hammer v. Dagenhart when it
overturned Hammer in US v. Darby Lumber Co.