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16. What are the three operative acts prior to the practice of law?

a. Passing the Bar Exams


b. Taking the Lawyer’s Oath
c. Signing the Roll of Attorneys

35. Can a defendant in a suit file a counterclaim against the lawyer of the
plaintiff? Why? Case 11: Chavez vs. Sandiganbayan , 193 SCRA 282,
January 24, 1991.

Answer: When a lawyer acts in the name of a client, he should not be sued
on a counterclaim in the very same case he has filed only as counsel and
not as a party. Any claim for alleged damages or other causes of action
should be filed in an entirely separate and distinct civil action. A lawyer
cannot properly attend to his duties towards his client if, in the same case,
he is kept busy defending himself.

The Republic of the Philippines, through the Presidential Commission on


Good Government (PCGG), with the assistance of SolGen Francisco
Chavez filed with the respondent Sandiganbayan a complaint docketed as
Civil Case No. 0033 against Eduardo Cojuangco, Jr. and Juan Ponce Enrile,
among others, for reconveyance, reversion and accounting, restitution and
damages.

Enrile filed a counterclaim impleading SolGen Chavez and the PCGG


officials as party defendants for lodging this alleged "harassment suit"
against him.

Issue:

1. Whether Enrile has right to file an action for damages against the
Solicitor General.

2. Whether it is proper to file a counterclaim to pursue his right against the


Solicitor General
Held: Enrile has a right to file an action for damages, but filing a
counterclaim is not the appropriate procedure. He should file a separate
and distinct civil action for damages against the Solicitor General.

Where the petitioner exceeds his authority as Solicitor General acts in bad
faith, or, as contended by the private respondent, "maliciously conspir(es)
with the PCGG commissioners in persecuting respondent Enrile by filing
against him an evidently baseless suit in derogation of the latter's
constitutional rights and liberties", there can be no question that a
complaint for damages may be filed against him. High position in
government does not confer a license to persecute or recklessly injure
another.

Even though Enrile has a right to file an action, the counterclaim cannot be
sustained. To allow a counterclaim against a lawyer who files a complaint
for his clients, who is merely their representative in court and not a
plaintiff or complainant in the case would lead to mischievous
consequences.

A lawyer owes his client entire devotion to his genuine interest, warm zeal
in the maintenance and defense of his rights and the exertion of his utmost
learning and ability. A lawyer cannot properly attend to his duties towards
his client if, in the same case, he is kept busy defending himself. It is
likewise unreasonable to require Government Prosecutors to defend
themselves against counterclaims in the very same cases they are
prosecuting.

54. What is the nature of a charging lien? Where to file the lien? Is it
enforceable by a writ of execution? Can it attach a property in litigation?
How about money claim can it be deducted to the award? Preference of
payment? Case 20: Metropolitan Bank and Trust Company vs. CA 181
SCRA 367 1990.
A charging lien is an attorney's right to have any awards made to his client
serve as a security for the payment of his attorney’s fees.

Sec 37, Rule 138

The exercise of the lien is limited only in favorable judgments for the
payment of money secured by the lawyer for the client and in the
pursuance of such judgements. The lien may not be exercised upon
judgements involving property.

72. Case 35: Almirez vs. Lopez, 27 SCRA 169

93. Case 49: Fernandez vs. Hon. Bello, 107 Phil. 1140