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\ SAN BEDA UNIVERSITY [5) COLLEGE OF LAW Centralized Bar Operations PRE-WEEK NOTES Legal and Judicial Ethics SAN BEDA LAW CENTRALIZED BAR OPERATIONS 208 aaa Se Over-all Chairperson Chairperson for Academics Chairperson for Hotel Operations Vice Chairperson for Secretariat Vice Chairperson for Operations Vice Chairperson for Finance Vice Chairperson for Audit Vice Chairperson for EDP Vice Chairperson for Logistics Vice Chairperson for Membership Mary Cyriell C. Sumanqui Erica Mae C. Vista Ben Rei E. Barbero Jhelsea Louise B. Dimaano Earl Justin M. Yambao Ma, Angelica B. De Leon Arra Olmaya J. Badangan Jordan N. Chavez Hanz Darryl D. Tia Dohn Alfred E. Aquilizan SUBJECT COMMITTEE ‘Subject Chair for Political Law Subject Chair for Labor Law ‘Subject Chair for Civil Law Subject Chair for Taxation Law ‘Subject Chair for Mercantile Law ‘Subject Chair for Criminal Law ‘Subject Chair for Remedial Law ‘Subject Chair for Legal Ethics Roger P. Cuaresma Gabrielle Anne S. Endona Joelle Mae J. Garcia Micah Regina’A. Gonzales as eal Dean Vice Dean Prefect of Student Affairs Administrative Officer Legal Aid Bureau Director __ LAYOUT AND CONTENT EDITORS EDA COLLEGE OF LAW US yes Cherish Kim B. Ferrer Kristina D. Cabugao Ma. Cristina D. Arroyo Maria Carissa C. Guinto Dentzen S. Villegas Maria Regina C. Gameng Raymond F. Ramos Rhev Xandra Acufia Camille Victoria D. Dela Cruz Jose Ronilo V. Ditching Jr. Paulo O. Hernandez Zennia S. Turrecha Nestor J. Porlucas, Jr. Atty. Marciano G. Delson Atty. Risel G. Castillo-Taleon Atty. Adonis V. Gabriel Atty. Francesca Lourdes M. Sefiga Atty. Peter-Joey B. Usita Mary Camille Asi Castilo, Joanna Garcia Sarah C. Barcera, Pdgar Paolo G. Guid, Jose Ronlo V. Ditehing Jr. Camille Victoria, J Poslueas, Jr, Zennia S, Turrecha, Arcturus Viktor R. Palos, Jezaryl Blas P Camille P, Sitchon, Giorgio Luigi T. Juaio, Zayera Bernice L Christian Emest C. Biagtan, Elizabeth Marino, Kenneth Aldwin M taph Kevin L. Santos, Christine Grace 5, Panahon, Cheyenne Hope igre, Jericho L. Jamig, Katherine F. Dimayacyse, Lex Angelo A. Rozatio, jas, Antonio Jun-Jun C, Manaligod IV, Aifa Regine G. Pangilinan, Roget P. arcia, Micah Regina A. Gonzales, Cayenne Mae G, Teodoro, Arvy Keith ‘Ching, Lorenzo Thaddeus Ruel D. Galandines, Erie Winson F. Cea, Mack Benedict Ronalyn A. Gacula, juan Iigo S. Miguel, Christopher Angelo Y. Vaquilar D. Dela Cruz, Paulo O, Hemand Sualibio, Aiden Cyrus 8. Tinoco, ‘alto, Erin T. Galver, Marion Patricia L. Rodriguez, Quejada, Aira Marielle Geronimo, Ma, Consolada V. Ben, Dumlao, Corina R Tampus, Marielle Cielo B. Bel Alissa Marie DC. Delos Santos, Angelee C. Inove) Cuaresma, Gabrielle Anne , Endona, Joelle Mae J. G nai Josiah C. Jimenes, Patricia 5. Francisco, Paola Beatriz A. Escober, LEGAL AND _ JUDICIAL ETHICS RHEV XANDRA ACUNA ‘Subject Chair GERARD ANGELO T. DE JESUS Assistant Subject Chair DENNISSE IAN I. BONSATO Subject Electronic Data Processing SUBJECT HEADS Legal Ethics JARED RUIZ A. LIBIRAN - Judicial Ethics ANNE CHRISTELLE A. SANTIAGO Legal Forms GERARD ANGELO T. DE JESUS ies SUE eMac. 5 CHARMAINE KEY C. AUREA KRISTOFFER MONICO S. NG MONIQUE G. BUGNOSEN JUNNA LYNNE R. PANTINO é 2 ome iMacs ’ Atty. JOSEPH FERDINAND M. DE CHAVEZ Atty. LYAN DAVID M. JUANICO TABLE OF CONTENTS ia i Page : Number i 1 LEGAL ETHICS A. Practice of Law..... ee re Been tee 1 B. Duties and Responsibilities of a Lawyer under the Code of Professional Responsibility 6 C. Suspension, Disbarment, and Discipline of Lawyers .. 18 D. Readmission to the Bar... 7 20 E. Mandatory Continuing Legal Education (Bar Matter No. 850, as amended)... 7 F. Notarial Practice (A.M. No. 02-8-13-SC, as amended)...... 22 i I, JUDICIAL ETHICS: f A. Sources... = 23 B. Disqualifications ... setencennee seseonsee 26 C. Administrative Jurisdiction of the ‘Supreme Court over Judges and Justices ... 29 {all levels) . Ill, PRACTICAL EXERCISES A. Demand and Authorization Letters .......... 30 8B. Simple Contracts: Lease and Sak 30 C. Special Power of Attorney........... oe e 35 D. Verification and Certificate of Non-Forum Shopping... 36 . Notice of Hearing and Explanation in Motions. 37 F. Judicial APF AVIt..nnnstntnnnnnnnsenn 38 G. Notarial Certificates: Jurat and Acknowledgement... 39 H. Motions for Extension of Time, to Dismiss, and to Declare in Default 40 lv | 2018 SAN BEDA LAW CENTRALIZED BAR OPERATIONS. Ut In Omnibus Glorificetur Deus! That in all things God may be glorified! SAN BEDA LAW CENTRALIZED id BAR OPERATIONS 218 | THIS IS THE INTELLECTU, IAL PROPERTY OF THE SAN BEDA UNIVERSIT Y COLLEGE OF LAW CENTRALIZED BAR OPERATIONS, i‘ THE UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF ANY OF THE CONTENTS OF THIS BOOK IS STRICTLY PROHIBITED. SERRE EPROHIBITED. LEGAL AND JUDICIAL ETHICS Serres CONCEPT What is practice of law? pagel Of law is defined as any actviy, in or out of court, which requires the application of law, legal Procedure, knowledge, training and experience. Generally, to practice law sto give advice or onder any kind F001 Sarin feaulres the use in any degree of legal knowledge or sill (Cayelano'y, Moreery Ge, No. 100113, September 3, 1991). see warking as a itgation lawyer for eleven (11) consecutive years, Atty. De Kwatro then served as. ine Regional Director of the Commission on Human Rights (CHR) for'a period af fore (4) years. Some spmrevanations as such include administering oaths oF affirmations with respect te Clik wets and justiogs ofthe See clutions of human rights cases propared by CHR's legal officers, Whom ane ef rc {ustices of the Supreme Court retirad, Atty. De Kwatro was nominated, Aw. Pomale thee ‘opposed the not the aeaetiat Atty: De Kwatro has not been engaged in the practice of law for ie yess ne required by the Constitution. is Atty. Pamalo correct? snort (manal i not correct As held bythe Supreme Court inthe case of Linganv. Baliga, work nthe Fate's skeet Use Of legal knowledge is considered pracice of law In this case Ate Me Careises sks a8 the Regional Director of the CHR squire the appicaion of egal knowlodes Saeco Spsidered to be engaged in the practice of law fot the/Best 18 years (Lingan v. Baliga, A.C. No. 8377, June 30, 2014). Ease - ‘What are the elements that tinguish the aga profession ri a business? 17 she case of Khan v. Simbillo, the Supreme Couft laid down the giinctons between the legal profession and an ordinary business: : & FignetsS ubllc sence, of which the emeliiment is-by-produchand in which one may attain the highest eminence without making much money eine b. A felation as an ‘officer of the court” to the administration of justice involving thorough sincerity, integrity and reliability: § A telation to clients in the highest degree of fiddéidry.and A relation to colleagues at the bar characterized by candor, faimess, and unwillingness to resort to thelr cents ocr tors of advertising and encroachment on thei pracice, of dealing directly with thelr clients (Khan v. Simbillo, A.C, No, 8299, August 19, 2003) tower than that poceeneral manager also tolls you that, i your propased fees worhons least be 25% ‘ower than that proposed by the other firm, you will secure them ag your elient, How would you respond to the proposal ofthe alrtine company’s General Manager? snemPhasize to the Genoral Manager thatthe practice of law isa profession and not a trade, Practice Fae ie nota business but a profession in which duty to public servog nce ‘Money, is the primary consideration, Tne, | wil not propose a lower fee just fr the sake at competing wie cen firm because such practice face ehcommercialism. Moreover, Rule 2.04 of the Gode of Froterermens Responsibility provides that a HaNr shall not charge rates lower than those customanly provbrbes none Circumstances so warrant. rere: [will charge fees that will be reasonable under the creumetocoae (Brunet v. Guaren, A.C. No, 10164, March 10, 2014), 's the practice of law a matter of right? Explain. 11, patie of aw's nota matter of right. In Alcantara v. De Vera, the Supreme Court held that the practice {0 poceane aright buta privilege bestowed by the State upon those whe shone wee they possess, and continue {0 possess, the qualifications required by law for the confermmant nf Gece privilege. Membership in the bar is a Pewnege burdened with condtions. A lawyer has the privlege and anh Practice law only during: good Pehavior (Alcantara v. De Vera, A.C, No. $859, November 23, 5010) 2018 SAN BEDA LAW CENTRALIZED BAR OPERATIONS 11 F . 2019 PRE-WEEK NOTES QUALIFICATIONS FOR ADMISSION TO THE BAR Gazzie Mukhangdragon has a sister named Marga Mukhangdragon. Cazzie finished college in MT University with a degree of AB Legal Management while Marga merely finished high school, Marga then used the college credentials of Cazie and enrolled in DM College of Law. She eventually Graduated and passed the Bar examinations, She used the name “Atty, Cazzie Mukhangdragon” throughout her practice as itis her indicated name in the Roll of Attorneys basing on her credentials. The real Cazzie then filed a disbarment case against Marga alleging that the latter is taking advantage of her name. Will the case prosper? es, the disbarment case against Marga will prosper. Good moral character is one of the requirements before one may be admitted to the Bar and it requires at least common honesty. In this case, Marga committed 8 dishonest act and thus is stripped of the good moral character requirement when she used the credentials cof her sister in order to enter law school and take the bar examinations. Her false assumption of her sister's ame, identity, and educational records renders her unfit for admission to the Bar (Caronan v. Caronan, A.C. No. 11316, July 12, 2016), 7. Maya ilipino citizen who graduated from a foreign law school be admitted to take the bar? Y¥gs,8 Filipino who graduated from a foreign law'schoo) may be admitted ts take the bar, Under Rule 138, pag. of the Rules of Court, as amended by Gar Matter No:1153, a Filipino ciizen who graduated from foreign law school shail be admitted to tie bar examinations ONLY upon submission to the Supreme Court of cerfications showing: (CRF), rn Le 2 Acompletion ofall Goursés leading to the degree f Bachelor of Laws or its equivalent degree; 8: Recognition or accrediation ofthe law schol by the proper authoiy, and © Completion ofall Fourth year subjects ofthe Bachelor of Lava academic program in a law school duly recognized by the Philippine Government. He consequently took the lawyer's oath on June 41, 2019. toe 2 ret Rot Be considered as a member of the ber. In In Re: Pett to Sign inthe Roll of Attorneys, Teer eel fg Mecado, the Supreme Cour ruled that the signing in the Roll of Atomneys fe an ineispensace ook This aul make a bar passer become afullledged member sf the Phiipsine Bar: Since wos ceouiekec cy t ys-he ig not.considered as a member of the Bar and cannot Fearne £0 use the tle of an “attomey’ (in Re: Petton fo Sign inthe Rol of Attorneys, Micheal Medado, BM. No. 2540, September 24, 2013) Ttgaz he academic requirements to be admitted to take the Bar, as amended by Bar Matter No, 11537 ‘Tie academic requirements to be admit a. Predaw: ‘ 1 ene taken his or her bachelors degree in an authorized and recognized university or | SBlege, requiring for admission thereto the completion of a four-year high school courses ‘st have pursued and satisfactory completed in an authorized and recognized university oF oleae, the course of study prescribed therein for a bachelor's degree in arts or selenoce, ares "i. (Afiibino citizen wine completed and oblained his or her Bachelor of Laws dogree ors eqwalont Ina foreign law schaol must present pro of of having completed a separate bachelor’s degree course (RULES OF COURT, RULE 138, Sec. 6, 88 amended by BM. No. 1163) fed to take the Bar are as follows: b. Law Proper: ‘\ Successtully completed all the prescribed courses for the degree of Bachelor of Laws ‘or its Sauivalent degree, ina law schoo! or university offcially recognized by the Philippine Government Piey he Broper authority in the foreign jurisdiction where the degree has been granted ‘i Must have satisfactorly completed tho folowing courses in a law school ‘or university duly Fenn zed by the government: civil fav, commercial law, remedial law, criminal law, pubic and private international iaw, Political iaw, labor and social legislation, medical jurisprudence, taxation ‘and legal eties (RULES OF COURT, RULE 138, Sec. 5, as amended by BM. No. 1153), 2 | 2018 SAN BEDA LAW CENTRALIZED BAR OF CONTINUING REQUIREMENTS FOR MEMBERSHIP IN THE BAR 10. What is Good Moral Character? What are its purposes? feton No. 154, good moral character was defined as what a person really is, a distinguished from good tho piace wheres opinion generally entertained of im, or the estimate in which he is held by the puste it the place where he is known, Moral character isnot a subjective term but one which correspond to objective realty (Advincula v. Macabata, A.C. No. 7204, March 7, 2007), ‘The requirement of good moral character has four estensible purposes namely: a. To protect the publi b. To protect the public image of lawyers; ©. To protect prospective clients; J To Protect errant lawyers from themselves (Dantes v, Dantes, A.C. No. 6486, September 22, 2004) ‘11. Atty. Lag Nat was admitted to the Philippine bar. However, chikungunya fever struck him while working. te eg aaa to migrate to China to seek medical attention for his rare disease. He subsequently sonics the Chinese eo citzen to aval of China's 50%-off medical ald program, which ls exclusively given tu Feqmgete Government to its citizens. By virtue of R.A. No, 9225 (Citizenship Rotontieg aa Fe, anesieagn Act oF 2003), Atty. Lag Nat reacquired his Philippine citizenship. He then took nis eth cf pargiance 2s a Filipino eitizen before the Philippine Consulate General in Belling, Ching ‘Thereafter, Sp catumed fo the Philippines and filed a petition with the Sup reme Court to resume his law practice, Should his Petition be granted? | LEGAL AND JUDICIAL ETHICS ico; {he petition should be granted. Section:2of Rule 138 of the Rules of Court requires that every SPB Gant for admission as a member of the bar trust bea ctizen ofthe Philippines. By vitue cf ne reacquisition £tPhilippine clizenship through R.A. 9225, al Philipine uizshewhG become citzere of anc ‘country shall Fe Bes not fo have lost thelr Philippine citizenship In ths case, ty. Lag Nat is desmed movers ve ae mie renpine ctizenship and thus is deemed have all the qualiieatons and none of ine alec teen mentioned in Section 2, Rule 128 of the Rules of Céurt (in Re: Dacanay, B.M. No. 1678, Docomber 1? 2007), APPEARANCE OF NON-LAWYERS, \ 12. When may non-lawyers appear before the courts? Nerenyers may appear booth outs inthe loin instances Grave or less grave offenses, an accused who (Municipal Tri ne, ase ot igaton in parson yan mst ays appear by corey pleat fia | (AD ie ad ofan agnt orcanet conduct his ow eetonae ern sei Metiopolian 1 ‘tend appointed by. hi counsel is immutable. Otherwise, thare would be| (RULES | OF COURT, a gfave denial of due process (tilerio v. People, RULE 138, Seo. 34), A party in a civil suit may) conduct his tigation “[personally. But if he gets |G-R. No. 161070, April 14, 2008). | ‘8. However, the accused may defend himself) in porson when it sufficiently appears 10 the| Someone to aid him, thal cout that he can propery profes Sake < Someone snus be'a cu) wihout the astance of coon ees Jeuthorizod member of tie| OF COURT. Rule 118: Soc ty bar (RULES OF COURT, + Rule 136, See 04) B._ The gravity ofthe ofense and the dincuty ; | 2 the questions that may ane shoul | j/ Unless the party isa) “considered by the cau In dolomite] | [Regional Trial Courts juridical person, such as a| whether @ counsel de officio should be} Corporation, a party must] @pPointed or counsel de parte should bel always appear in couri, fequlred (RULES OF COURT. Rul 110 i through a duly licensed See. 7). 1 } |member of the bar| an oc | I (AGPALO, " Legal and} But in criminal cases before the MTC, in a ; | |dutciat” Eins,” (2009), Ovaliy where a duly lcaneed memset of ea | é ip2y Iheroinater| iS NOT avaliable, the judge may appuit'c non | ace eos |AGPALO, — Legal and| lawyer who is: (RPA) ductal etnies 1. AResident of hat _ province: and | eu 2 OF good repute for Probity and Abiity Le ee | (RULES OF COURT, RULE 116, Soc). BOIS SAN BEDA LAW CENTRALIZES BAR OPERATIONS 13 f 2019 PRE-WEEK NOTES 13. Should a law student be accompanied at all times by a member of the Bar duly accredited by the law School when appearing in court? ‘As a general rule, a law student appearing befare the Regional Trial Court under Rule 198-A should at all Limes be accompanied by a supervising lawyer. However,the rule is differenti the law student appears before Sr rere our. where the issues and procedure are relatively simple, In inftior courts, a law student may appear without the supervision of a member of the Bar as an agent or friend ofa party, or at any other courts ‘when he conducts his litigation personally (B.M No. 730, June 13, 1997} 14. Mr Lingaya filed a case against Ms. Ladignon to collect unpaid rental payments amounting to caeent afi, Lingaya hired Atty. Zapanta to appear and represent him during the hearing, Can Atty, Zapanta appear as Mr. Lingaya’s lawyer during the hearing of the case? No, Atty. Zapanta cannot appear as Mr. Lingaya's lawyer for the hearing of his case. Section 19 of the 2316 Revised Rules of Procedure for Small Claims Cases provides that lawyers aro not alowed to appear i (gaiyer during the hearing of his case, (2046 Revised Rules of Procedure for Small Claims Gases (Ai ne, 08-8-7-SC)) 15. Dang, proprietor of Dang’s Inasal, was’sued by his ‘Ginployee, Jellibee, before the NLRC, for illegal Gismissal. Dang then entered his appearance. Atty: MeBonald,Jelibeo's counsel, objected to Dace appearance contending that Dangis riot a member of the Bat. is'Alty, MeWonala conrgecy No. Ai. McBonald is hot correct: Rule Il Sec-5, Par. (g)'ofthe 2014/NLRC Rules of Procedure of the {aber Code authorizes the.owrier-of an’establishment fo appear Before the Nalional Labor Relations Commission or any Labor Arbiter in representation himisel. in this case, Dang, as the employer of Jellibee, may represent himself beforé the NLRC. PROHIBITED PRACTICE OF NON-LAWYERS AND APPEARANCE WITHOUT AUTHORITY => i 16. Axel Rabadam is a Shari'a Bar Passer. Aftér he passed the Shari'a Bar and became a counsellor-at law, pesos ppolnted as the executive manager of Rabadub Construction. Company. In hig capacity as Rabadam” wre esPondence and documents of the company were signed by him as “Atty, aoc abacam.” When an usurpation case was filed against him, Axel averred that he did not use ete cRaeecllor-atiaw” for the fear of being mistaken as'a local legislator. Hence, he affived the tile “AttorneyiAtty.” before his name. ts the act of Axel proper? Explain. sores act of Axel is not proper. In Alawi v7. Alauya, the Subrome Court held that Shari'a Bar passers are Toe gtr. because they are not ful-fledged members ofthe Philippine Bir, They may only novice wets mecrarta Courts. Both are considered as, counselors, but only those who have successtolh stlonca os “atlomeye Hee it the study of law and passed the Bar Examinations are considered no iomeys. Hence, the act of Axe! in designating himself as an “attorney” isnot proper ane is coneaered = an unauthorized use ofthe privilege to practice law (Alaw v. Alauya, A.M. SDC-97-2, February 2, 1067) “ PUBLIC OFFICIALS AND THE PRACTICE OF LAW; PROHIBITIONS AND DISQUALIFICATIONS 17. Will the appointment or election of an attorney to a government office automatically disqualify him from ongaging in the practice of law? Yes, as a general rule, the appointment or election ‘engaging in the private practice of aw. However, there a ‘appointed in a goverment office, a lawyer may sill eng ‘of an attomey to a government office disqualifies him from Fe certain exceptions in which even though being elected or jage in the practice of law in a limited sense (General Rule: The appointment or election of an attorne; [engaging in the private practice of law. Abbasid aati ¥y 10. government office DISQUALIFIES him from| /SPuniie Offre eR SHIBITED to Practice Lewin the] i Sto. bs Philippines (JOP-GOCE-PS) 9 pl CFS) @. Judges and other officials or employees of the superior! ind Members of the House of court (ROC, Rule 138, Sec. 35): Representatives (CONST, Art. VI, Sec, b._Officals and employees of the Office of the Solicitor] 14) 41 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS LEGAL AND JUDICIAL ETHICS General (ROG, Rulo 198, Seo. 35); Tb. Members ofthe Sanggunian; ©. Government Prosecutors; ©. Retired Justice or Judge receiving pensicn| 4. Governors, city and municipal mayors; from the government (R.A. 910, Sec. 1); 2. Ombudsman and his deputies; «5 and | | Ghaitmen and members of the "Céhstiutional! d. Givi Service officers or employes (whose | Commissions (CONST., Art. DX Sec. 2); duty does not require his entire time to be O Fans eiceofcrs or employees whose duis require] at tho deposal “of the governmeny them to devote their entire time at the disposal of the] provided he can secure a writen rem ‘government; from the head of’ the department h. Bresident, Vice-President, members of the Cabinet concemed (Revised Civ Service Rules their deputies and assistants (CONST., Art. Vil, Sec.| Rule XVIll, Soc. 12): and 13); and ©. Former government attorney cannot, after i Tne by Special law, are prohibited rom engaging) leaving government service, "acces | | rine, Practice of their legal profession, but if so| engagement or employment in connect Quhetized by the, department head, he may, in an| with any matter in which he had intoneeg og fRolated case, act as counsel for a relative or close] while inthe sald. serce, (code (aon, od (AGPALO, Legal and Juaole! Eitics| Profession! Responsibly, Puls 6 09), (2003), pp. 47-54) 18 Councilor Consie Hal, a lawyer, was asked by the Sangguniang Bayan of Tagaytay to appear in behalf alge aazvtay LGU In an administrative proceeding involving the sald LGU. Beeause of Mayor my Salde's promise that Councilor Consio Hall will be pald 500,000 as attorney's fees which omy Oy Prarer, wed through the city council, he accepted the job. Will Councilor Consle Hall's appearance he proper? No, his appearance is improper. A membet of thé Sang in administrative proceedings involving the LGU of Which he Code provides that as a general rule, members of the Sanggunl in the following circumstances. i Appear 28 counsel before any court in ancl case whérs)n'a local goverment unit of any office, agency, oF instrumentality of the government isthe adverse party; > Aepear a6 counset in any criminal case Wherein an.officer or;employee of the national or local Soyeermentis accused of an offense commited In relation te his office: & Collect any fee fo their appearance in acmifistrative procaeding volving the local government unt ‘of which he isan official; nd 4 a & G&e,bfePerty and personnel of the goveritient except when the Sanggunian member concemed is defending the interest ofthe government. = ian gannot collect any fee for theit appearance oficial. Section 90 of the Local Government ay engage in the practice of law except | | i | | | uence, Since Counciior Consie Hall accepted the tsk enced by the promise of altomey’s fees, he cannot engage in the practice law under the circumstance. 19. Former Solicitor General Cazzie assisted the Central Bank in liquidating Mon Bank, which was bought by Dragon Corp., when she was still in the government service. Cazeio ener Private practitioner and is representing Dragon Corp. in a case filed by PCGG, B What inne an intervene! in Canon 6 of the Code of Professional Responsibility desined? ’ Oats the difference between "Adverse-Interest Conflict” and “Congrocet ita Conflict?” oes the present case violate the prohibition on lawyers who have lek the government service i £0u S6cePting engagements in connection with any matter he had intonsoce meee the sald service? 3. The torm intervene” in Canon 6 of the Code of Professional Responsibility only includes an act of a 1 Te10N Te aoa Pane fo nfluence the subject proceedings (PCGG v. Sandiganbeyen aarti: i 151609-12, April 12, 2005). congruent-interest representation conflict is unique to ‘ormer government lawyers (PCGG v. Sandiganbayan, GR. Nos. 154800 13, Aone 2008). © No, there is no violation of the prohibition. The ‘matter rclessional Responsibility is any discrete, isolatable act as well ae idsriicky invaiving @ particular situation and specific party, and not merely an act of drafting, enforcing or ian etng Government or agency procedures, regulations or lawe, or brciog ae et principles of Gr, Rermer Solicitor General Cazzie had no adverse interest when he acted oes and later as Counsel of C Corp. because the alleged intervention while holding such positon ie on Intervention on, fe transaction or conduct 2018 SAN BEDA LAW CENTRALIZED BAR OPERATIONS |5

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