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Rules of Court: Rule 138 Rule of Procedure for Small Claims Cases

Section 33. Standing in court of person authorized to appear for Section 17. Appearance of Attorneys Not Allowed. - No attorney shall
Government. — Any official or other person appointed or designated in appear in behalf of or represent a party at the hearing, unless the attorney is
accordance with law to appear for the Government of the Philippines shall the plaintiff or defendant.
have all the rights of a duly authorized member of the bar to appear in any
case in which said government has an interest direct or indirect. —

Section 34. By whom litigation conducted. — In the court of a justice of the Rules of Court: Rule 71 - Contempt
peace a party may conduct his litigation in person, with the aid of an agent
or friend appointed by him for the purpose, or with the aid an attorney. In Section 3. Indirect contempt to be punished after charge and hearing. —
any other court, a party may conduct his litigation personally or by aid of an After a charge in writing has been filed, and an opportunity given to the
attorney, and his appearance must be either personal or by a duly authorized respondent to comment thereon within such period as may be fixed by the
member of the bar. court and to be heard by himself or counsel, a person guilty of any of the
following acts may be punished for indirect contempt;
— (a) Misbehavior of an officer of a court in the performance of his
official duties or in his official transactions;
Rules of Court: Rule 116 (b) Disobedience of or resistance to a lawful writ, process, order, or
judgment of a court, including the act of a person who, after being
Section 7. Appointment of counsel de oficio. — The court, considering the dispossessed or ejected from any real property by the judgment or
gravity of the offense and the difficulty of the questions that may arise, shall process of any court of competent jurisdiction, enters or attempts or
appoint as counsel de oficio only such members of the bar in good standing induces another to enter into or upon such real property, for the
who, by reason of their experience and ability, can competently defend the purpose of executing acts of ownership or possession, or in any
accused. But in localities where such members of the bar are not available, manner disturbs the possession given to the person adjudged to be
the court may appoint any person, resident of the province and of good entitled thereto;
repute for probity and ability, to defend the accused. (7a) (c) Any abuse of or any unlawful interference with the processes or
proceedings of a court not constituting direct contempt under
— section 1 of this Rule;
(d) Any improper conduct tending, directly or indirectly, to impede,
Local Government Code of 1991 (Republic Act No. 7160) obstruct, or degrade the administration of justice;
(e) Assuming to be an attorney or an officer of a court, and
Section 415. Appearance of Parties in Person. - In all katarungang acting as such without authority;
pambarangay proceedings, the parties must appear in person without the (f) Failure to obey a subpoena duly served;
assistance of counsel or representative, except for minors and incompetents (g) The rescue, or attempted rescue, of a person or property in the
who may be assisted by their next-of-kin who are not lawyers. custody of an officer by virtue of an order or process of a court held
by him.
— But nothing in this section shall be so construed as to prevent the
court from issuing process to bring the respondent into court, or
from holding him in custody pending such proceedings. (3a)


Revised Penal Code 2. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously with the commission of
Art. 315. Swindling (estafa). — Any person who shall defraud another by the fraud:
any of the means mentioned hereinbelow shall be punished by:
(a) By using fictitious name, or falsely pretending to possess
1st. The penalty of prision correccional in its maximum period to prision power, influence, qualifications, property, credit, agency, business or
mayor in its minimum period, if the amount of the fraud is over 12,000 imaginary transactions, or by means of other similar deceits.chanrobles
pesos but does not exceed 22,000 pesos, and if such amount exceeds the virtual law library (b) By altering the quality, fineness or weight of anything
latter sum, the penalty provided in this paragraph shall be imposed in its pertaining to his art or business(c) By pretending to have bribed any
maximum period, adding one year for each additional 10,000 pesos; but the Government employee, without prejudice to the action for calumny which
total penalty which may be imposed shall not exceed twenty years. In such the offended party may deem proper to bring against the offender. In this
cases, and in connection with the accessory penalties which may be imposed case, the offender shall be punished by the maximum period of the penalty.
under the provisions of this Code, the penalty shall be termed prision mayor (d) [By post-dating a check, or issuing a check in payment of an obligation
or reclusion temporal, as the case may be. when the offender therein were not sufficient to cover the amount of the
check. The failure of the drawer of the check to deposit the amount
2nd. The penalty of prision correccional in its minimum and medium necessary to cover his check within three (3) days from receipt of notice
periods, if the amount of the fraud is over 6,000 pesos but does not exceed from the bank and/or the payee or holder that said check has been
12,000 pesos; dishonored for lack of insufficiency of funds shall be prima facie evidence
of deceit constituting false pretense or fraudulent act. (As amended by R.A.
3rd. The penalty of arresto mayor in its maximum period to prision 4885, approved June 17, 1967.)] 

correccional in its minimum period if such amount is over 200 pesos but (e) By obtaining any food, refreshment or accommodation at a hotel, inn,
does not exceed 6,000 pesos; and restaurant, boarding house, lodging house, or apartment house and the like
without paying therefor, with intent to defraud the proprietor or manager
4th. By arresto mayor in its maximum period, if such amount does not thereof, or by obtaining credit at hotel, inn, restaurant, boarding house,
exceed 200 pesos, provided that in the four cases mentioned, the fraud be lodging house, or apartment house by the use of any false pretense, or by
committed by any of the following means: abandoning or surreptitiously removing any part of his baggage from a
hotel, inn, restaurant, boarding house, lodging house or apartment house
1. With unfaithfulness or abuse of confidence, namely: after obtaining credit, food, refreshment or accommodation therein without
paying for his food, refreshment or accommodation.
(a) By altering the substance, quantity, or quality or anything
of value which the offender shall deliver by virtue of an obligation to do so, 3. Through any of the following fraudulent means:
even though such obligation be based on an immoral or illegal consideration
(b) By misappropriating or converting, to the prejudice of another, money, (a) By inducing another, by means of deceit, to sign any
goods, or any other personal property received by the offender in trust or on document (b) By resorting to some fraudulent practice to insure success in a
commission, or for administration, or under any other obligation involving gambling game (c) By removing, concealing or destroying, in whole or in
the duty to make delivery of or to return the same, even though such part, any court record, office files, document or any other papers.
obligation be totally or partially guaranteed by a bond; or by denying having
received such money, goods, or other property.

(c) By taking undue advantage of the signature of the offended party in —
blank, and by writing any document above such signature in blank, to the
prejudice of the offended party or of any third person.
Government Lawyers: Republic Act No. 6713 As to gifts or grants from foreign governments, the Congress
consents to:
Section 7. Prohibited Acts and Transactions. - In addition to acts and (i) The acceptance and retention by a public official or employee of
omissions of public officials and employees now prescribed in the a gift of nominal value tendered and received as a souvenir or mark
Constitution and existing laws, the following shall constitute prohibited acts of courtesy;
and transactions of any public official and employee and are hereby declared (ii) The acceptance by a public official or employee of a gift in the
to be unlawful: nature of a scholarship or fellowship grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants
(a) Financial and material interest. - Public officials and employees or expenses for travel taking place entirely outside the Philippine
shall not, directly or indirectly, have any financial or material (such as allowances, transportation, food, and lodging) of more than
interest in any transaction requiring the approval of their office. nominal value if such acceptance is appropriate or consistent with
(b) Outside employment and other activities related thereto. - Public the interests of the Philippines, and permitted by the head of office,
officials and employees during their incumbency shall not: branch or agency to which he belongs.
(1) Own, control, manage or accept employment as officer, The Ombudsman shall prescribe such regulations as may be
employee, consultant, counsel, broker, agent, trustee or nominee in necessary to carry out the purpose of this subsection, including
any private enterprise regulated, supervised or licensed by their pertinent reporting and disclosure requirements.
office unless expressly allowed by law; Nothing in this Act shall be construed to restrict or prohibit any
(2) Engage in the private practice of their profession unless educational, scientific or cultural exchange programs subject to
authorized by the Constitution or law, provided, that such practice national security requirements.
will not conflict or tend to conflict with their official functions; or
(3) Recommend any person to any position in a private enterprise
which has a regular or pending official transaction with their office.
These prohibitions shall continue to apply for a period of one (1)
year after resignation, retirement, or separation from public office,
except in the case of subparagraph (b) (2) above, but the
professional concerned cannot practice his profession in connection
with any matter before the office he used to be with, in which case
the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public
officials and employees shall not use or divulge, confidential or
classified information officially known to them by reason of their
office and not made available to the public, either:
(1) To further their private interests, or give undue advantage to
anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and
employees shall not solicit or accept, directly or indirectly, any gift,
gratuity, favor, entertainment, loan or anything of monetary value
from any person in the course of their official duties or in
connection with any operation being regulated by, or any transaction
which may be affected by the functions of their office.

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