Generalao, Leo Lorenz Diaz Siddayao, Janus Guerrero Fajardo, Jeremiah Minton

Mateo, Mark Anthony Tolentino Catubay, Nica Arches Suresca, Dyan Corpuz

PART I
CHAPTER 4-CLINICAL LAWYERING AND COUNSELING
Interview of a Client-A15 Suggested effective theories in criminal cases

A. INTERVIEW OF CLIENT
1. Establish essential elements of attorney-client relationship
The initial step lawyer should start to perform an act as practice of law. Until this relationship
is clearly defined and created, rights and obligations that arise between them cannot be
invoked or enforced like the right to payment of attorney’s fees and the right to the mantle
of privilege communications.

Proof of Existence of Client-lawyer relationship

a. Written Contract of Lease of Services or Retainership contract
 Best proof of the existence of client-lawyer relationship
 Written contract of employment containing specific terms and conditions is still
considered a must especially in considering the financial aspect, the lawyer’s
remuneration and extent of contingent fee he is entitled.
b. Any other form of Contract of Employment
 May be in any form, whether express or implied, and whether verbal or written
 As a rule, once the lawyer has performed an act that constitutes practice of law,
no other proof is required to show its existence except the primary evidence of
the act itself.

2. Client should be made aware of his responsibilities

In the course of interview, the client should be made aware of his responsibilities towards
the lawyer, inter alia:

a. Lawyer is entitled to attorney’s fee

 “Counsel any counsel, who is worthy of his hire, is entitled to be fully
recompensed for his services, with his capital consisting solely of his brains and
with 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.
It is indeed ironic if after putting forth the best that is in him, to secure just ice for
the party he represents, he himself would not get his due. Such an eventuality
this Court is determined to avoid. Such an eventuality this Court is determined
to avoid. It views with disapproval any and every effort of i benefited by counsel’s
services to deprive him of his hard earned honorarium. Such an attitude deserves
condemnation”(Albano vs. Coloma, Adm. Case No. 528, October 11, 1967).

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Generalao, Leo Lorenz Diaz Siddayao, Janus Guerrero Fajardo, Jeremiah Minton
Mateo, Mark Anthony Tolentino Catubay, Nica Arches Suresca, Dyan Corpuz

 Modes of payment of attorney’s fee:

o Acceptance Fee-initial payment upon acceptance of the
employment, may be lumpsum or on staggered basis.
o Appearance Fee-usually charged to clients per hearing in courts.

b. Client cannot dismiss the lawyer at will

 Client should be cautioned that while it is his prerogative to terminate the
lawyer’s services, this right is not absolute without the approval of the court
which must first be obtained in a proper proceeding for that purpose.
 On the other hand, Lawyer may withdraw his services under any of the following
circumstances:
 When the client pursues an illegal or immoral course of action in
connection with the matter he is handling
 When the client insists that the lawyer pursue a conduct violative of these
canons or rules
 When his inability to work with co-counsel will not promote the best
interest of the client
 When the mental or physical condition of the lawyer renders it difficult
for him to carry out the employment effectively
 When the client deliberately fails to pay the fees or fail to comply with
retainership agreement
 Other similar causes

c. Lawyer’s authority to control trial

 Lawyer’s authority to control trial should be recognized by the client as limited
only to matters of procedure.
 But still the client should be honestly apprised, that the lawyer’s authority does
not include the act of releasing a security or extend the time of payment, release
a guarantor, accept a certified check as payment of client’s claim, compromise
his client’s rights or confess judgment, nor enter into stipulation of facts, or to
agree on a judgment based upon the pleadings, without a special authority
(special power of attorney) therefore from the client.

3. Interviewing Techniques
a. Determine the facts
 Let him understand that all he is supposed to do is to tell the naked truth, and
leave the job to you as to what the theory or defense to adopt.
b. Be Frank and firm to the client
 Always expect that there are clients who would deliberately hide the truth from
their lawyers and purposely suggest to pursue a different or illegal course of
action in violation of professional ethics.
 Lawyer should tell the client: “My friend please, I am experienced enough to
know that you are not telling me exactly the whole thing. Why don’t we be
more frank to each other? In that way, I can better handle your case”
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Generalao, Leo Lorenz Diaz Siddayao, Janus Guerrero Fajardo, Jeremiah Minton
Mateo, Mark Anthony Tolentino Catubay, Nica Arches Suresca, Dyan Corpuz

c. Avoid frequent interruptions

 It might cause the client or witness to be rattled and confused, such that his
narrative will appear incoherent and disjointed
 Ask after he had finished his narration
d. Conduct your interview in the language that witness speaks
 Solo practitioner must not only be articulate in English Language but may also
learn how to communicate with practically all kinds of dialect
 It will help the lawyer to elicit the cold and naked facts from a witness
e. Interview all available witnesses
 Interview should not be confined to client, but to all available witnesses who will
corroborate the client’s version.
f. Trial brief preparation
 It is considered as best practice before going to trial for more effective and
systematic presentation of evidence in court.
 Trial brief contains a list of witnesses and the order of their presentation as to
which witness is going to testify on this or that document or exhibit.
g. Determine client’s needs and priorities
 Lawyer must possess a vast knowledge of procedural laws to be able to define to
his client the remedy on the first interview, and be able to define to his client the
appropriate remedy to his/her problem.
h. Amicable settlement still the best alternative
 Even if an action has been filed and remains pending in court, there is no legal
impediments for the parties to forge an amicable settlement of the case during
any stage of the proceedings

B. ANALYSIS AND DEVELOPMENT OF THEORY

As soon as you are through with the interview of witnesses including the client, and upon your
evaluation and analysis of the facts as narrated by them, you can build a court-bound case, and a
valid cause of action or defense can be drawn from their versions, you may now proceed to
research the provisions of the substantial and the procedural laws that are applicable.

Research of applicable jurisprudence may extend to the following references:

 Philippine Supreme Court decisions
 Philippine Reports
 Supreme Court Reports Annotated (SCRA)
 Corpus Juris Secundum
 Treatises and legal writings of renowned writers
 Law Textbooks
 Rules of Court; Interim Rules of Court; 1997 Rules of Civil Procedure
 Revised Rules of Criminal Procedure
 Civil Code of the Philippines(R.A. No. 386)
 Family Code of the Philippines(R.A. No. 209)
 Revised Penal Code (Codal and Annotated)

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Generalao, Leo Lorenz Diaz Siddayao, Janus Guerrero Fajardo, Jeremiah Minton
Mateo, Mark Anthony Tolentino Catubay, Nica Arches Suresca, Dyan Corpuz

 Court of Appeals decisions

 Opinions of the Secretary of Justice
 Lectures of legal authorities culled from Workshops and Seminars conducted by the U.P.
Law Center on continuing legal education;
 Administrative Orders and regulations of the DAR and Department of Labor

C. THEORY OF THE CASE DEVELOPMENT

Theory of the Case – is defined as the particular line of reasoning of either party to suit and aim
to bring together certain facts of the case in a logical sequence and correlate them in such a
manner as to produce in the mind a definite result or conclusion that the advocate believes
entitles him to the court judgment or decree in the face of such conclusion based on certain
principles of law.

NOTE: The theory or defense in a case must remain constant up to the termination of the case,
the termination here means the end of all proceedings not only in the trial stage, but also in the
appeal stage of review by the appellate court.

*Suggested effective theories in criminal cases: Theory of self-defense, whether complete or

incomplete self-defense, mistake of identity, insanity, minority of the offender or alibi, depending
on the strength of your client’s evidence, vis-à-vis a fair and honest evaluation of the weight of
prosecution evidence as can be gleaned from the pleadings, and as reflected from complainant’s
judicial affidavit.

PART II
A.M. No. 17-03-09-SC (Rule on Community Legal Aid Service)

Notes:

1. Rationale
As a way to discharge this constitutional duty (under Article III, Sec. 11 of 1987 Constitution),
lawyers are obliged to render pro bono services to those who otherwise would be denied access
to adequate legal service.

2. Scope
Mandatory requirement for “covered lawyers” to render pro bono legal aid services for 120 hours
to qualified litigants, as defined herein.

3. Definition of terms
"Covered lawyers" shall refer to those who have successfully passed the Annual Bar Examinations
and have signed the Roll of Attorneys for that particular year; for purposes of this Rule, it shall
include those who will pass the 2017 Bar Examination and are admitted to the Bar in 2018.

"Pro Bono Legal Aid Service" shall refer to supervised post admission legal services in civil,
criminal and administrative cases consisting of:
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Generalao, Leo Lorenz Diaz Siddayao, Janus Guerrero Fajardo, Jeremiah Minton
Mateo, Mark Anthony Tolentino Catubay, Nica Arches Suresca, Dyan Corpuz

1. Legal services provided without charge for the following qualified parties or litigants:
i. Indigent Party or Pauper Litigants, as defined;

ii. Other persons of limited means, as defined;

iii. Individuals, groups, or organizations rendered unable to secure free legal assistance
by reason of conflict of interest on the part of government-provided legal assistance
through the Public Attorney's Office; and IV. Public interest cases that have societal
impact and involves a group or sector of society that otherwise would not be capable of
securing legal assistance by reason of inability of other lawyers, law firms, or government
offices, including the Public Attorney's Office.

2. The following shall be considered legal services for purposes of this Rule:
i. Representation of qualified litigants, as defined, in the trial courts in civil and criminal
cases and quasi-judicial bodies in administrative cases, including proceedings for
mediation, voluntary or compulsory arbitration, and alternative dispute resolution;

ii. Legal counseling, rendering assistance m contract negotiations and drafting of related
legal documents, including memoranda of law and other similar documents that are
provided to the client. Drafting may include policy work involving legal research and
advocacy;

iii. Developmental Legal Assistance, consisting of rights awareness, capacity-building, and

training in basic human rights, documentation, and affidavit-making, rendered in public
interest cases, including legal assistance rendered by identified Public Interest Law
Groups;

Iv. Legal services provided as part of employment in the judiciary, executive, or legislative
branches of government shall be considered sufficient compliance with this Rule,
provided that the covered lawyer must already be in government service at least six
months before admission into the Bar; provided further, that the legal services provided
are substantive, as certified by the Heads of Office; and

v. Legal services provided to marginalized sectors and identities, such as but not limited
to: (a) urban poor; (b) workers/laborers; ( c) overseas foreign workers; ( d) children in
conflict with the law; and ( e) persons involved in gender issues.

"Indigent Party" shall refer to a party in a case covered by Rule 3, Section 21 of the Rules of Court.
The test for indigency shall not be based on a set financial amount but rather on the capacity to
afford the services of counsel after considering his or her basic necessities for himself or herself
and his or her family.

"Indigent Litigants" shall refer to a party in a case covered under Rule 141, Section 19 of the Rules
of Court.

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Generalao, Leo Lorenz Diaz Siddayao, Janus Guerrero Fajardo, Jeremiah Minton
Mateo, Mark Anthony Tolentino Catubay, Nica Arches Suresca, Dyan Corpuz

"Other Persons of Limited Means" shall refer to those who may not be covered by Sections ( c)
and ( d) but would, under the circumstances, not be financially able to afford the services of
counsel. This includes marginalized groups and entities such as farmers, indigenous peoples,
children in conflict with the law, victims of gender violence, and other similar causes.

4. Requirements
a. Number of hours :120 hrs. within the first year of the covered lawyers' admission to the Bar,
counted from the time they signed the Roll of Attorneys.

b. Free Legal Aid Services on Weekends - Upon written request duly approved by the
chairperson of the IBP Chapter Legal Aid Committee or the chairperson, director, or
supervising partner or lawyer from the Accredited Legal Aid Service Provider, covered lawyers
may comply with the requirements of this Rule on weekends.

c. Exemptions - The following shall be exempted from the requirements of this Rule upon
sufficient proof of their respective circumstances submitted with the OBC:

i. Covered lawyers in the executive and legislative branches of government, provided that
the covered lawyer must already be in government service at least six ( 6) months before
admission into the Bar; however, those employed upon admission into the Bar with the
judiciary, the Public Attorney's Office, the National Prosecution Service, the Office of the
Solicitor General, the Office of the Government Corporate Counsel, and the Office of the
Ombudsman shall be automatically exempt from compliance with this Rule;

ii. Those who have already undergone and completed the clinical legal education program
duly organized and accredited under Rule 138-A (The Law Student Practice Rule);

iii. Covered lawyers who have worked for at least one (1) year in law firms offering pro bona
legal services or regularly accepting counsel de oficio appointments;

iv. Covered lawyers who have previously worked for more than one (1) year as staff of a Law
School Legal Aid Office, as defined, a Public Interest Law Group, or an alternative or
developmental law group; and

v. Covered lawyers who have worked with lawyers for Public Interest Law Groups or
alternative or developmental law groups for more than one (1) year and have filed public
interest cases.

Within thirty (30) days from the date of signing the Roll of Attorneys, any aforelisted lawyer
shall submit his/her sworn statement and that of the chairperson, director or supervising
partner or lawyer of the Accredited Legal Aid Service Provider showing his/her entitlement to
the exemption from the rule. Otherwise, the new lawyer shall not be considered exempt from
the Rule.

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Generalao, Leo Lorenz Diaz Siddayao, Janus Guerrero Fajardo, Jeremiah Minton
Mateo, Mark Anthony Tolentino Catubay, Nica Arches Suresca, Dyan Corpuz

d. Supervision of Covered Lawyers - Representation in civil and criminal cases before courts and
in administrative cases before quasi-judicial agencies and the rendition of other pro bona legal
aid services shall be under the direct supervision and control of the chairperson of the IBP
Chapter Legal Aid Committee, or the chairperson, director, or supervising partner or lawyer
from the Accredited Leg al Aid Service Provider where the covered lawyers are registered or
affiliated.

e. Signing of Pleadings - Any and all pleadings, motions, briefs, memoranda, or other papers to
be filed in court or any quasi-judicial agency must be signed by the covered lawyers and co-
signed by the chairperson of the IBP Chapter Legal Aid Committee, or the chairperson,
director, or supervising partner or lawyer from the Accredited Legal Aid Service Provider.

f. Time Log and Timesheets - The IBP Chapter Legal Aid Committee or the Accredited Legal Aid
Service Provider shall keep a record of the time/hours spent by new lawyers in rendering free
legal aid services to qualified parties or litigants.

g. Certificate of Compliance - Covered lawyers shall, upon completion of the required one
hundred twenty (120) hours of free legal aid services, submit a notarized Certificate of
Compliance to the OBC issued and signed by the chairperson of the IBP Chapter Legal Aid
Committee or the chairperson, director, or supervising partner or lawyer from the Accredited
Legal Aid Service Provider where they are registered.

5. Period of Compliance
Covered lawyers shall complete the community legal aid service within twelve (12) months from
the date they sign the Roll of Attorneys. Within one (1) month after the lapse of the said period,
covered lawyers shall submit the Certificate of Compliance issued by the Accredited Legal Aid
Service Provider to the OBC.

In order to address possible economic hardships that may be caused by strict compliance with
this Rule, or for any justifiable reason, qualified lawyers may request compliance with this Rule
for two (2) years.

6. Full Credit/or Mandatory Continuing Legal Education (MCLE). -A covered lawyer who
successfully complies with the requirements of this Rule shall be given a full credit of thirty-six
(36) MCLE units for the three year-period covered by a compliance period under the Rules on
MCLE.

7. Monitoring of compliance: Office of the Bar Confidant

OBC is the office of the Supreme Court that has custody of the Bar records and personal records
of lawyers. It assists the Supreme Court in disciplining the Bar by investigating complaints against
lawyers and Bar candidates. For purposes of this Rule, it shall be the Office that accredits legal aid
providers, as defined herein, and certifies compliance or noncompliance by covered lawyers.

8. Penalties
A. Covered lawyer who fails to comply with the requirements of this Rule shall be required to
show cause in writing within ten (10) days from receipt of the notice why no disciplinary action
should be taken against him/her. Should the OBC find the explanation insufficient to justify

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Generalao, Leo Lorenz Diaz Siddayao, Janus Guerrero Fajardo, Jeremiah Minton
Mateo, Mark Anthony Tolentino Catubay, Nica Arches Suresca, Dyan Corpuz

the non-compliance, it shall recommend to the Supreme Court that the lawyer be delisted as
a “member of good standing” of the Bar.

B. Without prejudice to criminal liability, a covered lawyer who falsifies the Certificate of
Compliance required to be submitted under this Rule shall be administratively charged by the
OBC with disciplinary action up to and including disbarment before the Supreme Court.

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