RE: Questions asked by Judge Montejo
CANON 1 - A LAWYERSHALL UPHOLD
on Legal Ethics (Quiz or Verbal)
1. What are the lawyer's duties to his
client?
Canon 14 - A lawyer shall not refuse his services to
the needy;
Canon 15 A lawyer shall observe candor, fairness
and loyalty in all his dealings and
transactions with his clients;
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;
Canon 16 A Lawyer shall hold in trust all moneys
and properties of his client that may
come into his possession;
Rule 16.01 A Lawyer shall account for all
money or property collected or received for
or from the client;
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 of his client when due or upon
the demand.;
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;
Canon 18 A lawyer shall serve his client with
competence and diligence;
Canon 19 A lawyer shall represent his client with
zeal within the bounds of the law;
Canon 20 A lawyer shall charge only fair and
reasonable fees.
2. What are the basic requirements for
all applicants to the admission of the
bar?
a) A citizen of the Philippines;
b) At least twenty-one years of age;
c) Of good moral character;
d) A resident of the Philippines;
e) Must produce before the Supreme
Court; and
f) No charges against him, involving moral
turpitude, having been filed or are
pending in any court in the Phil.
3. What are the four-fold duties of the
lawyer according to the Code of
Professional Responsibility?
CLIENT
CANON 14 - A LAWYERSHALL NOT REFUSE
HIS SERVICES TO THENEEDY.
Rule 14.01- no discrimination against clients
sex, race, creed, status or his
guilt of the crime accused.
Rule 14.02- shall not decline any appointment
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COURT
THECONSTITUTION, OBEY THE LAWS OF
THELAND AND PROMOTERESPECT FOR LAW
OFAND LEGALPROCESSES.
A lawyer shall refrain doing unlawful, dishonest,
immoral ..
COLLEAGUES
CANON 7 - ALAWYER SHALL ATALL TIMES
UPHOLDTHE INTEGRITY ANDDIGNITY OF
THELEGAL PROFESSIONAND SUPPORT
THEACTIVITIES OF THEINTEGRATED BAR.
He shall be liable to any false statements and
shall not support.
COMMUNITY
CANON 10 - A LAWYER OWES CANDOR,
FAIRNESS AND GOODFAITH TO THE COURT
He shall not do any falsehood, misquote or
misrepresent the text or assert the fact which is
not true and shall only be guided by the rules of
procedure.
4. Are non-lawyers allowed to
appear in court?
In general rule, only those who are licensed
to practice law can appear and handle
cases in court
Exemptions:
1. Cases before the MTC: Party to the
litigation, in person OR through an
agent or friend or appointed by him for
that purpose (Sec. 34, Rule 138, RRC)
2. Before any other court: Party to the
litigation, in person (Ibid.)
3. Criminal case before the MTC in a
locality where a duly licensed member of
the Bar is not available: the judge may
appoint a non-lawyer who is:
a. resident of the province
b. of good repute for probity and ability
to aid the accused in his defense
(Rule 116, Sec. 7, RRC).
4. Legal Aid Program A senior law
student, who is enrolled in a recognized
law schools clinical education program
approved by the supreme Court may
appear before any court without
compensation, to represent indigent
clients, accepted by the Legal Clinic of
the law school. The student shall be
under the direct supervision and control
of an IBP member duly accredited by the
law school.
5. Under the Labor code, non-lawyers may
appear before the NLRC or any Labor
Arbiter, if
 a. they represent themselves, or if 2.2 appear as counsel in any criminal case
wherein an officer or employee of the national or local
government is accused of an offense committed in
b. they represent their organization or relation to his office;
members thereof (Art 222, PO 442, as
amended). 2.3 collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official;
6. Under the Cadastral Act, a non-lawyer can
represent a claimant before the Cadastral 2.4 use property and personnel of the
Court (Act no. 2259, Sec. 9). government except when the Sanggunian member
5. Who are the public officials concerned is defending the interest of the
government.
who cannot practice law in the
Philippines? (Even if they are
3. Under RA 910, Sec. 1, as amended, a retired
lawyers) justice or judge receiving pension from the
5.1 Judges and other officials as employees government, cannot act as counsel in any civil case in
of the Supreme Court (Rule 148, Sec. 35, which the Government, or any of its subdivision or
RRC). agencies is the adverse party or in a criminal case
5.2 Officials and employees of the OSG wherein an officer or employee of the Government is
(Ibid.) accused of an offense in relation to his office.
5.3 Government prosecutors (People v. 8. Is membership to the IBP
Villanueva, 14 SCRA 109). automatic?
54 President, Vice-President, members of
After taking his oath, a lawyer
the cabinet, their deputies and assistants
(Art. VIII Sec. 15, 1987 Constitution). automatically becomes a member of the
5.5 Members of the Constitutional IBP- an official unification of the entire
Commission (Art IX-A, Sec. 2, 1987 lawyer population
Constitution) 9. What are the objectives of the
5.6 Ombudsman and his deputies (Art. IX, IBP?
Sec. 8 (2nd par), 1987 Constitution) a. To elevate the standards of the legal
5.7 All governors, city and municipal mayors profession;
(R.A. No. 7160, Sec. 90). b. To improve the administration of justice;
5.8 Those prohibited by special law. and
c. To enable the bar to discharge its public
6. Who are the members of the responsibility more effectively.
legislature? Upper and Lower
House 10. What is a notary public?
a. A person appointed by the court
7. What are the restrictions of whose duty is to attest to the
genuineness of any deed or
practicing law in Sangguniang writing in order to render them
Bayan? By retired justices and available as evidence of facts
judges? stated therein; and
1. No Senator as member of the House of b. who is authorized by the statute
Representative may personally appear as to administer various oaths.
counsel before any court of justice as before
the Electoral Tribunals, as quasi-judicial and 11. Enumerate the official acts
other administration bodies (Art. VI, Sec. 14,
1987 Constitution).
that a notary public performs.
11.a JURATS
11.b ACKNOWLEDGMENTS
11.c OATHS AND AFFIRMATIONS
11.d SIGNATURE WITNESSING
2. Under the Local Government Code (RA 7160, 11.e ANY OTHER ACT AUTHORIZED
Sec. 91)Sanggunian members may practice their BY THE RULES
professions provided that if they are members of 11.f COPY CERTIFICATIONS
the Bar, they shall not:
2.1 appear as counsel before any court in any 12. What are the purpose of
civil case wherein a local government unit or any
office, agency, or instrumentality of the government is
notarization?
the adverse party; 13. What are the qualifications
of a notary public?

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 13.a Must be a citizen of the
Philippines;
13.b Must be over twenty-one (21) yrs old;
13.c Resident in the Phil for at least one
(1) yr and maintains a regular
place of work /business in the city
or province where the commission
is to be issued;
13.d Member of the Phil Bar in good
standing with clearances from the
Office of the Bar Confident of the
Supreme Court and the IBP; and
13.e Must not have been convicted in
the first instance of any crime
involving moral turpitude
14. What is the term of office of
a notary public?
- Two (2) years -
15. What can be notarized?
- official notarial register of notarial acts
16. What are the effects of
notarization?
An improperly notarized document cannot
be considered a public document and will
not enjoy the presumption of its due
execution and authenticity (DELA RAMA vs.
PAPA, G.R. No. 142309, January 30, 2009,
Second Division, Tinga, J.).
Be that as it may, while notarized
document enjoys the presumption of
regularity, the fact that a deed is notarized is
not guarantee of the validity of its contents
(SAN JUAN vs. OFFRIL, G.R. No. 154609,
April 24, 2009, Second Division, Tinga, J.).
17. Enumerate the instances
when a notary public is
disqualified to conduct
notarization.
17.a Is a party to the instrument or
document;
17.b Will receive, as a direct/indirect result,
any commission fee, advantage, right,
title, interest, cash, property or other
consideration, except as provided by the
Rules and by law;
17.c Is a spouse, common-law partner,
ancestor, descendant or relative by
affinity or consanguinity of the principal
within the fourth civil degree.
18. Enumerate the instances
when a notary may mandatorily
refuse to notarize.
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18.a When the notary knows or has good
reason to believe that the notarial act
or transaction is unlawful or immoral;
18.b When the signatory shows a
demeanor which engenders in the
mind of the notary public reasonable
doubt as to the formers knowledge of
the consequences of the transaction
requiring a notarial act;
18.c If in the notarys judgment, the
signatory is not acting in his/her own
free will
18.d If the documents or instrument to be
notarized is considered as an
improper documents by the Rules.
19. What is a notarial register?
SECTION 1. Form of Notarial Register.
(a) A notary public shall keep, maintain,
protect and provide for lawful inspection as
provided in these Rules, a chronological
consisting of a permanently bound book with
numbered pages.
(b) A notary/ public shall keep only one
active notarial register at any given time.
SEC. 2. Entries in the Notarial Register. - (a)
For every notarial act, the notary shall
record in the notarial register at the time of
notarization the following:
(1) the entry number and page number;
(2) the date and time of day of the notarial
act;
(3) the 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;
(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
20. What is the jurisdiction of a
notary public?
- Within his Jurisdiction and his regular
place of work or business.
21. As a general rule,
notarization of documents must
be at the notary publics regular
 place of work, what are the
exceptions?
21.a Public offices,, convention halls, and
similar places where oaths of office
may be administered;
21.b Public function areas in hotels and
similar places for the signing of
instruments or documents requiring
notarization;
21.c Hospitals and medical institutions
where a party to the instruments or
documents is confined for treatment;
and
21.d Any place where a party to the
instrument or documents requiring
notarization is under detention
22. Enumerate the instances
under Rule XI, Section 1, when
the commission of notarization
may be revoked.
22.a Who fails to keep a notarial register;
22.b Fails to make the appropriate entry or
entries in his notarial register
concerning his notarial acts;
22.c Fails to send the copy of the entries to
the Executive Judge within the first ten
(10) days of the month following;
22.d Fails to submit his notarial register, when
filed, to the Executive Judge;
22.e Fails to make report, within a reasonable
time, to the Executive Judge
concerning the performance of his
duties as may be required by the
Judge;
22.f Fails to require the presence of the
principal at the time of the notarial act;
22.g Fails to identify the principal on the basis
of personal knowledge or competent
evidence;
22.h Executed a false or incomplete certificate
under Section 5, Rule IV;
22.i Knowingly performs or fails to perform
any other act prohibited or mandated by
the Rules; and
22.j Commits any other dereliction or act which
in the judgment of the Executive Judge
constitutes good cause for the revocation
of the commission or imposition of
administrative sanction.
1. What is legal ethics?
- is a branch of moral science, which treats of
the duties which an attorney owes to the
court, to the client, to his colleagues in the
profession and to the public as embodied in
the Constitution, Rules of Court, the Code of
Professional Responsibility, Canons of
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Professional Ethics, jurisprudence, moral
laws and special laws.
2. What are the original bases of
legal ethics?
Original Bases of Legal Ethics:
Canons of Professional Ethics
Supreme court Decisions
Statistics
Constitution
Treatises and publications
3. What is the present basis of
legal ethics?
Code of Professional Responsibility
4. What is the significance of legal
ethics?
Law is a profession and lawyers have
certain obligations to their clients and to the
court. These obligations are generally
articulated in a Code of Ethics or Rules of
Practice. ... The Rules made under the Act
make provision for an allegation or complaint
of professional misconduct or unprofessional
conduct.
5. Define the following terms
commonly used in legal ethics:
a. Bar and Bench Bar refers
to the whole body of attorneys
collectively or to the members of
the legal profession. Bench
denotes the whole body of
judges.
b. Bar Admission - Admission
to the bar is the granting of
permission by a particular court
system to a lawyer to practice law
in that system.
c. Lawyer - is a professional who
is qualified to offer advice about
the law or represent someone in
legal matters. A lawyer can also
be called an attorney, a solicitor,
a counselor, a barrister.
d. Trial Lawyer One who
personally handles cases in
court, quasi-judicial agencies or
boards and engages in actual trial
work.
e. Practicing Lawyer - A
practicing lawyer is one who is (a)
licensed and (b) actively working
as a lawyer.
 f. Client - a person or organization
using the services of a lawyer or
other professional person or
company.
g. Attorneys-at-Law refers to
that class of persons who are
licensed officers of the courts
empowered to appear, prosecute
and defend cases in court.
h. Attorney-in-Fact An agent
whose authority is strictly limited
by the instrument appointing him.
He is not necessarily a lawyer.
i. Counsel de Oficio - Is a
lawyer appointed by the court to
defend an accused who cannot
afford to hire the services of counsel.
j. Attorney ad-hoc -a person named
and appointed by the court to defend an
absentee defendant in the suit in which the
appointment is made
k. Attorney of Record - one who has
filed a notice of appearance and who
hence is formally mentioned in court
records as the official attorney of the party.
Person whom the client has named as his
agent upon whom service of papers may
be made.
l. Of Counsel An experienced
lawyer usually a retired justice of the
Supreme Court or Court of Appeals
employed by law firms as consultants.
m. Lead Counsel - The counsel on
their side of a litigated action who is
charged with the principal management
and direction of a partys case.
n. House Counsel - Lawyer who acts
as attorney for business though carried
as an employee of that business and
not as an independent lawyer.
o. Amicus Curiaean experiences
and impartial lawyers invited by court
to appear/help in the disposition of the
issues not to represent any party but
to assist the court
p. Amicus Curiae Par Excellence
refers to a bar association who
appear in court as a friend of the court.
Act as consultant to guide the court in
a doubtful question/issue pending
before it.
q. Bar Association - an association of
members of the legal profession.
r. Commission on Bar Discipline
-
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s. Advocate - The general and popular
name for a lawyer who pleads on
behalf of someone else.
t. Barrister (England) - person
entitled to practice law as an advocate
or counsel in superior court.
u. Solicitor (England vs Philippines)
v. Proctor - Formerly, an attorney in the
admiralty and ecclesiastical courts whose
duties and business correspond to those of
an attorney at law or solicitor in Chancery.
w. Titulo de Abogado - it means not
mere possession of the academic degree
of Bachelor of Laws but membership in the
Bar after due admission thereto,
qualifying one for the practice of law.
x. Barratry - offense of frequently
exciting and stirring up quarrels and
suits, either at law or otherwise;
Lawyers act of fomenting suits
among individuals and offering his
legal services to one of them.
y. Ambulance Chasing is the
solicitation of almost any kind of legal
business by an attorney, personally
or through an agent, in order to gain
employment
Practice of Law
any activity, in or out of court which
requires the application of law, legal
procedure, knowledge, training and
experience. To engage in the practice of
law is to give notice or render any kind of
service, which or devise or service
requires the use in any degree of legal
knowledge or skill (Cayetano v. Monsod,
201 SCRA 210).
Attorney-at-law/Counsel-at-
aw/Attorney/Counsel/ Abogado/Boceros:
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 (Cui v. Cui, 120 Phil. 729).
6. What are the basic
requirements for all
applicants for admission to
the bar?
6.1 citizen of the Philippines
6.2 at least 21 years old
6.3 of good moral character
6.4 Philippine resident
 6.5 Production before the supreme
court satisfactory evidence of:
good moral character
6.6 no charges against him, involving moral
turpitude, have been filed or are
pending in any court in the Philippines.
7. What is the importance of the
new code? (Code of
Professional Responsibility)
8. What is an honorary position
in the IBP?
9. When does the practice of law
become a right, and not just a
privilege?
10. Explain why the practice of
law is a mere privilege and
not a right.
11.What is a good moral
character?
12. What is moral turpitude?
13. Can a Filipino Lawyer who has
lost his citizenship by virtue of
naturalization as a citizen of
another country practice law
again in the Philippines should
he wished to do so? Is it
automatic?
14. What are the four (4) conditions
that a repatriated Filipino
Lawyer must comply before he
can re-practice law in the
Philippines?
15. Enumerate the duties
attorneys .
15.1 to maintain allegiance to the
Republic of the Philippines and to
support the Constitution and obey
the laws of the Philippines;
15.2 to observe and maintain the
respect due to the courts of justice
and judicial officers;
15.3 to counsel or maintain such actions
or proceedings only as appear to
him as just, and such defenses
only as he believes to be honestly
debatable under the laws;
15.4 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;
15.5 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 clients
business except from him or with
his knowledge and approval;
15.6 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;
15.7 not to encourage either the
commencement or the continuance
of an action or proceeding, or
delay any mans cause for any
corrupt motive or interest;
15.8 never to reject, for any
consideration personal to himself,
the cause of the defenseless or
oppressed;
15.9 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
or liberty, but by due process of
law.
16. Distinguish moral character
from good reputation.
Moral character or character is an
evaluation of a particular individual's
stable moral qualities. The concept of
character can imply a variety of attributes
including the existence or lack of virtues
such as empathy, courage, fortitude,
of
honesty, and loyalty, or of good
behaviors or habits.
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 Good Reputation-the estimation or
name of being, having, having done,
etc., something specified:
17. Give an example of instances of
gross immorality.
Gross immorality is willful, flagrant, or
shameful immorality. It is showing a
moral indifference to the opinions of the
good and respectable members of the
community and to the just obligations of
the position held by the delinquent.
The following is an example of a case law on
gross immorality:
If a public officer, whose duty it is to
prosecute the keeper and inmates of a
house of ill fame, resorts to the same for
immoral purposes, he is guilty of gross
immorality, and thereby forfeits his office.
[Moore v. Strickling, 46 W. Va. 515 (W.
Va. 1899)].
18. When do we say that immorality
becomes a ground for
disciplinary action?
19. Enumerate the four (4) purposes
for the requirement of good moral
character.
20. What rule that empowers IBP to
entertain cases of disbarment filed
before it?
21. Does IBP have the power to
suspend or disbar a lawyer?
Explain.
22. Distinguish the mode of
membership between the National
IBP and IBP Chapter.
23. When was the IBP constituted as a
body Corporate? What is the law
that gave birth to its creation?
24. Who are the lawyers exempted
from taking up Mandatory
Continuing Legal Education
(MCLE)?
24.1 President, V-President, Secretaries,
Under Sec of Executive Dept;
24.2 Senators and members of the
House of Rep;
24.3 The Solicitor General and the
Assistant Solicitor General;
24.4 The Chairman and members of
the Constitutional Commissions
24.5 Heads of Govt agencies
exercising quasi-judicial functions;
24.6 Governors and mayors
25. To whom does the Code of
Professional Responsibility apply?
26. To whom does the Code of
Judicial Ethics as enhanced by the
New Code of Judicial Conduct
apply?
a
27. What is Bar Matter No. 850 in
relation to MCLE? When was it
promulgated?
-On August 8, 2000 Mandatory
Continuing Legal Education (MCLE)
adopting the Rules on the Continuing
Legal Education for Members of the
IBP
28. When is MCLE required?
- Members of the IBP shall complete
every three (3)years at least 36 hours
of continuing legal education activities
unless exempted under Rule 7.
-
29. Enumerate how many legal
education activities and the exact
number of hours per activity must a
lawyer undergo in order to comply
with MCLE.
Morality as understood in law This is a
human standard based on natural moral
law which is embodied in mans
conscience and which guides him to do
good and avoid evil.
Moral Turpitude:
any thing that is done contrary to
justice, honesty, modesty or good
morals.
Immoral Conduct:
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that conduct which is willful, flagrant, or shameless
and which shows a moral indifference to the
opinion of the good and respectable
members of the community (Arciga vs.
Maniwag, 106 SCRA 591).
Grossly Immoral Conduct:
One that is so corrupt and false as to
constitute a criminal act or so
unprincipled or disgraceful as to be
reprehensible to a high degree; it is a
WILLFUL, FLAGRANT or
SHAMELESS ACT which shows a
MORAL INDIFFERENCE to the
opinion of respectable members of the
community. (Narag vs. Narag, 1998)

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