Professional Documents
Culture Documents
JD 4B
In the case of Burbe vs Magulta, AC No. 99-634, June 10, 2002day and
age, it was held that the practice of law is a profession and not a trade or
business because lawyering is not primarily meant to be a money-making
venture, and law advocacy is not a capital that necessarily yields profits. The
gaining of a livelihood is not a professional but a secondary consideration.Duty
to public service and to the administration of justice should be the primary
consideration of lawyers, who must subordinate their personal interests or what
they owe to themselves. The practice of law is a noble calling in which
emolument is a byproduct, and the highest eminence may be attained without
making much money.
Yes, there is a distinction. A practicing lawyer is one that has passed the
bar and is practicing in the legal profession including those who do not litigate
in court such as corporate lawyers and legal staff. A trial lawyer on the other
hand is one that litigates in court.
4. Enumerate the instances when a law student may appear in court as counsel
for a litigant.
1. Law Student Practice Rule - Under Rule 138 A 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
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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
2. In cases before the MTC - A non lawyer may appear in court if he is a
party to the litigation, in person OR through an agent or friend or
appointed by him for that purpose (Sec. 34, Rule 138, RRC)
3. In 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, of good repute for probity and ability
to aid the accused in his defense (Rule 116, Sec. 7, RRC).
4. Under the Labor code, non-lawyers may appear before the NLRC or any
Labor Arbiter, if they represent themselves, or if they represent their
organization or members thereof (Art 222, PO 442, as amended).
5. Under the Cadastral Act, a non-lawyer can represent a claimant before
the Cadastral Court (Act no. 2259, Sec. 9).
7. Prepare a complaint for Civil Action and a complaint for criminal action
AFFIDAVIT OF DESISTANCE
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1. I am the complaining witness for Acts of Lasciviousness against Jonathan
Bautista in the case entitled “People of the Philippines versus Jonathan Bautista”,
Criminal Case No. 53214, Metropolitan Trial Court, Branch No. 15, City of
Manila.
2. After my sober and soul searching assessment and analysis of the incident, I
have realized that because I was not wearing my eyeglasses and it was dark, I
cannot point out, without a doubt the accused or any other person/s who
inflicted harm against me.
3. Since I could not state with certainty and without doubt the liability of
Jonathan Bautista, in fairness to him, I am permanently withdrawing my
complaint against him. I clear him of whatever responsibility or liability to me.
5. I likewise request the Metropolitan Trial Court, Branch No. 15, City of Manila
to dismiss with prejudice the said criminal case.
Marie Bartolome
Complaining Witness
SUBSCRIBED AND SWORN to before me this 22nd day of May 20__ at the
City of Manila, Philippines.
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Jonathan Alcoriza
Public Prosecutor
JOHNNY ESCOLAR
-versus-
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and CARLOS TIRADOR alias “Pogi”,
(AT LARGE) ,
Accused.
x----------------------------------------x
INFORMATION
Article 294 paragraph 1 Robbery with Homicide of the Revised Penal Code;
That at around 6:00 o’clock in the evening of September 13, 2009, at the
corner of Dapitan and Dos Castillas Sts.,Sampaloc Manila, and within the
jurisdiction of this Honorable Court, the two (2) accused, conspiring and
confederating with each other, and helping one another, did then and there
wilfully, unlawfully, and feloniously, with intent to gain and by means of force,
violence and intimidation, to wit: by accosting one Johnny Escolar at the corner
of Dapitan and Dos Castillas Sts.,Sampaloc Manila, and unlawfully take, steal
and carry away his cellular phone and wrist watch, and thereafter when he
resisted, then Bastonero stabbed him with a knife for several times on the
chest, thereby inflicting upon the deceased mortal wounds on the chest which
were the direct cause of his death.
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JONATHAN BAUTISTA
Asst. City Prosecutor
Witnesses:
NO BAIL RECOMMENDED
CERTIFICATION
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at Manila , Philippines.
JONATHAN BAUTISTA
Asst. City Prosecutor
City of Manila
Branch 6
Baguio City
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CIVIL CASE No. A002-4345
DARLY LON V. IGLESIA,
Plaintiff,
x----------------------------------------------------------------x
COMPLAINT
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4. On February 14, 2013, Mr. Iglesia and Last Frontier Construction
Corp. entered into a written agreement for the construction of a 2
storey house located in 21 Bokawkan Road, Baguio City. Pursuant
thereto, Mr. Iglesia agreed to pay the sum of P 1,000,000.00 for
the project. He made a down payment of P500,000.00 on the
same day, with the balance to be due upon completion of the
house. Herein defendant agreed to build the house in accordance
of plaintiff design and instructions for the aforesaid price and to
complete the work on or before June 12, 2013;
5. That on April 04, 2013, while the construction of the house was
half finished, Mr. Noel Sison, the company president requested to
the plaintiff a break from the construction of the house for his
employees to have break for the holy week which Mr. Iglesia
permitted but with the assurance from Mr. Sison’s that the
construction will resume after the holidays;
7. A demand letter was sent on July 12, 2013 and another on August
15, 2013 for the defendant to complete the house construction or
to reimburse the down payment but all effort served futile;
10. Unable to move in to the new house, petitioner had to pay rental
fees for the total of P45,000 from June until September of 2014,
which would not have been incurred had Last Frontier
Construction Corp. fulfill its obligation;
12. That the contract includes stipulations for liquidated damages for
failure to complete work, wherein the Contractor is to pay the
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Owner liquidated damages equivalent to the One-Tenth of One
Percent (1/10 of 1%) of the Contract Price per calendar day of
delay until completion, delivery and acceptance of the said Works
by the OWNER to a maximum amount not to exceed 10%;
PRAYER
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e. Defendant be ordered to pay attorney’s fees in an amount
equivalent to TWENTY FIVE PERCENT (25%) of the total
amount to be adjudged in favor of plaintiffs;
f. Defendant be ordered to pay the costs of this suit.
Other reliefs just and equitable under the premises are likewise prayed
for.
Respectfully submitted this 12th day of January 2015, done in the City of
Baguio, Philippines.
Frechie Lacmaan
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I, DARLY LON V. IGLESIA, after having been duly sworn to in
accordance with law, hereby depose and state:
Affiant
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Melanie Ayodoc
Notary Public
Baguio City
Doc. No. 73; IBP Lifetime Membership No.
0821057;
Page No.15; Baguio-Benguet
INFORMATION
(Arson)
INFORMATION
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Contrary to law.
PROSECUTOR
Witnesses:
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