JURISTS BAR REVIEW CENTER™
THESE NOTES ARE MEANT TO BE SHARED,
SHARING THEM iS A GOOD KARMA WAITING TO HAPPEN
LEGAL AND
JUDICIAL ETEBICS
from
4 to Z
NOWEMBER 20/9 EDITION
HAND OUT NO.5, SERIES OF 2019
COMPILED BY
Prof. Erickson H. Balmes*
ALL THINGS,
IN FAITH,
ARE POSSIBLE WITH GOD!
‘# Member, UP Law Center Committee on the Suggested Answers in Commercial Law and Legal and
Judicial Ethics.
@ MCLE and Bar Reviewer in Legal Ethics and Commercial Law - Jurists Bar Review Center,
Cosmopolitan Review Center, CPRS Bar Review Center, Luminous Bar Review, Dagupan, Powerhaus
Review Center, Chan Robles Internet Review, PCU Bar Review, Albano Review Center and UP LAW
Center.
# Member, Law Faculty, University of the East, Centro Escolar University, Arellano University, De La
Salle University, University of Batangas, Far Eastern University, Polytechnic University
Philippines, Philippine Christian University, Universidad de Manila,
Deputy Commissioner, Insurance Commission
of the
Prof, Erickson [. BalmesJURISTS BAR REVIEW CENTER™
THESE NOTES ARE MEANT TO BE SHARED,
SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN
AQuo
A reference to the previous court or tribunal from where a case or matter originated,
Thus, the term court a quo in appealed cases refers to a lower court whose decision is
under review.
Advance Sheet
‘A promulgated decision of the court which is made available in a temporary form
prior to printing or publication
Advocate
‘A person who champions the cause of another in a court of law. It usually refers to a
legal counselor or attorney-at-law.
Affidavit
An ex parte statement in writing made under oath before a notary public or other
officer authorized to administer oaths, about facts which the affiant either knows of
his own personal knowledge or is aware of to the best of his knowledge.
Amicus Curae
A “friend of the court" whose legal learning or expertise is judicially sought to advise
on matters of which a judge may be doubtful or in need of special assistance.
Bangalore Draft
The draft, agreed to by world jurists in a judicial conference held in Bangalore, India,
and adopted as the model by the Supreme Court of the Philippines in promulgating
the New Code of Judicial Conduct for the Philippine Judiciary and the Code of Conduct for
Court Personnel, both of which took effect on June 1, 2004. A.M. No, 03-05-01-SC, April
27, 2004.
Case at Bar
The case being tried by the trial court in the exercise of its jurisdiction, ie., the case
that is currently the subject of a particular trial or judicial proceeding.
Case at Bench
The case being heard before an appellate court.
LEGAL BTHIOS FROMATOZ
Prof. Ericksow H. BalmesJURISTS BAR REVIEW CENTER™
THESE NOTES ARE MEANT TC BE SHARED,
SHARING THEM iS A GOOD KARMA WAITING TO HAPPEN.
Champertous Contract
An agreement that is deemed void being against public policy and professional legal
ethics whereby a lawyer agrees to prosecute at his own expense the recovery of a
thing or property for a litigant who agrees to share with him a portion or pay him an
amount corresponding to a percentage of the value of the thing or property thus
recovered or won in the suit. It is akin to instigating a claimant to file suit with the
lawyer advancing the costs of suit in return for a substantial fee if successful.
Conclusiveness of Judgment
A doctrine stating that a fact or question which was an issue in a former suit and that
was judicially passed upon and determined by a court of competent jurisdiction is”
conclusively settled by the judgment therein as far as the parties to that action and
persons in privity with them are concerned, and cannot again be litigated in any
future action between such parties or their privies in the same court or any other
court of concurrent jurisdiction on either the same or different cause of action, while
the judgment remains unreversed by proper authority. Cayana vs. CA, 426 SCRA 10;
Oropesa Marketing Corporation vs. Allied Bank, 393 SCRA 27.
Consent Judgment
A compromise agreement between the parties to end further litigation by having a
court of competent jurisdiction approve the compromise as having the same force
and effect as a judgment by the court. Thus, once approved, it has the force of res
judicata with respect to the contentious issues in the case. Such a judgment, as a rule,
is immediately executory. Del Rosario vs. Madayag and Leviste, 247 SCRA 767; Central
Bank vs. CA, 61 SCRA 348; Pasay City vs. Manila, 132 SCRA 156.
Contempt of Court
It is a defiance of the authority, justice or dignity of the court-such conduct as tends to
bring the authority and administration of the law into disrespect of, to interfere with,
or prejudice parties litigant or their witnesses during litigation. It signifies not only a
willful disregard or disobedience to the court's order but such conduct which tends to
bring the authority of the court and the administration of law into disrepute or in
some manner to impede the administration of justice. Halili vs. Court of Industrial
Relations, 136 SCRA 112.
LEGAL ETHICS FROM ATOZ
Prof. Erickson H. BalmesJURISTS BAR REVIEW CENTER™
THESE NOTES ARE MEANT TO BE SHARED,
SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN.
Contingent Fee Agreement
A no recovery, no fee agreement between a lawyer and a client, ie, if the amount wins
his case, he acquires a right to whatever amount is stipulated between him and his
client.
Counsel de Oficio
A lawyer appointed by the court to render free legal assistance to an indigent litigant
who cannot afford to pay for legal representation. It is in pursuance of the mandate
under Sec.11, Article Il] of the Constitution which states: “Free access to the courts
and quasi-judicial bodies and adequate legal assistance shall not be denied to any
person by reason of poverty.”
Custodia Legis
A Latin phrase which means “in the custody of law” that is, in the lawful and physical
possession of a court of public officer obedience to a judicial or administrative order.
De Minimis
A Latin adjective for describing something that is too insignificant or trifling for the
courts to bother with.
Disbarment
The act of the Court in withdrawing from an attorney the right to practice law.
Hurried justice
Such promptness as is not sobered with prudence and wisdom in the final disposition
of cases frequently resulting in speedy injustice.
Judge's Family
Under the New Code of Judicial Conduct, a judge's family includes his spouse and
children, as well as children-in-law, and any other relative by consanguinity or
affinity\within the sixth civil degree, or person who is a companion or employee of
the judge and who lives in the judge's household.
Judgment
An adjudication by the court that the accused is guilty or is not guilty of the offense
charged, and the imposition of the proper penalty and civil liability provided for by
law on the accused. It is usually the dispositive portion of the decision, but may be
used interchangeably with the term decision itself. Sec.1, Rule 120.
: LEGAL ETHICS FROM ATOZ
Peofitrtenson Tie balinesJURISTS BAR REVIEW CENTER™
THESE NOTES ARE MEANT TO BE SHARED,
SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN
Judicial and Bar Council
A constitutionally-created body attached to the Supreme Court whose principal
function is to recommend to the President who to appoint as justices and judges. it is
composed of the Chief Justice as ex officio chairman, the Secretary of Justice and a
representative of Congress as ex officio members, a representative of the Integrated
Bar of the Philippines, a professor of law, a retired justice of the Supreme Court, anda
representative of the private sector. Sec. 8, Article VIII of the 1987 Constitution.
Judicial Power
The all-powerful legal authority of the judiciary, as a co-equal and independent branch
of gov t, derived from Sec.1, Article VIII of the 1987 Constitution which states:
“Judicial power shall be vested in one Supreme Court and in such lower courts as may
be established by law. Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government.”
judicial Review
The underlying power of the courts to scrutinize the acts of the Executive and
Legislative branches of the government, as well as administrative agencies exercising
quasi-judicial authority on questions of law and jurisdiction, as well as their exercise
Jurat
The bottom line in a legal document, usually an affidavit, which bears the notary
public’s signature and seal attesting to the fact that the person who had the document
prepared swore to and signed it in the presence of the notary public.
Juris Consult
A lawyer who is recognized as an expert in a specialized branch of the law, eg,
international law, constitutional law, Sharia or Islamic law. A juris consult is an
existing position in the judiciary under Shari'a law in our country.
Justice
A title reserved by law and Court rules in reference to incumbent and retired
members of the Supreme Court, Court of Appeals, Sandiganbayan, and the Court of
5
LEGAL ETHICS FROM 4 XO Z
PrafeBrigkvon 1. BahwesJURISTS BAR REVIEW CENTER™
THESE NOTES ARE MEANT TO BE SHARED,
SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN
Tax Appeals only. It may niot be used by other officials from whichever branch of
government even if said officials are given the rank of justice. JBC No 001, En Banc
Resolution, Feb. 14, 1989.
Liberty and Prosperity Doctrine
A judicial philosophy espoused by Chief Justice Artemio V. Panganiban which
advances the view that “in cases involving liberty, the scales of justice should weigh
heavily against the government, and in favor of the poor, the oppressed, the
marginalized, the dispossessed, and the weak; but in conflicts primarily concerned
with economic policies, courts must be deferential to the political branches of
government, namely, the Presidency and Congress; hence, as a rule, courts will not
pass upon the merits or wisdom of economic policies, for these matters have been left
by the people to the President and Congress to evaluate and decide.” Bayan Muna vs.
Ermita, GR No. 169838, April 25, 2006; La Bugal-B'Laan Tribal Association, Inc. vs.
Ramos, #45 SCRA 1.
Litigation
A lawsuit, that is, al
legal proceeding to seek redress in a court of law.
Litis Pendentia
A doctrine against multiplicity of suits such that a latter action is dismissed upon a
plea of an already pending action in court on the same subject matter involving the
same parties who pray for relief founded on the same set of facts. Suntay vs. Aguiluz,
209 SCRA 500; IFC vs. Ebarle, 163 SCRA 60; Andersons Group, Inc. vs. CA, 266 SCRA 423.
Malpractice
The failure of a lawyer to exercise on behalf of his client, the knowledge, skill and
ability ordinarily possessed by members of the Bar whereby an actual loss is caused
the client (7 Am Jur 2d Attys,, sec. 167, et seq)
Money Intrinsically Linked with Litigation
(Based on the 2019 Coverage of the Bar Exams in Legal and Judicial Ethics)
Money entrusted to a lawyer for a specific purpose such as for the filing and
processing of a case if not utilized, must be returned immediately upon demand.
Failure to return gives rise to a presumption that he has misappropriated it in
violation of the trust reposed on him. And the conversion of funds entrusted to him
constitutes gross violation of professional ethics and betrayal of public confidence in
LEGAL = ATOZ
nL, BalesJURISTS BAR REVIEW CENTER™
THESE NOTES ARE MEANT TO BE SHARED.
SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN
the legal profession. (SUZETTE DEL MUNDO,
vs. ATTY. ARNEL C. CAPISTRANO, A.C. No. 6903, April 16, 2012)
Motion
Every application for an order not included in a judgment is a motion.
Moot and Academic
In judicial parlance, an issue is said to have become moot and academic when it ceases
to present a justiciable controversy so that a declaration on the issue would be of no
practical use or value. Banco Filipino vs. Tuazon, 425 SCRA 129.
Notary Public
A public officer whose duty is to attest to the genuineness of any deed or writing in
order to render them available as evidence of the facts therein stated, and who is
authorized by statue to administer various oaths.
Notatu Dignum
A Latin term which refers to the presumption of regularity in the performance of a
judge’s functions, hence, bias, prejudice and even undue interest cannot be presumed,
especially when weighed against a judge's sacred obligation under his oath of office
to administer justice without respect to any person and do equal right to the poor and
the rich. Mamerto Maniquiz Foundation vs. Pizarro, 448 SCRA 140.
Pairing Judge
A judge who is designated to cover for another judge in the latter's court or sala in the
event of one or the other's absence due to resignation, dismissal, retirement, death,
suspension, or prolonged absence. He takes cognizance of all cases in the paired sala
as acting judge therein until the return of the regular incumbent judge or assumption
of duty of a new judge.
Pleadings
Written allegations of the parties’ claims and defenses submitted to Court for trial and
judgment.
Practice of Law
Any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience. Teaching Law courses is classified as such.
Cayetano vs. Monsod,201 SCRA 210.
7
LEGAL ETHICS FROM ATOZ
Prof. Erickson Hl. BalmesJURISTS BAR REVIEW CENTER™
THESE NOTES ARE MEANT TO BE SHARED,
SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN
Pro Bono
A Latin term which means “for the public good.” It usually refers to a iawyer’s services
which are extended for free, usually for a good cause or for an indigent litigant.
Pro Se
A Latin term which denotes “on his own behalf.” It is usually used in connection with
the representation of one’s self in a court of law without the assistance of an attorney.
Quantum Meruit
Literally, it means “As much as he deserves”. In determining attorney's fees, it means
that the attorney will be paid for his services as much as he should deserve, when the
services are prematurely terminated by the act of either of the parties, or by reason of
death, disability or operation of law, considering the importance of the subject matter
of the controversy, the extent of the services rendered and the professional standing
of the lawyer.
Retainer
Retainer is the act of a client by which he employs an attorney to manage for him a
cause to which he is a party or otherwise to advise him as counsel.
Roll of Attorneys
A register of all lawyers “admitted to the bar,” ie, licensed to practice law, in the
Philippines which is being maintained in the bar confidant of the Supreme Court.
Ruling
A judicial or administrative interpretation or resolution of an issue is a case arising
out of a statute, order, regulation or ordinance, or other transaction which is
embodied in the dispositive portion of a decision or judgment of the court.
Subjudice
Alegal principle expressed in Latin which means that a certain matter is under judicial
or court consideration whose result or consequence is still undetermined and,
therefore may not be an appropriate subject to comment on publicly as to its possible
outcome. Any such comment may subject the commentator to contempt of court.JURISTS BAR REVIEW CENTER™
THESE NOTES ARE MEANT TO BE SHARED,
SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN
Suspension
Itis the act of the Court in prohibiting an attorney from practicing the law for a certain
definite period.
Verification
An affirmation under oath by the party making the pleading that he is prepared to
establish the truthfulness of the facts which he has pleaded based on his own personal
knowledge.
Even though I walk
through the valley of the shadow of death,
Iwill fear no evil, for you are with me;
your rod and your staff, they comfort me.
(Psalm 23}
Goop LucK!
GOP BLESS!
CONG RATULATIONS!
KITAKITS
SA
MCLE 2020!
waus:
ALL RIGHTS RESERVED
NOVEMBER 6, 2019
BATANGAS CITY AND CITY OF MANILA
+
AMDG
LEGAL BTHICS FROMATOZ
Prof, Exickson H, Balnes