oy ‘ATENEO CENTRAL, BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS PRAYER FOR THE BAR EXAMINATIONS © God, we came before You this day, 28 we are preperingisludying for the bar exartinations. ‘This is the most important event in our lives, ‘one full of consequences for our own future, {and forthe hopes and expectations of many who love us and ‘are concemed for us: our parents and relatives, our frends, ‘ur professors who have worked hard to prepare us fori, Wo ask or hep. Make our memories ready 10 recall the nowiedge we have store i them by our study. Help us to understand the fll meaning ofthe questions and to 800 the exact answers. (Give us the fait of expression fo answer ‘deary and accurately. Give us peace af sul ‘hat we may not gel upset under the pressure of he tsk, ‘We do not ask this by our own merits, \We cannot point to our faithful serves in he past as deserving ofthis special help. ‘We have in fact been careless and disobedient, We ask this from Your Fathery mercy and compassion through ‘Your Son, our Lord Jesus Christ. atroness of cur University and of St. Thomas More, ‘Ano ang tewag sa cient ne hind nogbabeyed? Pro bono ‘Ano ang tewag sa clint na matagal magbayad? Abono ‘Ano ang inwasan na inumin ni Edilon? IBP dues ‘Special thanks to dustce Hector Hiei, At. Francis Joseph Amp, ty ‘pon Ai dn Paes, ad Ay, Rete Pa”-~ ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS LEGAL ETHcs 1, What are some FACTORS determinative of engaging in the practice of law? [HACA] 1. HABITUALITY, which implies customaily or habitually holding oneself out tothe public as a lawyer (People v. Vitanveva, 1965) 2. ATTORNEY-CUENT RELATIONSHIP; 3. COMPENSATION, which implies that one must have presented himself 1 be in the active practice and that his professional services are available to lhe public for compensation as a source of his lvethood orin consideration of said services; and 4. APPLICATION ct law, local principle, practice or procedure, which calls for legal knowedge, raining ‘and expenence. (Agpao,p. 38, cling Cayetano v. Monsod, Dissenting opinion of Justice Pacha) @2. A Filipino lawyer became a citizen of another country and later reacquired Filipino citizenship under RA 9225, Can he or she automatically practice law in the Philippines? 'NO. There is no automatic right to resume law practice, The lawyer must apply with the Otfica of tho Bar CConfidant fora license or permit to once more engage in law practice. The applicant must comply with the following requirements: Peon for Re-Acquistion of Philippine Citizenship; Order (for Re-Acquisition of Philippine Ciizenship); (Oath of Allegiance fo the Republic ofthe Philippines; ‘dentication Cerificate (1C) issued by the Bureau of Immigration Ceifcation of Good Standing issued by the IBP Certification from the IBP indicating updated payments of annual membership dues; Proof of payment of professional tax, and Certificate of compliance issued by the MCLE Office, (in re: Dacanay, 2012) 3. How does one become a full fledged lawyer? He or she must: 1. Pass the Bar exam; 2. Take the Lawyer's Oath; and 3. Sign the Roll of Attomeys. (Aguirre v. Rana, 2003) Q4. When must the requirement of good moral character be present? Nis a condiion precedent to admission tothe practice of law. lis continued possession is also essential to remain in the practice of lew. (In re: Maing nthe 2002 BAR Examinations, 2004) Q5. xX, a4™year law student, sought to enter his appearance for and on his behalf as plaintiff in 1 civil case. Judge Z, relying on the Law Student Practice Rule, required X fo secure a written permission from the Office of the Court Administrator before he could be allowed to appear 2s. counsel for himself. Is Judge Z correct? NO. Judge Z was misled by the fact that Mr. X is a law student and must, therefora, be subject lo the ‘conditions of the Law Student Practice Rule. The Rules allow the appearance of a nonawyer 2s a party representing hime. (Cruz v. Mijares, 2008) Q6. What are the instances when nor-lawyers may be authorized to appear in court or before queeHudicla badios? (LAMON ©) Under the Labor Code, non-lawyers may appear before NLRC or any Labor bier, ‘a. Thoy represent themselves, rit . They represent their organization or members thereof (PO 442, Ar. 22 as amended) 2. Legal AXd Program ~ A senior law student, who fs enoled in @ recognized law schoo" cinial education program approved by the Supreme Cour may appear before any cour without ‘Compensation, 10 represent indigent clents, accepted by the Legal Clic ofthe law school. The student shall be under the direct supervision and coil ofan IBP member duly accredid bythe law school (Rule 138, Section 34, ROC}; 3. In cases before the MTC, a nomiawyer may represent himee! 2s party tothe tigation, in person ‘OR through an agent or fiend apponted by him for that purpose (Agoalo, p. 43; Rule 138, Se. 34, ROC); ‘Before any Other cour, 2 non-tawyer may appear 2s a party to the ligation or in person .) ‘Criminal case before the MTC in a locality where a duly licensed member of the Baris Not aval, the judge may appoint @ non-awyer whois: ‘a. -Aresident ofthe province b. Of good repute for probity and ably to aid the accused in his defense (Rule 116, Sec. 7, ROC). ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2019 BAR. EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL [S PROHBITED. PAGE 2.0F 28ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS 6 Annonawyor can represent a claimant before the Gadastral Court (Sec. 9, Act No. 2259). This is ‘now the Department of Agrarian Reform Adjuication Board, Q7,_ What ar the proceedings wherein lawyers are prohibited from appearing? [SKC] 1. Proceedings which vote a go of intrest forthe lawyer (Mejia v. Reyes, 1962) 21. Smal clams (The Rule of Procedure for Small Clas Cases, AM. 08-57-SC), except when the Tawyer himsol! io the plaintiff or dotendant, bul under no crcumstances can he appear a8 a representative o atlomey-ivfact ofthe pay, 3. In atarungong Pambarangay proceedings; and, |. Lawyers who are members of Congress are prohibited from appearing before any cout of juste, Electoral Tribunals, and quastjudiial and other administrative bodes. (Phi. Const, At. VI, S80. 14) 8. What are the sanctions for a non-lawyer engaged in the unauthorized practice of law? Healshe is Fable for indirect contempt of court. (Universty ofthe Immaculate Concepcion v, Officer ofthe Secretary of Labor and Employment, 2015) 9. _ Who are public officials absolutely prohibited from practicing law? [PRESIDENT JOGS-COG) 4. President, Vice-President, members of the cabine, their deputies, and assistants (Phil. Const, Art Vil, Sec. 15) Judges and other officials as employees of the Supreme Court (Rule 138, See. 36, ROG}: Officials and employees ofthe Office ofthe Solcitor General (OSG) ‘Those prohibited by Special law ‘Members of the Constituional Commission (Phi Const, Art IX~A, Sec. 2) ‘Ombudsman and his deputies (Phi. Const, Art. IX, Sec. {Al Governors, cty and municipal mayors. (Section 90(a), Local Government Cade) 10. Who are public oficials qualifiedly prohibited from practicing law? 1. Members of the Legislature (Phil. Cans, Art. VI, Sec. 14) 2 Sanggunian Members (Local Government Code, Sac. 91) NOTE: The prohibition is qualified because such officials are not prohibited from the practice of law, but they cannot sign pleadings as counsels. (Puyat v. De Guzman, 1962) nomeey Q11. May a punong barangay practice law during his tenure? ‘YES, bul subject to the approval from his Department head (DILG Secretary inthis case) as required by civil ‘service law. There ts no law prohibiting the Punong Barangay or Sangguniang Barangay ftom Practicing law. (Catu v. Refosa, 2008) Q12. Atty. X, a former government lawyer, handied cases involving a GOCC. Subsequently, Atty. X entered private practice and represented Y against the same GOCC, but on a different matter. Does this violate the rule prohibiting Lawyers who have left government service from accepting ‘engagement or employment with any matter in which he had intervened while in said service? INO. The prohibition applies if the subsequent case involved @ matter in which Ally. X had inlenvaned ‘while in the goverment service. Inlorvntion to be a ber, means one that substantial and significant as. toinfiuence the present proceedings. (PCGG v. Sandlganbayan, 2008) Qt, State the Lawyers Oath ‘do solemnly swear that | wil maintain allegiance to the Republic of the trippin: Teal suppor te cocinufon se obey 1 lane 26 wal be tno lege ets oe ‘constituted authorities therein; | will do no falsehood, nor cansent to the doing of any in cour; | wil nt. wilingly nor witingly promote or sue any groundless, false or unlawful suit, or give aid nor conta the. same; Iwill delay no man for money or malice, and wil conduct myself as a lawyer according to the best cf my knowledge and discretion, wih al good fidelity as well o the court as to my cents; and I impose upon ‘myself this voluntary obigaion without any mental reservation or purpose of evasion. So help me God. Q14, What is the effect of falling to take the Lawyer's Oath? He cannot be admited tothe Bar, even if he signed the Roll of Aliomeys, paid his 18P dues, and is sted 38 qualified voter in IBP affairs. (In re: Elmo S. Abad, 1983) Q15. Whatis the hierarchy of duties of a lawyer? [SPCC] 1. Society 2. Legal Profession 3. Gourts ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE: EXAMINATIONS, UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS! PAGE 3 OF 28ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS. 4. Glients, in that order (Cruz v. Alino-Hormachuelos, 2004) G16, Prosecutor X removed case records of his cousin from the Office of the Provincial Prosecutor and brought them to his residence, where he kept the files. Are there grounds to hold Prosecutor X lable? YES. As a general rue, a lawyer who holds a goverment office may not be disciplined as a member of the Bar for misconduct in the discharge of his duties as a government official, However, he may be scipined when his misconduct also consitules a violation of his oath as a lawyer. Furthermore, Rule 6.02 enjoins lawyers in the goverment service from using one's public position to: (1) promote private interests; (2) advance private interests; oF (3) allow private interests to intertere wih pubic dues (Facturan v. Barcelona, 2016) 17, A sexual harassment case was filed against Atty. X for showing nude photos of his students ‘and sending romantic messages to them. He was also accused of making sexually-charged jokes during recitation. Should Atty. x be made liable? Yes, Ally. X is suspended from the practice of law for § years and 10 years from teaching law in any school. The acs of Atty. X constitute sexual harassment under RA 7877, since it sufficient that the Superor's conduct offends the vicim or creates a hostle environment, even if no offer for sax was made, (in Re: Cresencio P. Co Untian, J, 2019) Q48, May a lawyer be disbarred/ponalized for acts dene not in a professional capacity? YES. A lawyer may be dscipined for misconduct committed either in his professional or private capacity. ‘The testis whether his conduct shows him to be wanting in moral character, honesty, probity, and good \demeanor, or whether it renders him unworthy to continue as an officer of the court. (Navarro v. Solum Sr, 2014) Q19. What kinds of actions have been held to constitute encroachment on another lawyer's ‘employment? 1. When defendants lawyer compelled some of the complainants to execute affidavits of desistance without the knowledge and agreement of heir counsel (Binay-an v. Addog, 2074) 2, When a lawyer directly communicated with the adverse perly and prooseded to negotiate with him, “without the knowledge and consent of opposing counsel (Camacho v. Pangulayan, 2000) 220, What are the administrative requirements for a lawyer to remain in good standing to practice law? The administrative requirements areas follows: 41. Ho or sho shall pay annual dues as the Soard of Govemors shall deterrine with the approval of the ‘Supreme Cour. (Rule 139-4, Sec. 9, ROC) 2. He or she must comply with MCLE requirement (Mt. Nos. 850 and 1922) 3._He or she must pay Professional Tax as evidenced by PTR (BM. No. 1132) 221, What are the effects of non-compliance with these requirements? 11, The lawyers failure or refusal to pay IBP dues or special assessments may justy his suspension or . In.a separate civil action arising from a ‘Awarded; In actions for Support; | ‘When the action is clearly Unfounded; ‘When defendant acted in gross | ‘Nogligence and bad faith; In cases of Recovery of wages; In actions for Indemnity | under workmen's compensation and employee's lability laws; rim When’ at least double Gosts ae awarded; | When the cout deems i just and | Equitable; and, When a Special law so authorizes. (Art. 2208, NCO) | CHAMPERTOUS ‘CONTRACT 030, Defi ae ‘A champertous contract is defined as a contract between a stranger and a party to a lawsuit, whereby the stranger pursues the party's claim in consideration of receiving part or any of the proceeds recovered under the judgment; a bargain by a stranger with a party to a sul, by which such third person undertakes. 10 ‘arty on the Rgation at his own cost and risk, in consideration of receving, if ‘successful, a part of the proceeds or subject sought to be recovered. An ‘Agreement whereby he attorney agrees to pay expenses of proceedings 10 ‘enforce the cents rights is champertous. (Nocom v. Camerino, tal, 2009) CONTINGENT FEE | It's one wherein the lawyer agrees to be paid depending on the success of his cfforis (not necessariy for the same money or payment subject of the case) CONTRACT | (agpaie,p. 408) “GENERAL | The fee pad low lawyer to secure his ure services as general counsel fr any RETAINER or__| ordinary egal pobier. (Agoala,p. 160) RETAINING FEE ‘SPECIAL RETAINER | The fee paid o a lawyer fora spectic matter. (Pickens Co, v. Thomas, 1922) CHARGING LIEN “The right which the atiorey has upon al judgments for the payment of money ‘and executions issued in pursuanoa thereof, secuced in favor of the client. (Rusia v. Abeto, 1641) RETAINING LIEN ‘A Tight of an attomey to retain the funds, documents and papers of His lenis Which have lawiuly come into his possession until his lawful foes and disbursements have been paid, end to apply such funds to the salisfacion thereof. (Vda, De Caina v. Viciriano, 1950) QUANTUM MERUIT | Its 2 device that provents an unscrupulous client from running away fom the Literally means “as much as he deserves" ands used as bass for determining ‘an attomey’s professional fees in the absence of an express agreement fruls ofthe legal services of counsel without paying for it and also aves unjust ‘enrichment on the part of the altomey himsel. (NPC v, Heirs of Macabanglt Sangkay, 2011) ‘Q31. What is an acceptance fee? ‘Acceptance fee refers lo the charge imposed by the lawyer for mere acceptance ofthe case. The ‘opportunity cost of mere acceptance is indemnified by the payment of accaptance fee. However, since ‘acceptance fee compensates the lawyer ony for lst opportunity, the same isnot measured bythe nate ‘and extent ofthe legal services rendered. (Ignacio v. AWviar, 2017), ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FORTHE 2019! EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS. PAGE 6 OF 28ATENEO CENTRAL, BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS 032. Z acquired Atty. X's services for a land cease. Under a contingent fee arrangement, ‘Atty. X and Z agreed that after the finality of the case, the contingent fee of Atty. X would be 1/3 of the land that was subject of the case. Atty. X won the case and the judgement subsequently became final. When Alty. X demanded delivery of 1/3 of the land, Z protested that this was in violation of Article 1491. 1s the contention of 2 correct? TNO. One of the exceptions lo Article 1491 is a vaid contingency fee arrangement where in the land or portion of the land is acquired after judgement is rendered. A contract for a contingent fee is not covered by Article 1491 because the transferor assignment of the property in tigation takes effect only after the finality ofa favorable judament.(Pefia v. De Los Santos, 2016) 233. at between RETAINING LIEN and CHARGING LIEN NATURE | - ACTIVElien | = PASSIVE lien = May be enforced by execution = Cannot be actively enforced = Also called a SPECIAL lien, | - Also called a GENERAL len, because | because itis imited to the recovery | it can be used for collecting the ofthe lawyer's fee for handling the | lawyer's fees in all the services he has case alone’ tendered to the client BASIS | Securing a favorable money judgment Lawful possession of papers, documents, forthe dient Property belonging to cient ‘Covers papers, documents and properties in the lawful possession ofthe attomey by reason of his professional employment [PUR} ‘Favorable money judgment secured | 1. Lawful Possession by the lawyer of by the counsel fr his cent; the client's funds, documents and Existence of @ lawyer-client | papers in his professional capaciy: relalonshp; AUsatsted dam for tora’ fee; ‘Attomey Rendered services; " 3, Altorney-clent Relationship. COVERAGE | Covers all judgment forthe payment of money and execution issued in | pursuance of such judaments IFERAC) REQUISITES 2 ra 3. “ Through the fling of an Appropriate motion of the statement of the lawyers claim for attomey' fee with ‘copies furnished to the cient and ‘aciverse party; and, ‘Atlomey has a Glaim for attomey's foes or advances. | As soon as the claim for attomey's foes has been entered into the records ofthe 5. ‘TIME IT TAKES 'AS soon as the aflomey is in possession | EFFECT of papers, documents or property NOTICE | Notice must be served upon client and | itis not necessary to neti efent ‘APPLICABILITY May be exercised before judgment or ‘execution or regarcess thereat HOW EXTINGUISHED When client loses action as ten may ‘only be enforced against judgment ‘awarded in favor of cient, proceeds ‘When possession lawiully ends when as| lawyer voluntarily parts with funds, ocuments and papers of client or offers thereof executed thereon. (Aapalo, p. 446-460) 34, Atty. Z was to represent Spouses X and Y in a complaint on a contingency fee basis. Under the terms of the contingency fee contract, Atty. Z would receive P2,000 in attomey's fees and ‘assume all the costs of litigation. This arrangement was indicated in the complaint. However, instead of confirming the agreed contingent attorney's foes of P2,000.00, Atty. Z alleged that they hhad an oral contract wherein the contingency fee consisted of one-half the land subject of the them as evidence.ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS pending civil case. The lower court granted the attomey's fees based on the purported oral Contract. Was the fee arrangement valid”? NO. The writen contact prevails over the oral agreement. The written contract on attomey’s fees (in the ‘amended complaint) prevails over the alleged oral contract. An agreement between the lawyer and his ‘lent is subject tothe ordinary rules governing contracts in general. Thus, controversies involving writen ‘and oral agroements on attorney's fees shall be resolved in favor ofthe former. However, the writin contract in this case is champertous with respect to Alty. Z assuming all the ligation expenses without providing for reimbursement. (Spouses Cadavedo v. Lacaya, 2014) 1035. When is recovery of attorney's fees on the basis of quantum meruit authorized? 1. When there is no express coniract for payment of atlomoy's fees 2s agreed upon between the lawyer and client 2. When although there is a formal contract for attomey’s fees, the fees stipulated are found fo be ‘unconscionable or unreasonable by the court 3, When the contract for altomay’s fees is void due to purely formal matters oF defects of execution ‘4. Wen the counsel, for justifiable cause, was not able lo finish the case to its conclusion 5. When the lawyer and the client disregard the contract for altomey's fees. (Arica v. Eastom Telecommunications Phil, 1999) (Q36. What are the nature and characteristics of disciplinary action cases against lawyers? 4 Itis sur generis (In Re: Laureta, 1987) 2 It'isimprescriptble Heirs of Lysio Falame v. Baguio, 2008) 3. tis confidential (Ibanez v. Vina, 1981) 4 Pari delicto rule does not apply (Mortal v. Aspiras, 1956) ‘5. Res jpsa loquiturfinds application (Prudential Bank v. Castro, 1987) 237. What is the quantum of procf necessary in disciplinary proceedings? Clear preponderance of evidence is necessary to impute lability onthe lawyer. (Lim v. Antonio, 1971) ‘Q38, Must disbarment cases be filed only by real parties in interest? 'No. The right to institute a disbarment proceeding is not confined to dionis nor is it necessary that the ‘person complaining suffered injury from the alleged wrongdoing. Disbarment may be inated upon the {ing ofa verted complaint by any person. (Romero v. Evangelista, 2076 & Figueras v. Jimenez, 2074) (239. What is the PROCEDURE for disbarment? 41. Insftuted ether by: (SIV) ‘2. The Supreme Court, motu propio; or Bb. The IBP, motu proprio; or ‘c._Upon verified complaint by any person ‘Six copies of the verified complaint shall be fied wih the Secretary ofthe IBP or Secretary of any of its chapter and shall be forwarded lo the IBP Board of Governors. Investigation by the National Grievance investigators. ‘Submission of investigalive report othe IBP Boerd of Govemors. Board of Governors decides within 30 days. Investigation by the Solicitor-General SC rendors final decision for disbarmenUsuspension/dismissal (Rule 130-8, ROG; as amended by BM. 1645, 2015) nepae ‘40. Can the Supreme Court remand a complaint for disbarment against a lawyer to the Court of. ‘Appeals? NO. The Suprome Court cannot remand 2 complaint to the Court of Appeals. It may only remand the ‘case for reinvestigaton to the IBP. (Sanchez v. Leyva, 2000) 44, Atty. X is a member of both the Philippine Bar and the New York Bar, However, disbarred in New York, Can a disbarment proceeding be fled against him in the Philip the basis of the New York judgment? : YES, if such action before tne Phiiprine costs incides the folowing acts: decet, malpractio, gross misconduct in such ofce, rosly immoral conduct or by reason of fis a {valving moral trade xfer any von ofthe stemoy' ath, for a wild rae of mS eae a ae Sec. 27 as amended). EXAMINATIONS, UNAUTHORIZED USE AND REPRODUCTION OF TH MMATENEO CENTRAL, BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS (242. Atty. X filed a petition for contempt against Atty. Y and various media practitioners for publicizing the disbarment case against Atty. X. Aity. Y and his co-respondents argued that Atty. X's petition for contempt has a chilling effect on the people's right to free press. Can the Court (give due course to Atty. X's petition? ‘Yes, but only agains Ally. Y for premature publication ofthe disbarment complaint. Pr Tews ee pia ard concer Va ay be eect pubtean se tal order of ne Supreme Court. Malcious and unauthorized publication or verbatim reproduction of administrative complaints and their promature publication constitute contempt of court. (Saludo v. CA, 2006) 043, What Is the sub juice rule? The sub dee rue resricts comments and disclosures pertaining tothe judicial proceedings in order 10 ‘avoid prejuding the issue, influencing the court, or obstructing the administration of justice. A violation of this rule may render one liable for indirect contempt under Sec. 3(¢), Rule 71 of the Rules of Court, (Romero v. Estrada, 2009) {Q44, What s the effect of the executive pardon to the disbarment of a lawyer for eriminal case? ‘An absolute pardon subsequenily granted to a previously disbarred lawyer fr conviction of a rime doos ‘not automaticaly enile him to reinstatement tothe bar, bacause only the Supreme Court can reinstate a ‘isbarred lawyer. (In re Rovero, 1952) On the ether hand, 2 conditional pardon or the remission of sentence does not operate as a bar tothe disbarment proceeding. (In re Lontok, 1922) (045, Doos the IBP have authority to dismiss disciplinary cases filed against lawyers? NO. The IBP can only recommend the dismissal of complaints. Only the Supreme Court has the power to dismiss complaints against lawyers, and this power cannot be delagatad tothe IBP. (Rule 1398, ROC, ‘5 amended by BM, 1645, 2015) 46, May the Supreme Court entertain or act upon complaints filed by anonymous persons?. YES. The Supreme Court may act upon the complaint i the evidence presented is documented and verifeble. Besides, the Supreme Court or IBP may inilate disbarment proceedings motu propio. (Concemed Ctizens v. Elma, 1995) 247, 1s a certificate of non-forum shopping required in a complaint for disbarment? NO. Forum shopping only applies to judiéal cases or proceedings, not disbarment (Veniogas-Nazarro v. Danipog, 2006), However, the complaint must be verified (Rule 140, Sec. 1) ‘Q48, 1s a motion to dismiss a prohibited pleading before the IBP? NO. No investigation shell be interupted or terminated by reason of the desistance, settlement, ‘compromise, restitution, withdrawal ofthe cherges, oF failure ofthe complainant to prosecute the same. (Rule 139-8, Sec. 5; Rangwanv. Dito, 2004) ‘049. When may the Supreme Court, acting in its disciplinary capacity, order an erring lawyer to ‘tum money received from a complainant? ‘The Court may order retum of funds when the maltor subject ofthe inquiry pertains to the mental and. ‘moral fines of the lawyer to remain as member ofthe legal profession. For example, in the case of ‘Anacta v. Resurrection (2072) the Court en bane ordered the erring lawyer to retum P42,000 that he ‘eceived as attomey’s fe0s for faliue to render he necessary lagel services. ‘On the other hand, in complaints for collections of debts, the complainants’ course of action is Gi, not ‘administrative, in nature. (Constantino v. Saludares, 1993) ‘Q50. 16 reinstatement of a suspended lawyer automatic? NNO. its ciscretonary upon the Court. Before one canbe reinstated, theres need lofi the appropriate potion withthe Supreme Cour. (In re: Rovero, 1960) G51. What are the guidelinesitactors considered in the reinstatement of dlabarred IANTARO} The following factors are considered: 1. Bpplicant’s character and standing prior o disbarment;ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS 6. He has proved Other relevant factors and circumstances thal justly clemency. (Macanubbo v. Macanibbo, 2013) (052. What are the REQUIREMENTS OF COMPLETION of MCLE? ‘Members of the IBP shall complete every 3 years al least 36 hours of continuing legal education ‘activities. Of the 36 hours: (@) Atleast 9 hours shall be devoted to updates on substantive and procedural laws, and juisprudence. (b) Atleast 6 hours shall be dovoted to legal ethics. (@) Atleast 5 hours shall be devoted to alternative dispute resolution. (@) Atleast 4 nours shal be devoted torial and prota skis. {e) Atleast 4 hours shall be devoted to legal wring and oral (9, Atleast 2 hours shal be devoted to infemational law and international convertions. {(g) The remaining 6 hours shall be devoted to such subjects as may be prescribed by the MCLE Committee. (B.M. No. 850, Sec. 2, 2001) {Q53, What is an altemative means by which a lawyer can eam credit for MCLE?, ‘A member ofthe Bar can eam credit for MCLE through Community Legal Aid Service (CLAS). Attomeys. who have signed the roll of attorneys in the yaar 2018 onwards shall earn the ful credit of 6 MCLE units for the applicable three-year period If they are able to render 120 hours of pro bono legal ald services within the first 12 months from admission fo the Bar counted from the time they sign the Rol of Atorneys. (AM. No, 17-03-03-8C) 954, who are EXEMPT from MCLE? 4. The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executive Department ‘Senators and Members of the House of Representatives; “The Chief Justice and Associate Justices of the Supreme Cour, incumbent and retired members of the ludiciary, incumbent members of Judicial Bar Council, incumbent members of the Mandatory ‘Continuing Legal Education Commitie, incumbent court lawyers who have availed of the Philippine Judicial Academy programs of continuing judicial education; . The Chief Stato Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice; ‘The Solicitor General and the Assistant Solicitors General The Government Corporate Counsel, Deputy and Assistant Goverment Corporate Counsel; The Chairmen and Members of the Consttonal Commissions: ‘The Ombudsman, the Overall Doputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor ofthe Office ofthe Ombudsman; Heads of government agencies exercising quasi judicial functions; 10. Incumbent deans, bar reviewers and professors of law who have teaching experince for at leat ten (30) years in accredited law schools; ‘The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers ‘of the Philippine Juccial Academy; 12, Governors and Mayors; 418. Those who are notin law practice, private or public; 14, Those who have retired trom law practice with the approval ofthe IBP Board of Govemors; and 15. Those who have file a verified request for exemption with a good cause (such as physical disabily, iiness, post graduate study abroad, proven expertise inlaw et.) (B.M. 850 as amended) Q55. In several pleadings fled in court, Ay. X indicated several MCLE compliance numbors without indicating the date thereof. Upon inquiry with the MCLE office, it was discovered that he thas not complied with any MCLE requirement at all. What is the appropriate liability of Aity. X?. Ally. X is DISBARRED. In repeatedly using false MCLE numbers in his pleadngs fled in court, Alty X ‘acted in manifest bad faith, Sshonesty and deceit. He misled the court, Wigants and his own elents, He ‘made a mockery ofthe Cour. (Mapaladv. Echanez, 2017) i NOTE: In this case, disbarment was deemed appropriae because Ally. X had already boon, ‘Sanctioned twice by the court. as ‘Q56. Atty. X failed to comply withthe First, Second, and Third Compliance Periods for MCLE. H {decided to attend the MCLE in the Fourth Period. Wil his attendance in the Fourth ‘non-compliance fo the First to Third Compliance Periods? No, Ay. X must fist make up for his deficiencies in tho Fis o Third Complance Period sitisndance in the Fourth Compliance Period can be credited. Credit units eamed may ni {oward compliance wih he prior period requirement unless units excess ofthe reqATENEO CENTRAL [BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS In which case the excess may be counted toward meeting the current compliance period requirement. (Amado v. Adaza, 2015) 57. When do violations of the Notarial Rules constitute a violation of the CPR and Lawyer's Oath? ‘The act of notarzing documents in violation of the Rules on Notaral Practice maybe a malpractice of law ‘and a faefication because violates the lawyer's oath to obey the laws. When the public is deceived by 2 ‘document that appears to be properly notarized, when in fact i isnot, i constitules as a falsehood, which Rule 1.01 proscrbes. (Laquindanum v. Quintana, 2009) {Q58. What are the qualifications of a Notary Public? (F21-GOOD MORAL RESIDENT) lipino Citizen ‘Over 21 years of age ‘A member of the Philippine Bar in Good standing with clearances from the Office of the Bar Confident of the Supreme Court and the Intograted Bar ofthe Philippines ‘Must not have been convicted in the fist instance of any crime involving Moral turpitude ‘A Resident in the Philippines for at least 1 year and maintains a regular place of work or busines in {he cily or province where the commission is tobe issued (Rule II, Sec. 1, Rules on Notarial Practice) PR eps 059, What is the Term of Office of a Notary Public? ‘A notary public may perform notarial acts for a period of 2 years commencing the frst day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned Under these Rules and the Rules of Cour (Rule Il, Seo. 11, Notarial Law) Thus, if @ person was ‘commissioned on November 22, 2018, his commission will expire on December 31, 2020, Any Ser act authored by tne 2004 Nota Rule (Rule IV, Se. 1, Notarial Law) 61. What are the prohibitions fora notary public? ‘These ae the ‘A notary public shall not perform a notarial act outside his regular place of work or business; Public offices, convention halls, and similar places where oaths of office may be administered; Public function areas in hotels and similar places forthe signing o instruments or documents ‘equiting notaization; Hospitals and other medical institutons where a party loan instrument or document is confined {or treaiment; and ‘Any place where a party to an instrument or document requiing notarizaion is under detention. 2. Aperson shall not perform a notarial act the person involved as signatory fo the instrument or ‘document ‘2. ISnotin the notary’s presence personaly atthe time ofthe notarization; and 5. Ia not personaly known lo the notary pubic or aterese Kentiied by the notary pub tough ‘competent evidence of identity as defined by these Rules. 62, wate te dtference between a Nota Register and the Register of Notas Pubic) ‘The Notarial Register is the permanenlly bound book wih numbered pages containing @ ‘record of notarial acts performed by a notary public (Rule Il Seo. 5). IVs kept by the notary ps ‘only one remains acve at any given time, ‘The Regier of Notaries Pion te ther hand, kat by the nective oe, ad ‘ther things, the dates of issuance ox revocation or suspension of nolarel commissions, ‘resignation or death of notaries public (Rue Il Sec. 12)ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS 263. What does “competent evidence of identity” mean? “The phrase "competent evidence of identity” refers tothe identification of an individual based on: (2) at last one current identification document issued by an official agency bearing the photograph and signature ofthe individual example: passport); oF (©) the cath or affirmation of one credible witness nt privy to the instrument, document or transaction, who is personally known fo the notary public and who personally knows the individual, oF {(@) the oath oF affirmation of two credible witnesses neither of whom is privy tothe instrument, document, cr transaction who each personally knows the individual and shows to the notary public documentary ‘entfcation. (Rule, Sec. 12, Rules on Notarial Practice) NOTE: A community tax certificate or cedula sno longer considered as a valid and competent evidence ot identity not only Because itis not included in the lst of competent evidence ot identity under the Rules (Dandoy v. Endayan, 2018) JUDICIAL ETHICS (Q64, What are the 6 QUALITIES that an ideal judge should possess? [PEC] Independence; Integnty, Impartiality, Broproty; Exuaity, and 65. Who is part ofthe “judge's family"? dg’ fami indies the judge's ‘Spouse; Chilo, Chilérenvitaw; peer {(Defintions under NGC) ‘Grounds thet are personal to the judge (BEE MAR): |. Actual bias or prejudice conceming party (NCIC), Personal knowiedge of disputed evidentiary facts conceming the proceedings (NCIC); 3. Judge has an economic interest in the outcome ‘of the maiter in controversy (NCIC, Rule 137) Judge previously served as a lawyer or was ameterial winess in the matter in controversy (NCIC, Rule 137) Judge ‘served as executor, administrator, quardan, or trustee in the matter in controversy (NCIC, Rule 137) .Jus90's ruling in a lower court isthe subject of review (NCIC, Rule 137) Grounds pertaining to the judge's family and other tolakonaips (6--F) A member of the judge's family has an economic inlerest inthe outcome of the matter of controversy (NCIC, Rule 137) 2. Judge is related to a party litgant within the 6" civil degree by consanguinity of affirity (NCIC, Ruse 137) or chid has Competence and Diigence. (New Code of Judicial Conduct) ‘Any other relative by consanguinity or affinity within the 6th civil degree; and Person who is a companion or employee of the judge and who lives in the judge's household. Giscretnary (Rule 137, Sec. 2, par. 2) Judges have a duty to sit, and inhibition should be restored sparingly (Bonifacio v. BLT Bus Co, 1970) Mere divergence of opinion 2s to law is not a ‘ground for inhibition (Peredes \, Sanaiganbayan, 1996) Fling an administrative case against a judge fs ot a. ground for disquaificaion (Mantaring v. Roman, 1996) Membership in the same fraterity is not a ‘ground for intibtion (Belsilo v. Salut, 1969) However, drinking spree with iligants is ground {or inhibiion (Baulista v. Causapin, 2011) Note: The criterion for voluntary inhibition 1s. a ‘matter of conscience of the trial judge. (Pimentel v. ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR’ EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS: PAGE 12 OF 28ATENEO CENTRAL, BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS Trandalpecuvary Wierest as he, legalee, creditor, fiduciary, or othenwiso, in the subject matter of controversy, or in a party to the proceeding, or any other interest that coud be ‘substantially affected but the outcome of the proceedings (NCIC) Grounds pertaining to judge's relationship with former associat ot counsel (C*2) 1. Former associate of the judge served as counsel ‘or wos 3 material witness (NCJC) 2. Judge's related to counsel within the 4" cil _dagros (NCIC, Rule 137) 67. Is there an exception to the rule. on compulsory inhibition? YES. If upon the judge's disclosure of a ground for compulsory inhibition, the parties and lawyers independently of the judge's participation all agree in wring thatthe reason forthe inhibition is immaterial oF unsubstantial, the judge may then participate in the proceeding. This agreement shall be part of he records ofthe proceedings. (Section 6, Canan 3 NCJC, Geotina v. Gonzalez) ‘068, Judge V partly presided over the case of X. Judge V was eventually elevate to the Court of ‘Appeals before a decision on X's case was issued, Another judge continued hearing the case and ppenned the decision. On appeal, Justice V was the ponente of the CA ruling that decided against XX claims Justice V should have inhibited pursuant to Sec. 4 of Rule 137. Is X correct? NO. There is po bass for Justice V fo mandatory inhibi himself rom Gecicng the case. As il court judge, he presided party on the case below, heard pat of lini’ evidence, and ruled on mations. The ‘decision iso, homever, wes pomed by ancther judge who look over as presiding judge when then ddge V was promoted While he isnot legally required to deciing from taking part in the case, his active participation in the case ‘below constitute a “just or valid reason,” under Section 1 of Rule 137 for him to voluntarily inhi himself from the case. (Sandoval v. CA, 1996) Q69, Does the Supreme Court lose jurisdiction over administrative cases filed against a judge ‘during his tenure upon his resionation from his judicial office? INO. Resignation is not an escape or easy way cut to evade acirinistrative lability or administrative ‘sanction. In such instance, the proper penally therefore is perpetual cisqualficaton for re-employment in ‘the goveriment, GOCCs, or GFis. (OCA vs. Amor, 2014) {Q70. It took Judge X 11 years to dismiss the case for efectment. Judge X has also been found previously liable for gross inefficiency. A disciplinary cate was filed against Judge X. Should, ‘Judge X be held administratively liable? ‘YES. Prompt cisposiion of casas is attained throuch the efiiency and decication to duty of judges, The: Court has been considerate of the plight ofthe jxiciry in disposing of cases, upon showing of justifiable reasons. Howover, Judge X did not present any. (Oulang v. Regencia, 2014) Q71, Con ajucge be subject to both disciplinary and administrative proceedings? YES, The adminsralive Case shall so be eansiered a dscplnary action agahnst the respendent Justoa, judge, or cout concemed as a member of the Bar In the adransralive case, the respondent imay be requited to conmment on tbe complain, and show-cause why he should not be dscipined as @ member ofthe Bat. (AM. No, 02-0:0280, 2002) G72. Who investigates the complaint: WHO WILL INVESTIGATE Faire member ofthe Cour Hea eth eee judge of the RTC, (AM. No. 01-8-10-SC, 2001) ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2019 BAR EXAMINATIONS, UNAUTHORIZED USE AND REPRODUGTION OF THIS MATERIAL IS PROHIGITED. PAGE 13.0F 28ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS PRACTICAL EXERCISES 73. Distinguish between an ACKNOWLEDGMENT and a JURAT. Acknowledgment Surat Essental ‘An acknowledgement is used 19 nolarzing Ajeet nol doce Bvtc| comet erat to eres : Gor erase of sae oat wean | Bal, te, decay in ne (0. testaments) ‘Codal_ | An acknowledgment refers to an act in which —_| A jurat refers to an ect in which an Pati [ttc eo ge oma actors reer 1. Appears in person before the notary 1. Appears in person before the Pile ans rants an hingaty | olay pte en mere Cis ntl dont fanaa 2. Is attested to be personally known to the 2. IS personally known to the notary rnolary public of identified by the notary public or identified by the notary ‘Public through competent evidence of public through competent Timp dln tess od doa fol a dae by |_| a. Replat te cory bie atte | Rese Spewec tenses creme | & Sgn te netument or Misc aoe hin ets | Seton tte pai of Bueor ead heat cr | fencancend lions edawe betas ereciol | 4. Tate's oh or sttetin Solana cueumtconses |” tnt Say puma ‘and voluntary ect and deed, and, if he ‘such instrument or document, See pata repeat | (Rub Solon f 204 Pus Cqeciy,tathotacte astern | sede Pratt) Stags ue Se tS Fane aaa Paes Fam | REPUBLIC OF Tre PauPPNES) Srrornsanies ‘ActovowLEDeuent surat BEFORE ME, a Notary Public for and in the ity of Phiiopines, on this day of "personally appeared the foloiting, who have satisfectorly proven 10 me ther ideniies through the ald identfication ksted below: Name identiication CardiNo, DalefPlace of IssuerExpiry {hat they are the same persons who executed, ‘and volunlariy signed the foregoing [NAME ‘OF CONTRACT], of which they acknowledged belore me as their free and voluntary act and ddoed [andior that of the corporation they represen). ‘The foregoing [NAME OF CONTRAGT] ‘consisting of __ pages including the page on which this sckiowedgment is. written, has Deen signed on the left margin on each and ‘every page by the partes and the winesses. WITNESS MY HAND AND NOTARIAL SEAL, ‘this ay of 2019, ‘Subscribed and swom to before me, al ‘Notary Public in and for Makati City, affiant| ‘exhibiting to me hissher firser. competent evidence of Identity] issued at ‘and expiring on ‘signed the instrument in Tay presence, and who took an oath before me as to such| instrument, ‘Wines my hand and seal this 14th day of| December 2018, ‘Dee Na Page. > (NSERT NOTARIAL CERTINCATE] Sonn 0206 ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2019) EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL ISATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS. ‘Don Ne Pageno. "; (INSERT NOTARIAL CERTIFICATE] Booka, | ‘Sones of 2010. Q74, Notary Public X notarized the affidavit of his first degree cousin. Is Notary Public X guilty of mal ‘YES. Notary Public X is disqualified from performing a notarial act involving his cousin, given that the latler is a relative by consanguiniy within the fourth civil degree. (Sec. 3, Rules on Notaral )ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS LEGAL FORMS ‘A. DEMAND AND AUTHORIZATION LETTERS. I 4. Demand Letter i {Letorhad April 21, 2019 Ms. Anna Karenina 101 Suthertand Tower, Mandaluyong City Re: [SUBJECT] Dear Ms. Karenina, ‘We are writing on behalf of our cient, Mrs. Alicia Flock (Mrs. Florick*). Mrs. Flonick has informed us that: [insert summary of basic facts supporting your chent's ‘demandicomprising your cients cause of action), |We wish to inform you that your acts constitute dear violations of insert appicabla laws or regulations violaled by the addressee which give rise o a cause of action in your en's favor). Accordingly, Mrs. lorck does not receive ful payment ofthe sum of P15,000,000.00 within 15, ays trom your receipt of th leer, we wall be constrained to file al the appropriate civ and eriminal ‘actions agaist you in connection wih the foregoing facts. ‘We trust that you wal give this demand your most urgent atianton. Yous, {insert signature} Mike Ross. 2, Authorization Letter ‘Apdil21, 2019 ‘THE BRANCH CLERK OF COURT Regional Trial Court ‘Branch 143, Cy of Makati Re: [SUBJECT] ‘To the Branch Clark of Court Greetings! |1am Alicia Flock, paintif in Civil Case No, 182-887 pending befor tis ‘Tis letter serves to introduce my counsel, XOX Law Firm and to spprenioes, incung but not imted to Aty. Mike Ross, Ay. Eh Rachel Zan 1 bain copes of records pertaining to te a aATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS B, CONTRACTS, INAME OF CONTRACT] KNOW ALL MEN BY THESE PRESENTS.’ ‘This [Neme of Contract] ‘Agreement’ is entered into this [Day] day of Month] [Year at (Place, between: IFIRST PARTYP and {SECOND PARTY] WITNESSETH: That -? ‘WHEREAS: A 8 c. NOW, WHEREFORE, premises considered, the Parties hereby agree 2s fllows: [BODY OF CONTRACT] IN WITNESS WHEREOF, ho Paros have entre ilo tis Agree onthe day and th yar et FIRST PARTY ‘SECOND PARTY By. By: Winessed byt [INSERT ACKNOWLEDGMENT + NOTARIAL CERTIFICATE]] "Normal included in contracts that ae intended to bind ‘Assignment. oe seeATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS C. SPECIAL POWER OF ATTORNEY. ‘1. Special Power of Attorney for Representation of Actions [REPUBLIC OF THE PHILIPPINES ) CITY OF MAKATI 1S. ‘SPECIAL POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS: |, LUNA MADRIGAL, of legal age, Corporate Secretary of AAA Manufacturing Corporation| (CANS), 2 corporation duly organized and existing under Philippine laws, by virtue of this authority given lo me pursuant to a Board Resolution duly issued by AAN'S Boord of Drectors in its meeting on 19 November 2018, as evidenced by the tecretary’s caticale attached hereto, do hereby name, constitute ‘and, appoint JANE DOE to be AAA's true and awful atiomey-in-factin Givi Case No, 87612 entitled AKA MANUFACTURING CORPORATION v. LOPEZ (Case), for and on its behalf to: (A) Appesr for and represent AAA whether at the original or appellate stage, and whether a5 appellant or appellee, peitioner or respondent; (6) Sign, under oath or otherwise, al necessary and appropriate pleadings, motions, verifications, cenifications, papers and documents; (C) Act as ‘agent and appear on ‘behalf of AAA in the mandatory conciliation, mediation Conference, judicial dispute resolution, and pre-trial proceedings and all other heerings in the Case, with full power and authority to consider. () The possibilty of an amicable settlement or of submission to alternative modes of ‘Gispute resolution; (@) The simplification ofthe issues; (Gi) The necessity or desirably of amencing the pleadings; O91 pony of cbiaig patos oreo of fc re of oo (0) Te ition of he rarer rene () The advisability ofa preliminary reference of issues to a commissioner, ‘(G) The propriety of rendering judgment onthe pleadings, or summary judgment, or of ‘ismissing he Case should a valid ground therefor be found to exit; (vi) The advisabity or necessity of suspending proceedings; and, {x) Such other matters as may aid in the prompt disposition ofthis Case. HEREBY GIVING AND GRANTING uno ssid attomey in-fact full power and authority which may be necessary or proper to be done in or about the premises, a8 fully to all Purposes as AAA might or could do if personally prasent, wilh powor of substitution and IN WITNESS WHEREOF, | have hereunto affixed my signature on this 28th day of No 2019 in Makati CtyATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS 2. Special Power of Attomey for Purchase of Real Property REPUBLIC OF THE PHILIPPINES ) ‘CITY OF MAKATI 8s. ‘SPECIAL POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS: |, LUNA D. MADRIGAL, of legal age, Filipino Citizen, with postal address at 123 Rockwell Drve, Makati Gity, Philippines, do hereby name, constitute, and appoint mother, ANA MADRIGAL, Filipino 3 citizen with residence and postal address at 888 Hidalgo Drive, Makali ily, Phiippines to be my tue and. lawful attomey-irfact, for me and in my name, place, and stead to do and perform all or any of the following: (A) To purchase real estate property or properties anywhere in the Philipines, in an amount acceptable to her; (8) To sign andlor execute any deed of conveyance lo effect the sale ofthe property in my/our hamels; (©) Toreceive all the documents pertinent to the purchase of any property. HEREBY GIVING AND GRANTING unto said attomey n-fact full power and authority whatsoever ‘which may be necessary or proper to be done in or about the premises, as fly to all intents and [Purposes 25 1 might or could do it personaly present, wih power of substitulion and revocation, and hhereby ratifying and confirming all hat said aforney-infact shall do or cause to be done and by virtue of these presents, IN WITNESS WHEREOF, | have hereunto affixed my signature on this 16th day of 2019 n Makai Cy. aATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS D. VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING ‘VERIFICATION AND CERTIFCATION AGAINST FORUM SHOPPING |, Bebot Mariano, of legal age, after having been duly eworn in accordance with law, do hereby depose and state that: 1. Lam the plain in the pleading entillad “Patton for Rei from Judgment." 2. Vhave caused its preparation. 3. have read it and the allegations therein are rue and correct based on my personal knowledge or ‘based on authentic records. 4, corny that there is no other case commenced or pending before any court involving the same parties and the same issue and tha, should I lear of such a case, | shall notify the court within 5 ‘days from my notice, IN WITNESS WHEREOF, I have signed this verification on 19 May 2018. (S98.) [BEBOT MARIANO [INSERT JURAT + NOTARIAL CERTIFICATE]ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS. , NOTICE OF HEARING AND EXPLANATION IN MOTIONS REPUBLIC OF THE PHILIPPINES. REGIONAL TRIAL COURT. NATIONAL CAPITAL JUDICIAL REGION ‘MAKATI CITY ‘BRANCH _ ‘Bebot Bebot Be Company, Plainti, ~verous ‘Marker Lee, Defendant MOTION To DISMISS Defendant Marker Lee (Defendant), by counsel, respectful moves forthe dismissal ofthis case con the following: rounds nsert arguments] Discussion [nsert First Argument] NL. flnsert Second Argument} PRAYER WHEREFORE, Defendant respectfully prays thatthe Honorable Court DISMISS the Complaint in Its entirety on the grounds stated above. DDetendant also respectuly prays fr olher just and equitable relies." [venue}, (date) Atty, Harvay Spector Counsel for Defandant [eddress, PTR. IBP, Roll No., contact info (. ‘address), MCLE Certificate) REQUEST FOR AND NOTICE OF HEARING. ‘THE BRANCH CLERK OF COURT Regional Trial Cour, Branch 1, Makati Cty Please submit the foregoing Motion to the Court for is consideration and approval immediatly, upon. fecal Neeo! and Kindly include the same in the Court's calender for hearing on Friday, AY March 2017 at 8:20 in the moming.7 ‘crouse hi wat bg question ete eat aston over te dfendan ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE EXAMINATIONS, UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PAGE 21 OF 28ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS (sad) ‘Ay. Harvey Specter ‘Counsel for Defendant ATTY. MIKE ROSS. ‘Counsel for the Piaintit 4 Rockwell Dive Makati City Please take notice that counsel has requested to be heard on Friday, 17 March 2017 at 8:30 in the ‘moming, (sd) Aly. Harvey Specter ‘Counsel for Defendant 2. EXPLANATION IN MOTIONS. IcAPTION, MOTION To DISMISS [INSERT RELEVANT PORTIONS) Notice of Hoaring and Copios furnished: Ally. 02 [BY REGISTERED MAIL] Counsel forthe Pian {nsert adaress} Branch Clerk of Court [BY HAND} ‘Regional Trial Court of Makati City, Branch 143) Gentlemen: ‘The underned wt woth forging Mon o Dian forte comida Honorable Court on {Date at [Time]. EXPLANATION ‘This motion wil be served on Plaintff's counsel by registered mail due to lack of between his ofice end the fice ofthe undersigned.ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS F. JUDICIAL AFFIDAVITS. Memory Aid: CapTiBRA- Plus Caption Tie Body Relief Allomey's details (0., name, adress, contact information, Roll No., IBP Receipt No., PTR No., and MCLE Compliance or Exemption Certiicate No.) Plus which, depending on the pleading or motion involved, may include one or more ofthe folowing: = A Verification’ andlor Certificate of Non-Forum Shoppingt0; ‘= Notion of Hearing (for mations) = Expiration! © Proof of Service © Copyfes Furnished ‘© Affidavit of Servioe!Fing ‘You can prepare any kind of pleading or motion following this memory aid 1. Basic Template of Affidavit REPUBLIC OF THE PHILIPPINES ) CITY OF MAKATI) SS. AFFIDAVIT |, name}, of legal age with address at [address after being sworn in accordance with law, do hereby depose and staie that: 1. [Insert recital of facts attested to or affirmed Inthe affidavit. Note that these “facts” should be based on the affiant’s personal knowledge.) 2txxx] xxx] {have nothing further to say t this ime. IN WITNESS WHEREOF, | have affixed my signature on hs [dat] in the place). [Name and Signature of Afiant) UNSERT JURAT] INOTARIAL CERTIFICATE] ® The general rule is that pleadings need not be verifed (Rule 7, Sec. 4). However, there are provisions of tho Rules which require that certain pleacings must be verfed (e.g, petions for certoraf, prohibition, ‘and mandamus under Rule 65). Moreover, when the Rules require that pleadings/motions be “under Cath, this means that the pleadingimotion must be verfed (example: when the defendant in a case based on an actionable document wishes lo deny the genuneness and due execution of the instrument (Rule 6, Sec. 8). 10 initatory pleadings must be accompanied by a Certification of Non-Forum Shopping. This inche ‘Answers which contain permissive (as opposed to compulsory) counterclaims. 1 An explanation is required only when 2 pleading/motion is served andlor filed other than by personal service or fling (Rule 13, Section 17). 2 Thie is required only when a pleading/motion is served andlor fled other than by personal service or fling (Rule 13, Section 11), ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2019 BAR. EXAMINATIONS, UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 23 OF 28ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS 2. Judicial Affidavit REPUBLIC OF THE PHILIPPINES, REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION MAKATI CITY, BRANCH 133 X Corporation, Plain, = versus — Civil Case No. 16-228 For: Damages A Defendant. ee JUDICIAL AFFIDAVIT of JOHN DOE. |, Jon Doe, Filipino, 45 years of age, Corporate ‘of X Corporation, and with office address at Unit 202, 2nd Floor, AAA Bldg., No. 649 Benito St, Pasay Giy, after having been swom in accordance vith law, hereby respond to the folowing questions being propounded by Aly. Jane Doe at my office, ‘vith full'consciousness that my answers are being given under cath and thet | may otherwise faos -riminal ably for falsa testimony or perjury. Offer of Testimony: ‘The testimony of Mr. John Doe is being offered to identify and authenticate the Contract for Services ‘eniored into by X Corpoction and Me. A TAD JURAT + NOTARIAL CERTIFICATE) ‘REPUBLIC OF THE PHILIPPINES } PASAY CITY) SS. ‘Swom Attestation |, Jane Doe, Flipino, maried, of legal age, and with office address at Unit 123, ‘Makati Ciy, ater having been swom in accordance with law, herebyATENEO CENTRAL [BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS. \Note for the sworn attestation of the lawyer in a judicial affidavit: ‘The lawyer who conducted or supervised the examination ofthe witness shall execute a swom attestation atthe end of the judicial affidavit. ‘The attestalion must state that he fathuly recorded or caused to be recorded the questions he asked ‘and the corresponding answers that the witness gave; and. Neither he nor any other person then present or assising him coached the witness regarding the latle’s answers. (Section 4, Judicial Affidavit Rul) G. NOTARIAL CERTIFICATES, 1. Notarial Certificate {Signature of Notary Pubs) JOSIAH LEE Notary Public for Makati City ‘Appointment No, 234 until Dec. 31, 2019 ‘874 Swallow St, Makatl Roll No, 1 No. 225; issued Jan. 2, 2017; IBP Makati PTR No. 24; issued Jan. 3, 2017; Makati CyATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS H. MOTIONS FOR EXTENSION OF TIME, TO DISMISS, AND TO DECLARE IN DEFAULT 41. Motion for Extension of Time REPUBLIC OF THE PHILIPPINES. ‘SUPREME COURT MANILA Wit Gardiner, Plain, = versus — GR. No. 143143 (CAG. No, 87000; Civil Case No. 18-143) Peter Florick, Defendant MOTION FOR EXTENSION OF TIME Defendant Peter Fionick (‘Defendant’), by counsel, respectfully states: 4. On 5 April 2019, Defendant received a copy of the Court of Appeals’ Resolution dated 27 March 2619 denying Defendant's Motion for Reconsideration dated 28 November 2018 of the CA's Judgment dated 20 September, 2018 in GA-G.R. No. 87000 entiled Will Gardner v. Peter Flock, which found Defendant liable for damages in the amount of P143,000,000.00. 2. Defendant, therefore, has until 20 April 2019 within which to fle a Pelion for Review on. Certiorar af the CA's Decision. 3. However, undersigned coun is presently saddled with heavy volume of equally-urgent work ‘nd assignments on oer smilry mporat cases, fn adon hee ore intrvering hodys, ron Ari 1021. 4. Undersigned counsel, therefore, needs additional time to prepare @ palition for review on. ccotioran. 5. Defendant is constrained and respecfuly moves that he be granted an addtional period of thirty (80) days from 20 April 2018, or untit 20 May 2018, within which to flo a petition for review on centioran. 6. Defendant hereby pays all the required docket and other foes. 7. This motion isnot intended for delay but is solely caused by the foregoing considerations. PRAYER WHEREFORE, itis respectfuly prayed that Defendant be given an additonal period of thity (30) days: ‘rom 20 April 2019, or unil 20 May 2019, within which fo file peliion for review on certiorari, Defendant also respectfully prays for other just and equitable reliefs. [Nenue}, (Date), [Insert firvtawyer details) Copies furnished: Court of Appeas [ey HAND), Former Special Seventeenth Division Ma, Orosa St, Ermita 1000 Mania City ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2019 BAR EXAMINATIONS, UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 26 OF 28ATENEO CENTRAL [BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS Atty, Mike Ross. [By HAND] ‘Counsel for Plait! 123 New York, Cubao ‘Quezon City Note: The second paragraph in the Prayer must be excluded when questioning the court's jurisdiction] 2. Motion to Dismiss. REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION ‘MAKATI CITY. BRANCH 143 ‘Wit Gardner, hain, Peter Flock, Defendant. (MOTION To DISMISS. __ Peter Flock (‘Defendant), by counsel, respectfully moves forthe dismissal ofthis case on Grounds |. Tis Honorable Court has no jurisdiction over the subject matter ofthe claim. 1 The Complain fals to stale a cause of action againe the Defendant, Discussion {nse First Argument] {Insert Second Azgument] PRAYER, WHEREFORE, Defendant respectuly prays thal the Honorable Cour DISMISS th its entirety on the grounds stated above. oe ‘Defendant also respectiuly prays for other just and equitable relies. {Venue}, Dato},ATENEO CENTRAL BAR OPERATIONS 2019 LEGAL ETHICS LAW BLUE TIPS ‘3, Motion to Declare in Default [REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION MAKATI CITY BRANCH 143 ‘Wil Gardner, Plain, = versus — ‘Cail Caso No. 18-143 For: Damages Peter Flori, Defendant. MOTION TO DECLARE DEFENDANT IN DEFAULT Wil Gardner ("Plaintiff by counsel and unto this Honorable Court, respectfully moves for Peter Florick (Defendant fo be declared in default Plaintiff respectiuly states: 1. The records of the Honorable Court show that Defendant was served with copy of the ‘summons and ofthe complaint on 20 March 2018, 2. Upon vein, however, th records show thal Defendant has fae ole his Answer within, the reglementary perod specified by the Rules of Court despite th service ofthe summons and the.