Margaret T.

Aribon

Legal Profession

1. A non-lawyer misrepresents himself in court and secured a favorable

decision to his client. What are the consequences with regards to the lawyer
and the favorable decision?

The acts of the lawyer in question constitute an illegal practice of law.

As a consequence, he may be charged with contempt and is punishable
by fine or imprisonment or both.
The Rules of Court provides that the unauthorized practice of law by
one’s assuming to be an attorney or officer of the court, and acting as
such without authority, may constitute indirect contempt of court. (In
Re: Petition to Sign in the Roll of Attorneys, B.M. No. 2540, 24
September 2013.). The misrepresenting lawyer may also be liable for the
criminal offense of Usurpation of Authority or Official Functions as
provided in Article 177 of the Revised Penal Code, which is consequently
punishable by a penalty of prison correctional in its minimum and
medium periods. In addition, even if the non-lawyer had but the best
intentions for his client, he had still committed a breach of the
provisions set forth in the code of professional responsibility. Canon 9 of
the Code of Professional Responsibility provides:

Canon 9 – A lawyer shall not, directly or indirectly, assist in the

unauthorized practice of law.

Although it was the lawyer himself who committed the act and did not
merely assisted in such commission, it has been provided in in re:
petition to sign in the roll of attorneys, B.M. No. 2450, 24 September
2013: “that the unauthorized practice of law by the lawyer himself is
subsumed under this provision, because at the heart of Canon 9 is the
lawyer's duty to prevent the unauthorized practice of law”.

With regards to the decision, the Rules of Court provides a safeguard to

those clients who are in good faith in believing that their lawyer had the
legal authority to represent him. If in this case, the client knew that the
 person representing him does not possess the necessary qualifications to
be considered as a lawyer yet still agrees to be represented, he is
bounded by the non-lawyer’s actions. On the other hand, assuming that
the client was in good faith and did not know that the non-lawyer was
misrepresenting him, the judgment rendered in his case will be void.

2. The US and Philippine judicial system have similarities but the Philippines
did not adopt the jury system. In your opinion, which form of judicial
system is better and why?

The history of the jury system can be traced from the Pilgrims who sailed to
the New World in the quest for religious freedom. It was on December 17,
1623, when the colony officials decreed that all criminal facts, and also
matters regarding trespasses and debts between individuals should be tried
by the verdict of 12 honest men which will be part of a jury under oath. The
first jury trial in the American colonies was held in 1630, when John
Billington was accused of murdering John Newcomin. The jury found the
defendant guilty of “willful murder by plain and notorious evidence”. He
was then executed by hanging. The Jury system has been adopted by the
United States ever since, and the system has not changed-- 12 people are
chosen to sit in criminal and civil events to make decision on matters of
facts, and the jury played a significant role on deciding upon facts to
determine someone’s guilt or non guilt. In the United States, it is
mandatory for citizens to complete jury service. Failure to do so carries a
fine of up to $2,000.

Apparently, the Philippines does not adopt such system. Cases are decided
upon a single magistrate; a neutral and impartial judge. Cases in the
Philippines are not influenced and judged by the opinion of other members
of the community. There are several advantages and disadvantages of
having such judicial system. The individual characteristics of both jurors
and the accused, and most especially the unavoidable biases of the jury play
a massive role in judging the guilt or non-guilt of an individual. While
taking into consideration several perspectives and the involvement of
ordinary individuals in determining the guilt or non-guilt of one of the
members of their community seems to be appealing at first, it is highly
improbable that such a judicial system will render a judgment with a
predominance of objectivity. There are a myriad of factors that can affect
the judgment of a juror, and it won’t always be favorable to the innocent.
For example, a woman was continuously battered by her husband for two
years, one night while they were sleeping, the woman took out her revolver
and shot her husband while asleep. In this situation, a normal individual
would easily decide in favor of the deceased, as it is a clear case of murder.
However, a more educated individual would rule in favor of the wife, as
he/she may be familiarized with the Violence Against Women and Children
Act and the concept of Battered Wife Syndrome. The point being, the
educational attainment of jurors may play a part in judgment. Obviously,
not all jurors have the same level of educational backgrounds. If the jurors
at the time of the hearing of the case were not all familiarized with the
given concepts, the judgment will render in favour of the deceased, and not
to the battered woman. For me, the jury system is problematic. Not only
does the biases and the differences of jury lead to the detriment of the
judicial system, but it also destroys the fundamental right of due process
provided in Article III, sec 1 of the 1987 constitution. The right to be heard is
understood as the right to be heard from a neutral and impartial judge--A
judge who is equipped with the necessary skills to render a fair decision. If
this fundamental right collapses, then it renders the judicial system as
futile.
Sources:
https://www.mass.gov/info-details/learn-about-the-history-of-the-jury-
system
Revised Rules of Court
1987 Constitution

Re: Petition to Sign in the Roll of Attorneys, B.M. No. 2540, 24 September
2013