REFERENCE AND RESEARCH BUREAU LEGISLATIVE RESEARCH SERVICE

SUPREME COURT RESOLUTIONS AND CIRCULARS AFFECTING LEGAL PRACTICE BEFORE THE PHILIPPINE COURTS OF LAW

1.

THE LAWYER AND THE LEGAL PROFESSION A. The Legal Profession The legal profession is a branch of the administration of justice (Jayme vs. Buala, 58 Phil. 422). It is a profession whose main purpose is to aid in the doing of justice according to law between the state and the individual, and between man and man.1 B. Practice of Law As generally understood, it is the doing or performing of services in a court of justice in any manner depending therein throughout its various stages, but in a larger sense includes legal advice and counsel, and the preparation of instruments and contracts by which legal rights are secured. It embraces the preparation of pleadings, and other papers incident to actions and proceedings on behalf of clients before judges and courts, and, in addition, conveyancing, the preparation of legal instruments of all kinds, and, in general, all advice to clients and all action taken for them in matters connected with the law.2 C. Court Defined A court is a governmental body officially assembled under authority of law at the appropriate time and place for the administration of justice through which the state enforces its sovereign rights and powers (21 CJS 16). It is a board or tribunal, which decides a litigation or contest (Hidalgo vs. Manglapus, 64 OG. 3189). Courts are created either by the Constitution or by law. In the Philippines, the Supreme Court and the

1 2

Pamaran, Manuel R., Trial Practice in Philippine courts (1944), p. 1. Ibid, pp. 1-2.

Sandiganbayan are the only one provided for in the Constitution. All other courts starting from the Court of Appeals down are statutory creation and, therefore, may be abolished at anytime by the legislature.3

II.

SUPREME COURT RESOLUTIONS AND CIRCULARS Some resolutions and circulars that the Supreme Court issued in 2002 affecting the legal profession in the practice of law before the courts: 1. A.M. No. 02-01-06, SC., January 22, 2002/February 15, 2002 The Rule on Search and Seizures in Civil Actions for Infringement of Intellectual Property Rights (ANNEX A) The rule introduces an innovation to our legal system. It authorizes search and seizure in a civil case for infringement under Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, Article 50 of the Agreement on Trade Related Aspects of Intellectual Property Rights, otherwise known as TRIPS and other related laws and international conventions. (Sec. 1) The purpose of the rule is to preserve relevant evidence in an infringement case. It may be availed of during the pendency of a civil case or even before the civil case is filed. (Sec. 1) However, in case no civil actions is filed within 31 calendar days from the issuance of the writ of search and seizure, the seized articles shall, on motion, be returned to the alleged infringer. (Sec. 20) 2. Circular No. 7-2002 (ANNEX B) Guidelines for the Enforcement of Supreme Court Resolution of December 14, 1999 in Administrative Matter No. 99-10-05-0 (Re: Procedure in Extra-Judicial Foreclosure of Mortgage). As Amended by the Resolutions dated January 30, 2001 and August 7, 2001 (Annex B-1) This circular exempts from publication foreclosure of real estate mortgages covering loans not exceeding P100, 000.00 exclusive of interests due, and unpaid, granted by rural banks and thrift banks. (Sec. 4) The circular prescribes that bidding shall be made through sealed bids but in case of a tie, an open bidding shall be conducted between the highest bidders and the extra-judicial foreclosure of mortgages of real estates and/or chattels in different locations covering one indebtedness, only one filing fee corresponding to such indebtedness, shall be collected. (Sec. 5)

Ibid, p. 14.

3.

A.M. No. 02-1-19-SC, February 28, 2002/April 15, 2002 Re: Proposed Rule on Commitment of Children (ANNEX C) To ensure that every effort is exerted to promote the child's welfare and enhance the opportunities to a useful and happy life. The rule seeks to protect t he child from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to his development. (Sec. 1) The rule defines a child as a person below 18 years of age and authorizes his commitment, voluntary or involuntary, to the Department of Social Welfare and Development or any duly licensed child-caring agency or individual in appropriate cases. The rule prescribes detailed procedure to be followed in commitment cases. (Sec. 2)

4.

A.M. No. 02-1-18-SC, February 28, 2002/April 15, 2002 Re: Proposed Rule on Juveniles in Conflict with the Law (ANNEX D) The rule applies to all criminal cases involving a juvenile defined as a person who at the time of the commission of the offense is below 18 years of age but not less than nine years o ld. (Sec. 1) This is to ensure that the justice system treats every juvenile in conflict with the law in a manner that recognizes and upholds his human dignity and worth, and instills in him respect for the fundamental rights and freedom of others. The rule considers his development, age and desirability of his reintegration into and assumption of his constructive role in society in accordance with the principles of restorative justice. (Sec. 2) The rule prescribes special procedures for taking a juvenile into custody, conduct of investigation by the police, fingerprinting and photographing of the juvenile and care of the juvenile in conflict with the law. The case is to be filed and tried by the family court where the offense or any of its essential elements occurred. The rule further prescribes automatic suspension of sentence and makes all records and proceedings privileged and confidential. (Sec. 6)

5.

A.M. No. 02-2-07-SC, April 10, 2002/ May 1, 2002 Re: Proposed Amendment to Section 5 Rule 110 o f the Revised Rules of Court (ANNEX E) Section 5, Rule 110 of the Revised Rules of Court governs the appearance of private prosecutors in criminal cases where due to heavy work schedule of the public prosecutor or in the event of lack of public

prosecutors, a private prosecutor may be authorized in writing subject to the approval of the court.

6.

Administrative Circular 20-2002, April 24, 2002. Monthly Inventory and Referral of Case for Mediation (ANNEX F) This circular follows a series of circulars governing the pilot testing of mediation in several cities in the country. It lays down measures to be observed and complied with by the presiding judges and branch Clerk of Court.

7.

A.M. 02-8-02-SC, August 13, 2002/ September 2, 2002 Re: Proposed Rules Requiring Notaries Public to Hold Office at a Specific and Appropriate Address/Addresses (ANNEX G) The Supreme Court approved these rules to improve supervision by Executive Judges of notaries public and to prevent the office of the notary public from being demeaned and degraded by improper practices such as the performance of notarial services along sidewalks and in other inappropriate public places.

8.

Supreme Court Resolution 01-7-01-SC, July 17, 2002/August 1, 2002 Re: Rules on Electronic Evidence (ANNEX H) The Rules on Electronic Evidence was drafted pursuant to ECommerce Law (RA No. 8792). They shall apply to cases pending after the effectively of the rules.

9.

Administrative Circular 58-2002, November 14, 2002/1 December 2002 Requiring an Expeditious Disposition of Criminal Cases Involving Tourists (ANNEX I) Pursuant to A.M. No. 02-8-12 SC (Re: In the matter of the Creation of Night Courts or Special Tourist Courts Exclusively to Attend to Tourist-Related Crime), criminal cases where the offended party or complainant is a tourist or transient in this country shall be given priority and must be decided within 24 hours from the date of filing in court.

10.

A.M. 85-3-001-CTA, September 24, 2002/November 4, 2002 Re: Increase in CTA Docket Fees (ANNEX J) The Supreme Court amended Section 1, Rule 17 of the Rules of the Court of Tax Appeals on docket fees in seizure cases when the claim, disputed tax or value of property is from P50,000.00 up to a value, which cannot be estimated.

11.

En Banc Resolution Amendment on the Clarification on the Legal Fees to be Collected in Cases of Corporate Rehabilitation as Provided in A.M. 008-10-SC, December 10, 2002 (ANNEX K). The resolution clarifies a September 4, 2001 resolution issued in A.M. 00-8-10-SC providing that petitions for rehabilitation of corporations should be considered as a special proceeding and the amount of filing fees should be assessed in accordance with Section 7(d), Rule 141 of the Revised Rules of Court and resolved to adopt a new schedule of filing fees.

III.

NEWS CLIPPINGS (Philippine Star, Business Section) 1. Francis Lim 1.1. Supreme Court Resolutions and Circulars Affecting Legal Practice Before the Philippine Courts, January 21, 2003 and February 4, 2003, p. B-4 (ANNEX L). Atty. Lim calls the attention of lawyers to the importance of the 2002 Supreme Court Resolutions and Circulars affecting the legal practice before the Philippine Courts and discusses the merits of the same.

(JUDICIARY: SC RES. AND CIR. AFFECTING LEGAL PRACTICE) RRB/LRS RHAB/PEP/toe/amt 3-25-03