\ 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BS 20119 PREWEEK NOTES ——sauirinmmeoeoe & matter cifferent from the matter involved in the case initiated by the POGG (PCGG v. ‘Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005). 20. Explain the Revolving Door Doctrine. oe In POGG v. Sandiganbayan, the Supreme Court defined the Revolving Door Doctrine as an area of Srocnce fy ihe United States Involving ethical considerations applicable to former govemment lawyers. iis the PRY which lawyers temporarily enter government service from private life then leave it for large fees in Brvate practice, where they can expla information, contacts, and influence gamered in government service 10, 2cress this, the disqualification ofa fermer government lawyer who has entored privat pracioe mey ho SSvaht Pased either on ‘adverse-interest conflict” or "congruentinterest representation conflict (PCGS v, Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005). 21, Gatong Gang was a former Presiding Judge of the MTC in Tangub City and was the judge who heard Agrcible entry case between complainant Gretchie Barreta and respondent Marjorie Eenowvens, seers ail complaint was filed by Barreta. against Echosveri, where she was surprised thet the Sefendants are now being represented by Gang, the former judge who once presided over the same case, Cprreta alleged that the appearance of former Judge Gang is illogal, immoral, Gang raised the defense si apsolute neutrality and that he didthe acts complained, of due to extreme povariy sed eae oe adequate income as he has na soisre.of Iivainood, LAYWER'S OATH f. 2 Tagpantvors Oaths source of anyiawyar's obligations and its Violation ea ground forthe lawyer's Sigpension, disbarment, or other: alseiplinary action. Without. stating yor nace ea oes i identify you, substantially write down the Lawyer's Oath that a person who thee Passed the bar examinations is required to take and subscribe to befere the Summme nn SaatTaian oo SOSTY swear that wil maintain allegianes'to the Répubic ofthe Philipines wil support Be car ution and obey the laws 26 well as the legal orders of the duly constituted auth oares therein; Iwill Ground eee2ed or consent tothe doing of anyin cour | wll not witingly or wiley oereeke any groundless false or unlawful suit, nor give aid nor consent to the same: | wil gelay no roaree ‘money or malice Sree ee mecct myself as a lawyer according tothe best of my knowiedge and discretion cat op good fidelity Saami te Courts as to my clients; nd | impose upon myself tis voluntary obicetion witha ¢ ‘any mental reservation or purpose of evasion. So help me God. Jad ashe Bar Examinations, indicating one’s name or any other name in the lawyer's oath would be considered as markings. 23. What is the significance of the lawyer's oath? Jiang, LS. Argesino, the Supreme Court explained that the lawyer's oath isnot a mere formality for Miho ea i won BUer Should at ALL TIMES weigh his actons according tothe swomerecnees ee Tere aking the lawyer's oath. I al ayers conducted themselves stiely aecoruns to he lawyer's oath and the Code of Professional Responsibility, the administration of justice wil undoubtedly be faster, fairer and ‘asia For everyone concemed (in Re: AI C. Argosino, AM. No, 712, July 13, 4988) B:Du nd Responsibil ies Under the Codéiot RespoHeininyey TO SOCIETY (CANONS 1T0 6) ae 74, Nias the owner of SamgyupArigato Restaurant. He invited Atty. ¥ to join the restaurant business Nac rein they would invest P200,000 each; a Memorandum of Agroement to that eteet aes iron signed. from ene eat, X and Atty. ¥ had a falling out, which led the former to offer the latter his withceec {rom the restaurant operations contingent upon the return of the amount he initaly Invent y 8 | 2018 SAN BEDA LAW CENTRALIZED BAR OPERATIONS ao j| | ene en LEGAL AND JUDICIAL ETHICS i 26. 26. 21. business. Unknown to X, however, Atty. Y has already incorporated the restaurant business with the PEC as SamayupArigato-Thanks Food Corporation, excluding X from the business without refunding his capital. Thus, X filed an administrative case against Y. Will the case prosper? ‘Yes, the case will prosper, Atty. Y engaged in‘uniawful and deceitful conduct in incorporating the restaurant business. in Guillen v. Amado, the Supreme Court held that the employment of a lawyer of his knowledge and Skil of the law to secure undue gains for himself and to take advantage and inflict serious damage on other people is reprehensible under the Canons and is punishable by disbarment or suspension. In this case, Aty, © took advantage of his knowiedge of the Jaw when he surreptitiously eased oul X from the business by {ealstering @ corporation under a different but similar name and style, in the same line of business, and using the same trade secrets (Guillen v. Amado, A.C. No. 10547, November 8, 2017, Covered Case) While driving on his way home, M, a taxi driver, overtook a car. As it turned out, the car was owned by Atty. G. Incensed, Atty. G tailed the taxi driver until the latter stopped to make a turn. An altercation resulted therefrom that got to the point that Atty, G fired and shot M on the neck using an unlicensed firearm. M fell on the thigh of Atty. G so the latter pushed him and sped off. A complaint for frustrated homicide was then filed by M against Atty. G, who was eventually found guilty by the trial court, wherein he refused to pay civil liabilities, with four yoars having elapsed since the filing of the administrative complaint. Consequently, a disbarment complaint was filed against him. Atty. G argues that the crime of frustrated murder does not involve moral turpitude. 3. Is the contention of Atty. G correct? b. Is Atty. G administratively liable for violation of the Code of Professional Responsibility? 2. No, Atty. G's contention is untenable When lawyers. are convicted of frustrated homicide, the attending circumstances - not the mere fet oftheir covvjeion would demonstete ter acca remain inte legal profession. inthe present tase, the appaling vincltveness woschen: srateees dishonesty of ty. G cleary show his uviorthiness to continue as a member of he ber ieorenens Dizon, A.C. No. 6792, Janiiary 25, 2006). . Yes, Aly, Gis administratively ible fr violating Canon 4 ofthe Code of Professional Responsibility through tis illegal possession ‘of an unlicensed firearm ahd Als unjust refusal esate Wa acy Wabitles. He has thus violated tho law and disobeyed te lawl orders of the courte, Inti AWW. acts are contrary to his aitomey's’oath and in the ‘Code°6} Pt6fessional Responsibility (Soriano v., Dizon, A.C. No. 6792, January 25, 2006). | See P was the original owner of a c ertain parcel of land. Several years after P's death, M, his son, discovered that the title to the subject parcel of land was conveyed to Atty, R by virt , the IBP recommendation is Yes, roper. Faisification of a document is an act reprehensible under Rule 4.01 of the Code of Professional Res} Ponsibilty and the Lawyer's Oath. Moreover, the lawyer's oath enjoins ‘of the land but also to refrain from doing any falsehood in or out of court Sid dacsateerting 9 the deing of any in cout, and to cond himself according to the best of his knowledge Arai scration with al good fidelty tothe courts as well as to his clients, Hence, Ay. R should be sucrendea (Valin v. Ruiz, A.C. No, 10664, November 7, 2017, Covered Case). l, he met Atty. Donald Daks. Indersarty wad him to engage the services of thelr firm to fle a sult against his omolayere ne wianhonr Yat hich Proved to be successful after due proceedings. However, Atty, Dake allegedly Wun a the award for payment of his attorney's foes. This led llogan to file an acminictratne ne ‘with the IBP, where he alleged, among others, that Atty. Daks engaged in ambulance chasing Atty. Daks countered the allegation, arguin; was in the course of this public service a. Define Ambulance Chasing. »- Given the factual circumstances, was Atty. Daks engaged in ambulance chasing? ig that he provides free legal advice to the public, and that it ‘when he met the complainant. o Procger ce? Chasing isthe solictation of almost any kind of business by an attomey, personally or Boag” 2 29enb is order to gain employment (Linsangan v. Tolentino, A.C. No. 6673, Sepism ber, ©. Yes, Atty. Daks is engaged in ambulance cha: sing. In encouraging Marino to file a lawsuit against his employers, Atty. Daks indirectly solicited leg jal business and encouraged the filing of suit. Such act 2019 SAN EDA LAW CENTRALIZED BAR OPERATIONS |7 eefea 2072 ERE WEEK NOTES ——_eutrenninsiermm 28. 29, 30. constitutes malpractice which calls for the exercise of the cour's disciplinary powers and warrants serious sanctions (Linsangan v. Tolentino, A.C. No. 6672, September 4, 2009), Phan Or's father, Atty. Know Or, has a law office carrying the name “Or Law offices”. Phan Or had Successfully finished law school and passed the Bar exam. Unfortunately, Atty. Know Or died due to a sudden heart attack. In order to honor his father, Atty. Phan Or decided to rename the law office that he had inherited from his father to “Or & Or Law Office.” Is the new name of Atty. Phan Ors firm Permissible? No, the new name used by Atty. Phan Oris not permissible, Under Rule 3.02 of the Code of Professional Responsibility, in the choice of, a firm name, no false, misleading or assumed name shall be used. The continued use of the name of @ deceased partner is permissible provided that the firm indicates in all ts Semmunications that said partner is deceased. In this case, there was no Indication that the father is already deceased. Being misleading, the continued use of the father’s name in the firm name should not be permitted White A is marriad to O, she had been sleeping on the same bed as Atty. F for quite some time. While Ingres having immoral relations with A, multiple witnesses (who are A’s children with 0) attest to instances where Atty. F would enter, clad only with a towel around his waist, and would ask everyone But A to leave the room. none instance, Atty. F chased down O, who was riding his motoreycle afong the highway, and challenged him to a fistfight'and'even threatened to kill him. a. Do Atty. F's acts constitute grossly immoral acts? b. Is Atty. F administratively lable for his acts? >. Yes, Fis administratively liable, In Fabugais v. Faundo, which bears the same circumstances, it was Srblained that while the, acts ofthe sama nature as coimplained might not be considered grossly or Sterkly immoral, they are nevertheless without doubt condemmable, and the lawyer may sill be held 2dministratively fable, tn the facts, ‘ty. F had rio quaime about being seen sleeping in hs own hed with another man's wife, and walking into a room Sccupied by A's children clad with nothing else cot apie” Therefore, Fis administratively liable for his condémnable acts (Fabugals v. Faunde Jr A.C No. 10145, June 11, 2018, Covered Case) sande, engaged the services Atty. Shih:Tzu to'représent him In an amicable proceeding with the labor areue sThe purpose of the appearance of ‘Atty! Tzu. is’only to raise that the notatised smicacio the procoedrage bY Bingo and Askal was invalid. Askal, the employee of Bingo, claimed that during Fee peaedings before the labor arbiter, he opposed the appearance of Atty. Tau ae the lawyer should have just encouraged them to settle amicably. This had irritated Atty. Tzu and he consequently Hea aa ly replied: “Even if you bring ten lawyers here, you will not get what you want.” Thue Ache’ fifed an administrative case against Atty. Tzu, 2 pig Alty. Tzu violate any provisions of the Code of Professional Responsibility? b. May Atty. Tzu represent Bingo In this case? . 2 es. Rule 8.01 of Canon @ of the Code of Professional Responsibility requires a lawyer to employ Peebectful and restrained language in keeping with the dignity of the legal profession, Feolrog Between litigants may exist, but they should not be allowed to influence counsels in thelr condiset ood gepeanor towards each other or towards suitors in the case (Canlapan v. Balayo, A.C. No. 10605, February 17, 2016). ». Yes, Atty. T2u may still represent Bingo in this case, lis the ri to give proper advice to those seeking relief. Atly. Tzu only me in espousing with candor his client's cause wes morely in accord with his duty to actin the beet inlerests of his client (Canlapan v. Balayo, A.C. No. 10605, February 17, 2016) 8 [2019 SAN BEDA LAW CENTRAL ZED SAR OPERATIONS LoLEGAL AND JUDICIAL ETHICS & TO THE LEGAL PROFESSION ° canons 7%09 31. Mr. and Mrs, Cruz charged Atty, Sharon Cubeta for mubractice and gross misconduct for allegedly i sand remarks in her pleadings which wore false, unsubstantiated, characterized sr enggonsistent with the character of an attorney as an offeee eet court, . provesses that she was angry while she was preparing her pleadings considering that her iusband, Kiko Pangil, was incriminated in a criminal case Meg by Mr. Cruz. She further invokes that the questioned statements she made are privileged in nolure. lee Atty. Cubeta correct? page maa eas coftentons are not correct. In keeping wth he cant ofthe ége profession, a lawyer's thetode cree be Glanfed and choice of anguage fs important nine oa ga pleadings. Rule 6.01 of tobuth te cour cnsoral Responsbity insiuts hat slawyers arguments aie once ea gracious be of such words as may be properly addressed by one genaces Technion Yonsei $P6Stacle prosenied by two momour the tar cress bickering and Sons)" Sevect rom the clgity ofthe togal profession (Javier v Torres, nce nese ‘September 21, j. 2 g $2. Atty. entered in an agreement with BB. The agreement Provides that BB will be referring clients to caicer Atty Kon the other hand will pay BB a 50/50 commie at every professional fee he will j collect from the referred clients. Is Atty.°K (Violating any Canons in the Code of Professional Responsibility? ‘ | Responsbiliy. Under Rule 9.02 ofthe said Code, a lawyer HSE ons not licensed to practice law except MT atides Non-lawyer eifployees In°eirétlkement plan even Ifthe plan is based in Whole or in part, on a profit sharing agreement. in this Case, Its cl6@e that BB Is not an employee of Atty. K 1 | Moan ,the agreement a retirement plan on: prof ‘sharing agréement (Tan Tek Béng v. David, A.C. No. , % rs 33, ple because the latter informed Its limit. Atty. B also refused to of the card ag they fall due. Aside from the collection eure lent on the disbarment case, ity provides that a lawyer shall Jaa versely affect his fitness to practice law, nor shall Ne, whetnes Public or private \ty. B's excessive shopping, F gpardenous Peoples (NCIP) against Bernardo Carpio snd ie latter's filming business. After notice of appearance of both tho lawyers of are Parties in the said case, Bemardo, with hig dinner ats 2oaduln Bordado invited Apo Tanda inva Uintes arg sinner, Atty. Bordado managed to convince Apo Tandate execute an affidavit of desistance to which thon Ties sented with his assistance. Aly. Bordado thesia the said document. Atty. Machete + Fereed 2” administrative complaint against Atty. Sordede Atty. Bordado argued that the affidavit of Sppustance of Apo Tanda was freely executed by hin Oi Atty. Bordado commit a violation of the Coae of Professional Responsibility in this case? Explain wes, Ally. Bordado violated the Code of Professional Responsibilty. Canon 8, Professional Responsibility provides that @ lawyer shat Not, directly or indir professional employment of another lawyer. Morece,« lawyer should not in Rule 8.02 of the Code of ctly, encroach upon the 10449, July 28, 2014). 2018 SAN BEDALAW CENTRALIZED BAR OPERATIONS 19 eee35. 36. 37. 38. 39. 10 | 2019 SAN BED LAW. | Ee 2079 PRE-WEEK NOTES —_ 2012 PREWEEKNOTES Integrated Bar of the PI lippines ‘What is the effect of a lawyer's non-payment of IBP membership dues? Hk merits administrative penalty. Section 10 of 139-A weirs that default in the payment of annual dues for Six months shail warrant suspension of members inthe inlograted Bar, and default in such pone veges Gebin Tusin alleged in his complaint-affidavit that Atty. Andi Lim rented a house from him in Quezon ity rowover, as the months went by, Atty. Lim failed to comply with his obligation, To pacity Room, rie ae tne ald ent. Relying on his promise, Robin allowed him to stay in the promises. However, Atty tim left the premises after Typhoon Maymay flooded the area without paying the accrued rentals, Tre atin to file an administrative complaint with the IBP. However, the same proved futlle as Atty. due notion, eats Verified answer and was absent during the scheduled mandatory conference despre ‘due notice, letting the case proceed & parté, pe Was the recourse of the IBP'in’hearrig the ¢ase'ex parté correct? ‘Yes, the IBP was cofrect. Urider Sectich 5, Rule V ofthe, RuleS.of Procedure of the Commission on Bar srecinine of the IBP. the-non-appearance atthe mandatory conferénoo oral the clanfeatory hosting shale Goomed! @ waiver of the rlghtto participate in the-proteedings, Hente\ Atty. Lim's fallure vo fie he venting SSRET and fo attencin the scheduled mandatory conferences amounts as ah dmission ef the alopatone in the compiaint, A Does compulsory membership in the IBP violate a lawyer's freedom of association? Se. compulsory membership in the IBP does not viola a lawyer's freedom of association. Integration Spee. iot make a lawyer'a member of any group of which he is not already & member. He became o none wich provides that the SC shall have the: power. to_ promulgate rules concoming pleading, proces ord braced in al cours, andthe admission to the pracie of aw and thetategraton of he eee (te linn AM, No. 1928, August 3, 1976). - May fauyer claim exemption from payment of membership dues during the time that he was inactive inthe practice of law such as when he isin the government service with functions uvreleted to ee when he was working abroad? se aianvyer May now claim an exemption during the time that he was inactive in the’practice of law. Mernbership fee in the Bar association is an exacton for regulation. l would not be possibie fot on’ og Of omearca Program without means to defray the expenses. Payment of dues is a necessary Consequorce Gfmembership in the IBP, of which no one is exempt. This means that the compulsory natn oF payment of Se crisis fr as long as one's membership in the IBP remains rogardioss ofthe lack of practice ot or he ‘ype of practic, the member is engaged in (Letter of Atty. Arevelo, Jr, BM. No, 1370, May 8, 2006) ‘What is the rotation rule in the election of IBP officers? NTRALIZED BAR OPERATIONSLEGAL AND JUDICIALETHICS TO THE COURTS (CANONS 10 T013) 40. Whats the sub judice rule? . ihe Sub Judice rule restricts comments and disclosures pertaining to the judicial proceedings in order to Fe ern issue, infuencing the cour, or obstructing the administration of justice (Tormis v, Paredes, A.M. No, RTJ-13-2366, February 4, 2015) 41 Agr a case for violation of the Omnibus Election Code was dismissed for lack of inert by the RTC, ty, A filed a motion for reconsideration on behalf of her clients where she quoted a portion of ¢ pabreme Court decision which she claimed to have reflected the logal basis for a judgment to supsort per cause of action. However, it was found that the quoted portion was just a part of the memorayaon | ‘of the Court Administrator quoted in the decision. Would Atty. A's act warrant administrative sonation? Feat tae, Court decision, Atty. A violated Rule 10.02 of the Code of Professional Responsibly which Trctere, et 3 lawyer shall not knowingly misquote or misrepresent the text of @ decision or authorly eee tle may be held administratively able and admonished for her utter carelessness in the present case (COMELEC v. Noynay, G.R. No. 132365, July 9, 1996), Yes, Aly A's act warrant administrate santo. 8y eng the memorandum ofthe Court Adminiatr 42, When may a lawyer testify in behalf of his client? Fue, 12.08 of the Code of Professional Respensibilty provides that a lawyer shall avoid testifying n behalf of his client, except “ & Gn formal matters, such as the mating, autentication or custody of an instrument, and thelke; or >. On substantial matters, in cases where his eslittony.s eséential to the ends of justice, In which event fhe must, during hs testimony. entrust the tal of the-case to another counsel I 43. Mty: dosh Corpuz wrote in Manila Times that the decision of the Supreme Court’n a highly publicized | ina case is incorrect and shows the Supreme Court's bias. The decision is not yet final, Ay: Mares Sones Med an administrative case against Aly, Corpuz for Violation of the sub Judie rule. le Atty i Corpuz administratively liable for his article? t es, he is administratively able. In Marantan v. Diokno, it was’éxplalned thatthe sub judice rule restcts Sacer meer sclosures pertaining to pending judicial proceedings, not only by participants in ths pordiog Sere, members of the bar and bench, itigants and.winesses, but also to the public’ gener mene canister urges the Medi, inorder to avold prejucgng the ishue, iuencing the court, or obstructive hg criticizing the decision of the Supreme Court, Therefore, he is administratively lable, and may | be lable for indict contempt (Marantan v, Dokno, G.R. No. 205956, February 12, 2014) 44. Atty. X is the counsel of the accused in a Criminal case pending before the Sandiganbayan. Atty, X allegedly gave Y, a security guard of the Sai indiganbayan, twenty thousand pesos, which is to be used Souche Security team’s Christmas Party. This fact was discovered by Y's superior endl on investigation Was conducted. During the investigation, Atty. X refused to comment * _fafer on, the findings of the investigation showed that Y has received money from Atty. X. Did Atty. x's ‘efusal to comment or cooperate withthe investigation constitute a violation of his dnt to es oe | en fy. Xs esa 9 conment or cooperate wih tho ivestgatonconstiuos a velaton is duty to ihe, cous n Socunty and Shertf Division, Sandiganbayan v: Crus ubich vost tes we ete eS that aso lawyer respondent isan ct cto fe Court who has the duty to uphold its dignity and authority and OF fay of ese he Seministration of justice, He is therefore under abligaion tovahed loht on ae ne oF faisty of the issue, considering that he Is in the issue involving Y, and his act of refusing to Therefore, Atty. X has violated his duty to the cour ‘AM, No, SB-17-24-P, July 11, 2017, Covered Case). ann “5. au University College of Law's faculty members released a statement which accused Justice Essie olPleaiarism in a case décided by the Supreme Court where she was the pevonte cnn statement was, faculty t0 show wage 28e's bulletin board. Tho Supreme Court took notice of thie and eeka as Perey ete SHOW cause as to why thoy should not be disciplined for viotagot oon? Code of nal Responsibility. Should the faculty members involved be held scminietea ively liable? i wes. they should be held liable for violation of Canons 10, 11, and 19 of the Code of Professional iciary is critical to maintaining a free and2019 PRE-WEEK NOTES faculty members run contrary to their obligation as law professors and officers of the Court to be the first to uphold the dignity and authority of the Supreme Court, to which they awe fidelity according to the oath they have taken as attorneys, and not to promote distrust in the administration of justice (Re: Letter of the UP Law Faculty Entitled “Restoring Integrity: A Statement by the Faculty of the University of the Philippines College of Law on the Allegations of Plagiarism and Misrepresentétion In the Supreme Court, A.M. No, 10-10-4-SC, March 6, 2011). TO THE CLIENTS Canons 14 to 22 46 47. 48, 49, Under Rule 14.03 of the Code of Professional Responsibility, what are the two instances when a lawyer may refuse to accept the representation of an indigent client? A laviyer may refuse representing an indigent client in any of the following instances stated in Rule 14.03 of the Code of Professional Responsibility: ‘a. If he is not in a position to carry out the work effectively or competenty; and b. Ihe labors under a conflict of interest between him and the prospective client or between a present client and the prospective client Tho complainant ina Pi sought.thé assistarice of A collection of sums of money filed against her before the MTC. Aity, Billiard agreed and accepted P8,000 3s filing and partial service fee: However, upon secking update on the progress of the case, Ina's son found that Atty. Billiard was not able to act on.the case because he.was 80 busy. This led Ina Pi to withdraw the amount paid to-Atty. Billiad and the pertinent ease doclments. Ina Pl also referred the matter to the ISP Commission on Bar Discipline, which found Atty Billard administratively liable for Violating Canon 18 of the Code of Professional Responsibility, recommending his suspension from the practice of law. Should Atty Billiard be held administratively lable? ‘Manny Billiard in connection with a case for ‘Yes, Aity. Billiard Should be held administratively able, The Court préviously ruled in the case of Rollon ¥. Narraval that acceptance of money from a client establishes a7 attornay-clientirelationship and gives rise to the duty of fielty to the client's cause. Every case accepted by a lawyer deserves full attention, diligence, skill ‘and competence, regardless of importance: In this case, Aly. Biliard transgressed the mandate of Rules 18.03 and 18.04 of Canon 48 of tie Code of Professional Responsibility by his continJouis inaction despite repeated follow-ups (Rollon v. Narraval, A.C, No. 6424, March 4, 2005). G, a mayor, revealed to Atty. L that he was involved in a case of bribery and therefore sought the latter's, services to represent him to which Atty.'L agreed. G again'comes before Atty. L and telis him about his plan of malversing the:city’s publie.funds and would like the same lawyer to represent him if ever he faces another charge. If Atty. L is called before the court to testify against G as a state witness, are all declarations made by G covered by privileged communication? No, not all deciarations made by G are covered by privileged communication. Only the details disclosed regarding G's involvement in the bribery case are privileged. In People v. Sandiganbayan, it was held that statements and communications regarding the commission of a crime already committed, made by a party who committed it, to an attomey, consulted as such, are privileged communications. However, the corrimunication between an attomey and client having to do with the client's contemplated criminal acts, or in aid oF furtherance thereof, are not covered by the cloak of privilege ordinarily existing in reference to communications between an attorney and a client, The malversation of funds not having been committed yet, these communications are outside the pale of the attomay-client privilege (People v. Sandiganbayan, GR. Nos. 115439-47, July 16, 1997) SKL Bank engaged the services of Atty. Sam Gyup in a case for injunction and damages with a prayer for the issuance of a TRO filed by the Tutubig Water District (TWD) against the Bank before the RTC. Atty. Gyup attended the hearing on behalf of SKL Bank where he promised to file a comment on the application for Injunction within 10 days. However, Atty. Gyup failed to do so, which eventually led the RTC to declare SKL Bank in default. The claim of TWD was granted and eventually led to the issuance of a writ of execution against the bank. ‘SKL Bank subsequently filed a disbarment complaint with the IBP against Atty. Gyup, alleging culpable negligence on the part of the lawyer, Was the allegation of the bank correct? ‘Yes, SKL Bank was correct. anon 17 of the Code of Professional Responsibility provides that a lawyer owes fidelity to the cause of his client and he shall be rindful ofthe trust and confidence reposed in him. Once 12 | 2019 SAN BEDA LAW CENTRALZED BAR OPERATIONS. |LEGAL AND JUDICIAL ETHICS z 50, 51 52. 53, [Su ea cone o Bo Ceard ta Seo eae, pazees to take up the cause of a client, the lawyer owes fidelly to such cause and must always be ‘Tina of the tust and confidence reposed in him. In the instant case, Aly. Sam Gyup grossly nesientea tre culy as counsel othe extreme detriment of his cient, He willingly and knowingly allowed the judgrent nts case fo become final and executory. He failed to, assert any of the defenses and remedies avaliable to his Geet under the applicable taws. This constitutes inexcusable negligence warranting an exerise by tie Got Luis Power to discipline him (United Coconut Planters Bank v. Noel, A.C. No. 3951, June 19, 2018, Gevered Case), What s the Mandatory Legal Aid Service enshrined in Bar Matter No. 2012 jolt, Mattor No. 2012 governs the mandatory requirement for practicing lawyers to render free logal id senvices in all cases (whether, civil, criminal or administrative) involving indigent and pauper litgents where Ie assistance of a lawyer is needed. It shall govern the duty of other members of the legal iroleccon te Segoy'* (° 1298! sid program of the Integrated Bar ofthe Philippines (Section 3, B.M. No. 2012, February 10, 109). her administratively, i, Sherif and her husband went to Alonso’§ house to harass her into executing an affidavit of fesistance in the administrative case. This’ led Alonso to file criminal cases against Gil and her husband. Notwithstanding the pendency of the execution of the judgment in the civil case, Atty: Dario Fo cieeatet, Gil and her husband in the criminal-case filed by Alonso, Alonso thus sued Atty. Barito for disbarment for violating the lawyer-cl i Atty. Barito argues that there Is no.conflctof interest in tis caso, asthe civil case handled by thelr Bw firm where Alonso is the complainant and the criminal eases filed by Alonso agsinet the Gi spouses are not related. E conflict of interest. 3 Explain the “use of prior knowledge" test to determine the existence or nonexistence of b. Is Atty. Barito liable for conflicting interests? 3s 2 82 of rior knowledge" test inquires into the matter of whether the lawyer would be called upon in he new relation to use against a former dlient any confidential information acguired through thor ‘connection or previous employment (Gonzalés'v. Cabuucana, A.C. No. 6836 (Resolution), January 23, 2006). When may a lawyer validly withdraw his services? According to Rule 22.01 of the Code of Professional Responsibility, any of the following cases: (IVIM-FEQ) 3 nen the client pursues an Hegal or immoral course of conduct in connection with the matter he is handling; b. When the client insists that the law a lawyer may withdraw his services in 1yer pursue conduct Violative of these canons and rules; Wwe his Inabilty to work wth co-counsel wil not promote the best interest ofthe olent C @ When the Mental or physical condition of the lawyer renders it diffeult for niece carry out the employment effectively; e. When the client deliberately fails to agreement: £. When the lawyer is Elected or appointed to public office; and 5 Other similar cases (Rule 22.01, Canon 22, Code of Professional Responsibilty). Pay the Fees for the services or falls to comply with the retainer The children of the ate Dr. Kiko Mateo filed a peti Seng 2 parcel of land in cahoots with complainants’ estranged mather. Aty, Migey seco ange for thelr late father in several cases, one of which involved the recovery ofthe lanai issue, wogR cot deny having received the down payment for the property sold and sive done wot deny falling {0 alve complainants’ share, Atty. Goymi reasoned out that he applied said payment ashie share tn Migoy Goymi for Goymi, who acted 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS [1355, 56. 57, by 2019 PRE-WEEK NOTES Property, but stresses that he only took it upon himself to sell the property because complainants wore Unfamiliar with real estate transactions. Will the case against Atty. Migoy Goymi prosper? ‘Yes, the case will prosper. In Heirs of Carfos v. Linsangen, it was held that a lawyer is not entitled unilaterally appropriate his client's money for himself by the-mere fact that the client owes him attomey’s fees. ‘The failure of an attorney to return the client's money upon demand gives rise to the presumption that he has misappropriated it for his own use to the prejudice and violation of the general morality, as well 2s of professional ethics; it also impairs public confidence in the legal profession and deserves punishment. When Atty, Goymi determined all by himself that the down payment accrues to him and immediately appropriated the same, without the knowledge and consent of the complainants, this constituted a breach of his client's trust. ‘Therefore, his unjustified withholding of money belonging to his client, as in this case, warrants the imposition of disciplinary action (Heirs of Carlos v, Linsangan, A.C. No. 11494, July 24, 2017, Covered Case). Atty. Pami Lee became the business consultant, lawyer, and accountant of the Kho Family. When Papshie Kho died, Atty. Lee acted as the legal counsel and accountant of his widew, Mamshie Kho. Thereafter, Mamshie Kho found that Atty. Lee acted as accountant of both the estate and two of its Creditors in the estate proceedings. She claimed that Atty. Lee represented conflicting interests when pis accounting firm propared the list of claims of creditors Cassie Chu and ABC, Inc. against her husband's estate which was represented by Atty. Lee's law firm. This led Mamshie Khe to file 2 complaint for misconduct against Atty. Le Is Atty. Lee guilty of misconduct? ‘Yes, he is quity of miscoidlict for representing conflicting interest, It is a general rule that an attorney cannot represent adverse interests: Its highly Improper to represent bat sides ofan issu. In this ease, thors is no question that te interest of he estate anc that fits eredliors are adverse to each other Theres cleery 2 conflict between the inlerest of the estate which stands as tho debtor, ahd that ofthe two eiinnante wis oe, editors ofthe estate (Nakpi y. Valdes, A.C. No. 2040, March 4, 1996). Atty. Goodman is the lawyer of Mr. White in a case for annulment against the latter's wife, However, during the pendency of the case, Mr. White's wife died. Mr. White then asked Atty Goodman to [apresent him in a succession case as regards his wife's properties. Atty: Goodman agreed. However, Atty. Goodman knows for himself that Wills and Succession is not his expertise. He then entered Int an agreement with Atty. Gus. In the agreement, it was stipulated that Atty. Gus would prepare the Pleadings and Atty. Goodman would be the one to appear in court. They also agreed to divide the professional fees in half. Did Atty. Goodman ‘violate any provision in the Code of Professionel Responsibility? Explain. Yes, Atty. Goodman committed a violation ofthe Code of Professional Responsibilly. Under Rule 18.01 Cite Code of Professional Responsibly itis provided that a lawyer shall nol undertake legal sevine union he knows or should know that he is not qualified to render: However, Ne may render such agin Wea oe consent of his elent, he can obtain as collaborating counsel a lawyer who is Competent on ne matter Inte case, Mr. White was not informed by Atty. Goodman that he would cola ase Which isa clear violation of tho aforementioned article, flatla Cruz engaged the services of Atty. Julien to prosecute a criminal case agalnst several suspects {oz the death of her mother. On the scheduled date of the hearing, Atty. Julien falled to attend! the Tete gnat eventually ed to the grant of bail of all accused. Because of this, Starla accused Atty, Bullen that he jeopardized the case and demanded that the records of the case be forwarded to Ne, Feeling hurt, Atty. Juli No, Atty. Julien cannot validly withdraw his services anytime. Unlike the client-complainant which has the absolute right to terminate the attorney-client relation at any time with or without cause, impliedly Stiulates to carry itto its conclusion. A lawyer's right fo withdraw from a case before its final adjudication ariees ay from the client's written consent or from a good cause as enshrined in Section 26 of Rule 138 ef Ihe rang gules of Court ty. Julien being hurt by his ellent’s comments is not a valid ground for withécawing Som the case. Therefore, he cannot validly withdraw as counsel (Orcino v, Gaspar, A.C. No. 3772, Septonber 24, 1997). ‘Ai Jese was the counsel of Laida for an unlawful detainer case against Miggy. Miggy claimed that while the case was pending before the Supreme Court, Laida sold one of the properties In live Fant pai to Atty. Jose's son, Julian, Miggy filed a disbarment complaint against Atty. Jose contending Grate committed malpractice when he acquired, through his son, an interest in the property subject of the unlawful detainer case in violation of Article 1491 of the Civil Code. Did Atty. Jose violate the Said provision of the Civil Code and his ethical duties as a lawyer? ‘14 | 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONSAND JUDICIAL ETHICS ZED ENR OSATONS Tip ne Code prohibits justices, judges, prosecuting attorneys, clerks of court, other ofeers sna ‘employees connected Sthetne Sdministration of justice, and lawyers, to acquire by purchase, even at & peble oy judicial auction, Pater perzon oF through the mediation of another, the property and rights ligation or vos pon execution before the cour within whose jurisdiction or tenitory they exercise theinfospocticc heeoeee. Here, Miggy failed the alte Y,cuidence that Julian acted or mediated on behalf of his father, Atty. Jose, ec then Atty. Jose was srncnimate beneficiary ofthe sale transaction. Therefore, Aty. Jose did nol wolate whe Gen Code, and his ‘nical duties as @ lawyer (Santos v. Arrojado, A.C. No. 8602, June 27, 2018, Covered! Gace) 58. A cabinet of Atty. X in his law offic sou Prohibit he policemen in opening the cabinet owned by Aly. X (People s Sp Juco, G.R. No. L-41957, August 28, 1937). Agyinst AMMG Company. A tow months after the-hearing of the case, simon vale ‘Atty. Bumaom to Siuow up the status of the case, To his surprise, aity, Bumaom infommed hear the case was , Simon filed a disbarment case against Atty. Bumaom fer the {iter’s negligence. Atty. Bumaom contended that he exeried his best cites A defending Simon's case. Will the case against Atty. Bumaom prosper? : | 59. _ Simon De Leon engaged the services of Atty: Jay Bumaom to represent him in an illegal dismissal case | woeteiannad nme atone. noise oxrr ume tent ms mpc sn ea etree ttc | Sursonis apes ofa ay witout he need to be reminded by ef! Ie con erie oer near se iSouiiesaG adie tgeaanyaeeaccncreets | appellate remedies. Atty. Bumaom failed to exhaust.all possible remedies to protect his client's interest, which | Se Seas » migmnmen carne ne anata tate naps et tS ry yy Sea re ok oat Saari si ey moe Seen nie Sra bey asec so 5 > z 3 Io. the contention of Atty. Mulante is not correct. A lawyer is forbidden from representing conflicting tes exCePt By writen consent of all concerned given atter& full disclosuve of he foes The absence of a wrilen contract wil not preclude the finding that there was a professionl relationship between the parties. To I Sciablsh the lawyor-fient relation, it's sufficient that the advice and assistance or os attorney is sought and ahd by Sub eegmatte pertinent to his profession. Therefore, by representing Busey in tes previous civil case ' saan eubseauently requesting a preliminary investigation against him Atty Aten ie guilty of representing 7 conficting interests (Yumang v. Alaestante A.C. No. 10992, June 19, 2018, Cuvee Case) Attorney's Fees 61. Discuss the two concepts of attorney's fees and thelr bases. repeat two concepis of atiomey’s fees — ordinary and extraordinary. in its ordinary sense, itis the comporeeicn mmensation pald to a lawyer by his client for legal services rendgen aye basis of this Sede ata is the fact of employment by his client. On the other hard ii extraordinary concept, itis aac era, Re court to the successful itigant to be paid by the losing, arly as indemnity for damages, The ass ofthis is any of the cases authorized by law and is payable net othe lawyer but to the olient uniess they U2Ne 2greed thatthe award shal pertain tothe lawyer as addtional compensate 288 part thereof (Rosario, wiv. De Guzman, G.R. No. 191247, July 10, 2013) ‘i 2019 SAN BEDA LAW CENTRALZED BAR OPERATIONS 145 (eer ——ay 2019 PRE-WEEK NOTES 62. What is quantum meruit? {Quantum meruit” means “as much as he deserved". Itis used as a basis for determining the lawyer's professional fees in the absence of a contract. Itis also authorized even if the counsel, for justifiable cause, was not able to finish the case to its conclusion, or wheré'the circumstances of the engagement indicate that {twill be contrary to the parties’ expectation to deprive the attorney of all compensation (Sanchez v. Aguilos, A.C. 10543, March 16, 2016). 63. What are the factors to guide a lawyer in determining his fees? ‘As accorded by Rule 20.04 of the Code of Professional Responsibily, a lawyer shall be guided by the following factors in determining his fees: (TNIS-PCAC?P) ‘The Time spent and the extent of the service rendered or required; The Novelty and difficulty of the questions involved; The Importance of the subject matter; The Skill demanded; : The Brobabilty of losing other employment as a result of acceptance of the proffered case; ‘The Customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; ‘The Amount involved in the controvéty afd the benefits resulting o the client from the service; The Contingency or certainty of compensation! 7. The Character of the employment, whether occasional cr 8établished; and Zhe Brotessional standing ofitie lawyst (Ri 20.07, Canon 20, Code of Professional Responsibiliy). ~ 64, Differentiate acceptance fee from attorney's feo, ;Atorey’s fee is understood both in its ordinary and extraordinaty ‘concept. In its ordinary concept, Ayorney’s fee refers fo the'reasonable compensation paid to a lawyer by.his clieht for legal services rendoveet LUN, ts extraordinary concept, attorney's fee is awarded by the court to the successful litigant to be pad Py the esing Party 2s indemnity for damages. On the other hand, acceptanee fae refers to the charge imposed by the lawyer for mete acceptance Gf the caso, The rationale for the fee is bec represent @ client, he is prectuded from handling cases of the. opposing. party based on the prohibition on Peomchof interest. The apportunity cost of mere acceptance is thus indemnified by the payment of accoptance fee. However, since acceptance fee compensates the lawyer only. for lost ‘opportunity, the same le nox FOr? Corea ne nature and extent of the legal services rendered (Ignacio v, Alvar, A.C. No. 11482 sluly 17, 2017, Covered Case). 7 £5. Rani Mondragon engaged the servicas of Atty. Leon for purposes of handling the case of her daughter fora stipulated acceptance foe of P100,000. After Leon received ihe initial paymenta, he conforrnd int Mondragon’s daughter once for 20 minutes, and then after receiving the balance, he filed hi waticn of appearance and accomplished the same,’ Thereafter, he reneged from his responsibilities te the Mondragons. Because of this, Dani requested that the respondent remit back to her the acertance foe that she paid the latter, but also asked him to retain a portion of It to fairly compencale fen wne Preparatory legal services he rendered. Atty. Leon refused to return the acceptance fee, claiming that the same shall serve as his compensation. Is Atty. Leon entitled to attorney's tees ‘Yes, Atty. Leon is stil entiled to attorney's fees. Nevertheless, his accoptance fee must be reduced, n {2zacio v. Avia, for the lawyer, the mere acceptance of a case amounts to opportunity cost thus he meat bo ree ryted by the payment of an acceptance fee. However, the Court has ordered the return of deceptonce fees jn cases wherein the lawyer was negligent in the handling of his ellent's case, which in tis tesere, he Tninutes, and fling his entry of appearance. Therefore, Atty. Leon is only ented i en, ihe Preparatory legal services he rendered (lgnacio v. Alvar, A.C. No. 11482, July T7, 201%, Cosored! Case), £5. A union, represented by their president, Z, engaged the services of Atty. X and Alty. Y for a claim of back wages, 13" month pay and other benefits. It was orally agreed by the thres that 305, of the attorney's fees shall be divided equally amongst them. a._ Is the agreement entitling Z to a share in the attorney's fees valid? What if is not the union president, but another counsel, referred by the two to the client, what shall-be his share in the attorney's fees if the client agrees to take himon? No, the agreement entiling Z to a share in the attorney's fees is not valid. Canon 20 of the Code of Professional Responsibility does not allow the sharing of attorney's fees with a non-lawyer ana leo 19 SAN BEDA LAW CENTRALIZED BAS OPERATIONS>. Z shall get fees in proportion to the work he has exerted. As enshrined in Rule 20.02 of the Code of prctessional Responsibility, f another counsel is referred to the che’ ‘and the latter agrees to take ee colaborating counsel, and there is no express agreement on tre Payment of his attorney's fees, the said counsel will receive attomey's fees in proporton ie me assumed. 67. Distinguish the two kinds of attorney's lien. aoe ee |general lien. [belonging to the client [- i ESAS to Nature: Passive Lien. it cannot be actively enforced. tis a 7 AS toBasis sg |L@wful possession of papers, documenta, proy 'work performed and responsibilty eee [Active Lien, It can be enforced by execution, Itis al lspecial lien. [Securing of a favorable money judgment for the elient. “AS to Coverage lprofessional employment, (Covers papers, documents, and properties in thel lawful possession of the attorney by reason of his! “ [Proceeds of jdgment in favor of client; proceeds. of| \Covers all judgments for the payment of money and! lexecution issued in pursuance of such judgments: ‘compromise settlement. ipabers, documents, or propery. “AS to Effectivity: [As soon as the attomey gets possession of the |As soon as the claim for attorney's fees had bean [Client need not be notified to make iteffective ‘As to Notice : lentered into the records of the case. [Notice must be served upon client and adverse pany. [regardless thereof. E : AS to Applicability May be exercised before judgment or execution ar Generally, exercisable only whan the atiomey had jalready secured a favorable judgment for his client, ‘As to Exti [When possession javfully ends, as when the lawyer! jvoluntarily parts with the funds, documents and Papers, but NOT when the documents have been improperly or legally taken from lawyer's custody, inguishment g : When the client loses the action as the lien may only be lenforced against a judgment awarded in favor of the) client, the proceeds thereof or executions thereon, (PINED, 68, \ Legal Ethies Annotated (2009), p.388; AGPALO, Legal, Ethics (2009), pp.480, 455) + edaaameuna was hired by Pau Goda to represent her in a case. Their seemingly smooth relationship Sagcealy {urmed sour after countless misunderstandings, which made Pau Goareonooe ing anew todo so contenot demands the records of the case from Atty. Yawcuna, However the lawyer refused res, Ally. Yawouna's refusal to raturn the documents subject to retaining lien is valid. in Spouses San follwing Mendezs. Iwas dlscussed that an attorney's retaining lien is fully tosognized i tre oro the Rolowing elements concur: (1) lawyer-client relationship; (2) lawful possessor of re enon ee funds, documents, Ay. vows (2) _unsatisied claim for attorneys fees. Here, was eslablohed that Pau Goda gee AW, wrancuna as counsel, and the latter came into possession of the documonis ot waar Prepare the 69, 2019 SAN BEDA LAW CENTRAL: BAR OPERATIONS 117418 | 2019 SAN EEDA LAW ne ret 2019 PRE-WEEK NOTES SAN BFDa cae OF LAW CENTRAIZE BAR OPERATIONS 201g see ren ettsel's justifiable, The contract is champertous and prohibited as it's against public policy. ‘nay agreement by a lawyer to conduct th litigation in his own account. to pay the expenses thereof oto ons fis cen! therefrom and to receive as his fee a portion ofthe proceeds of the judgment is obnoxious tothe tae fathef than that of his client or to accept a settlement which Fae ane cate of his interestin the verdict othe sacrifice of that of his cllentin vilation of hie duty of worded ‘oelty to his client's cause (Cadavedo v. Lacaya, G.R. No, 173186, January 16, 2014) 70 tan alleged that he had a handshake agreement ona 12% contingency foo with Atty. Jose to represent Fre tea, lege! dismissal case wherein the evidence is clearly In Juan's favor. Eventuslly seem ann E15 egal dismissal case. When Juan was about to withdraw the amount granted to himh’ Atty Seog the ease of S0% of this grant belongs to him as attorney's fees and maintained that he only accented sae Glee on 2 80-80 sharing arrangement, Juan now brings a complaint against Jose for denvanding on exorbitant contingency fee. Will the complaint prosper? Since Garmlaint wil prosper. n Cortez v. Cortes, it was hel that generally, the amount of attomey's feos is that stpulated in the retainer agreement which is conclusive as to the since tis a simple labor case wherein the evidence is clearly in Juan's favor. Atty. Cortes hardly previo Fay seeagce that wil justify such an excibitant arhouht, But instead a reasonable amount worth the services he Foi Cove enar. Therefore, the, contplaint should prosper (Cortez v. Cortes, A.C. No. 9179, March 13, 2018, Covered Case). sear ee 71. Discuss the nature and characteristics of disbarment proceedings. The nature and characteristics of isbarmantpodeodings ae ds flows: (S6-D-SP-Pre-PaneMo) 3 Disbarment proceedings against lawyers are: Sui genes, o a clas ¢t ts own, They are: ‘Neither purely cal nor purely criminal because they da not involve a tal of ai action or a sult, but are rather investigations by the Court into the conduct of one af ls officers, ‘i NOT's criminal pasecution because they are not intended to inflict punishment. The real question {gotermination is, whether or rot the attorney is still aft person to be allowed the privioges oe such; and IH NOT @ chil action because there is neither pain nor regpendent. Pubic nterest is thelr primary Diective and involves no private interest. Hence, a real parly-n-interest is not required ard there is no redress for private grievance (Gonzales v. Alcaraz, A.C. No. 5321, September 27, 2000) b-Qfsbarment proceedings are Gorfidental units fal determination (RULES OF COURT, RULE 13, Sec. 10); © Double Jeopardy is inapplicable in a disbarment proceeding against an attomey for the reason that a disbarment case does not partake ofa criminal proceeding, +3. Can be initiated Motu proprio by the Supreme Court or by thi IP © Can proceed regardless of interest or lack of Interest of the complainants, warrant; f.Itis tseif a Due process of law; 9. Whatever has been decided in a di in another actin: h. Renaity in disbarment case cannot be inthe alternative; i. No Prejudicial question in disbarment proceedings: 1. In Pari deticto rule not applicable: k \ if the facts proven so isbarment case cannot be a Source of right that may be enforced No Res judicata in disbarment cases; and Monetary claims cannot be granted, except restitution and return of monies and properties of the client gygy "Ine course of the lawyer-client retaionship (FUNA, Legal and Judicial Ethics, supra at 40a, 418), 72, Ronald enlisted the services of Atty. Walter for the election protest he filed against his rival in the SK Fae Hons: Atty. Walter submitted falsified documents for the case, and even failed to appear as eocnsel for Ronald. As a result, Ronald filed a disbarment complaint against Atty. Walter for Hie inch cr Romnrgance and integrity. In his comment, Atty. Walter denied the accusations, and alleged that Feng executed a document entitled “Release Waiver and Discharge,” which, to him, discharges hint Tony ane cents of action that Ronald has against him. Would the “Release Waiver and Dissharne™ deny the Court its power to sanction Atty. Walter administratively? ENTRALIZED BAR OPERATIONS.| LEGAL ANDJUDICIALETHICS ge —___LEGAL AND JUDICIAL ETHICS y { | {Gr prvate grievance. They are undertaken and prosecuted solely for the publie wellaie the aiscemnone being ministrative in character cannot be impeded on the basis of a “Release Weiver and Discharge” document. repretore, the Court can stil sanction Atty, Waltor administratively (Umeguing v. Do Vera, A.C. No, 10451, February 4, 2018, Perlas-Bernabe, J). 73. Atty, Mami Pacquizo, the counsel for Catriona Halil, a showbiz personality who became thé subject of Bote ene dal with Dr. Hayden Mho, recently became the subject of a pending adminiewraties coe Before the IBP. One day, he was shocked to find two articles published In Tektck and ine Philippine . Preeweatating that he was alroady suspended trom the practice ef law for one yore ere nee Ricky Lowes Defoe the IBP. The articles were written by showbiz columnists Crispy Peppermint, sod } Ricky Low. i This led Atty. Pacquiao to file a petition to cite Peppermint and Low for contempt, alleging that the ' Ber erarly violated the confidentiality rule in proceedings against attorneys se mesos by Rule 139- B of the Rules of Court due to the publication thereof. May such publication of matters relating to charge? barment proceedings be the subject of a contempt “GS, guCH Mattors may be the subject ofa pein to cite a particular person in contempt. The malicious i newse er gized, Publication or verbatim reproduction of administrative complaints sector lawyers in oF cou sane: eure andlor reporters may Detaaalta, Such amature publeaion cosetsns woos nn, ment complaint: members of the media must preserve the confidentially of asbarment proceedings during its pendency (Palad v. Solis, GR. No. 208607, October 9 2016). tral eck sonata tule, dscplinary proceedings are cotidéntal in nature unt their hal resolution and ihe final decision of the Supreme Court. However, ih this case, ‘the disciplinary proceeding against petitioner 7. For purposes of verification, Dr. Dr. Strange was able to transfer arte fs name. Hulk then hired Atty. Ironman to enforce hie right te solic: Atty. land, threatening the doctor that would auetive charges would be filed against him for the revocation of his lesee cae doctor if he “Would not adhere to the demand. Dr. Strange then filed a case of diesen so against Atty. Ironman Stating that the latter is blackmalling him. Should Atty. Ironman be dieoereas No, Ally. Ironman should not be disbarred. Under Rule 19.01 of the Code of Profe 3 lawyer should not fle or threaten to file any unfound ‘adversaries of his client. in, this case, the.demand letters sssional Responsibility, led or baseless criminal case or cases against the Sent by Atty. ironman to Dr. Strange were based on . i ibgllimate cause or Isoue and i thus permissible. Ay, Ironman was slime acting in compliance with his overs oath to protect and preserve the rights of his cont /Malvarv; Flor A Gree 11871, March §, 2018, Covered Case). PROCEEDINGS 78. Does the filing of an affidavit Proceeding? No. An Affidavit of Desistance cannot have the effect of abati Public service character of the practice of law and the Concern. A'case of suspension or disbarment Is. sul ge ina civil case, but is intended to cleanse the ranks of t ‘© protect the public and the court. A disbarment case | ing the instant proceedings in view of the Nature of disbarment proceedings as a public interest neris and not meant to grant relief to a complainant ae he legel profession of its undesirable members in order is not an investigation into the acts of respondent buten 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS |19ft 7 2019 PRE-WEEK NOTES Fh ne eas an officer ofthe court and his fitness to continue as a member ofthe Bar (Ventura v. Samson, A.C. No. 9608, November 27, 2012) 76. Atty. Bobbie resigned from her post as the Clerk of Court of the RTC of Manila, Thereafter, within the Employees che cretibition of the Code of Coriduét-and Ethical Standards for Public Otieisig ana Ii Kare Bee ghoul be held administratively able despite the lac of formal investigation. In Query Fea loge rigs Suverio-Bule, twas held that in roady admission of a violtion of law, tne pnciple Groce vreatrines application. In several cases, the Court has disciplined lanyors where the facts on coerce provided prauided the basis fof the determination oftheir acrinitratve lab. The cords of pres cone cpsseaney the Executive Judge, as well as Aty:'Bobbie's clear admission in her montosteter wf nor pronblios ayevale counsel provided there isjsuffcient basis that she realy dd violate the enetyeor Bobbie Shane aces vate pracce of lw frm the tine she fesigned! as clerk of eur Therelon Aa Bobbie should be held adminis! trativély liable-without need ‘of formal’ Westigation (Query of Atty. Karen M. ‘Sliverio-Buffe, A.M. No, 08-6-352-RTC; August 19, 2009). RECOVERABLE AMOUNTS; INTRINSICALLY LINKED TO PROFESSIONAL ENGAGEMENT 77. Gerald Understand hired Afty. Dante Mulapa forthe later to représent hin in a civil action to change Minne, “Gerald Misunderstood.” In the course of the proceedings, Gerald gave Atty. Mulapa Pt duriog a ocePtance fee. Atty: Mulapa was also ablo to acquire a loan worth P10 Mile fra sere | Maina, the course of the proceedings, which the former used to furnish his offtes, However, Atty. i rae tamae,Realigent in handling the case as the necessary files were all In disarray, Tre eecl oe. i Mrorpcug sed in the tower court and Atty, Mulapa was not able to file the memorerciurn required to InterPose an appeal. Due to this, the relationship got strained and Gerald was net alice change his ame, Gerald filed a case of disbarment against Atty. Mulapa, B Moy Geral llowed to present evidehce to recover the debt nthe disbarment proceedings? » Mey Gerald be allowed to presont evidence to recover the acceptance fes In the date nn proceedings? 2. No, Gerald is not allowed to present evidence to, recover the debt in the disbarment proceedings. The Auantum of evidence in a disbarment case. and-in’a civil action for collection of ‘sum of money to deterring the court from ruling on the merits in the issue Fecover debis are different from one another, of fecovery ofthe sum of money. The administrative complaint requires eubstantat endonce justify acing of lability, while a civil action requites greater evidentiary standard of presenderees Slant ora proceeding for suspension or aisbarment isnot a evi action where the complaint ies Feige ond the respondent lawyer is a defendant. Thus, Gerald cannot adduce evidence are 38 20 No)e a te disbarment proceedings of Aty. Mulapa (Sase v. Mendoza, A.C. No B76 Now, 22, 2018). b Nee Gerald is allowed to present evidence to recover the acceptance fee in the disbarment Slent and not a ra money is acquired by virtue of the professional relationship of the lave; to nic cieat and not in his personal or private capacity, the same may be recovered inthe aumiectate case (Foster v. Agtang, A.C. No. 10879, December 10, 2014), 78. Atty. Julius Lalim, after being crapeed eaing his indiscretions in the egal profession. Atty. Lalim avers that 18 yeore for already Faateeg ance his name was dropped from the Roll of Attorneys, and that at the age ert he w begging Rireraveness and pleading for reinstatement. According to him, he has lona' conten goes has Stibuted reua He argues that since his disbarment In 1992, no other trneerensor nat oe attributed to him, and he has shown remorse. Should Aity. Lalim be reinstated 20 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS7, 80, 8 22, 83, LEGAL AND JUDICIAL ETHICS je rake eA LCIAL ET mo Yes, Aly. alm shoul be resent of ho cheunsanes ata caus houoh Ne ee cog lrg often wih he as ended re poly of Sabot osha ese BBE He pate eisatemenhiscaormybe kan coleace care haoas she ennai Son Ae Courtrled thal while itis ever mindul of its duty to cscipine is enng ofcers Maker Le now compan wen he peal ingand hs areas) Sones ee es HE Soon ™eNS are imposed not to punish but to correct offenders (Bernardo v Mejor Ac: No 2984, August 31, 2007), Frcoateestioned Atty. K's appearance in a criminal case on the ground that he has'been disbarred. that pa the former filed an administrative case against the later. In his defenee, atte re mentioned seroma atas, ready pardoned for the crime which was the basis for his diebaeneny thus, he can ‘automatically practice law. Is Atty. K's contention correct? 120; Atty: K's contention s not correct. An evidence af reformation is required before the applicant becomes Taher reinstatement, notwithstanding the grant of pardon following his conviction, Tra Fequirements for may ronule o geaeoen hel to be the samo as for a lawyer’ inilal acmission to the bar escent artes sok ig nol acta srgater degree of proof therein. Hence, in the present case, absent any evidence of reformation, feenet automatically deemed readmitie in the practice of law notwithstanding te eto has already been pardoned (Cul v. Cul, G.R. No. L-18727, August 31, 1964). What are the guidelines for judicial clemency? The guidelines for judicial clemency are the following: (R-PAPOG) 2 There must be proof of Remorse and Reformation. These shall include but should not be limited to Certifications or testimonials of the officers or-chapters of the IBP, non-reformation, 2 Filiclont ime must have lapsed from the imposition ofthe. penalty té ensure @ Period of reform, & Fg Age ofthe person asking fr clemency must show that he stlnes producti esc wen of hin that can be put to good use by aiving him a chance to redeem himeci There must be 3 showing of Promise (such a8 intellectual aptitude, learning or legal acumen or relovant deat 232! Scholarship and the development of te legal-eystem or admirisneve cog relevant skills), as well as potential for public service. e.There must be Other relevant factors and circumstances that ‘may justify clemency. ‘Moreover, lke any other candidate for admission-to the bar, Ne uct Satisfy the Court that he is Person of Sood moral character (Macarubbo v. Macerubbo, A. C. No. 6148, January 25: 2013), Es Mandatory Continiing Legal Education (CLEYS What constitutes non-compliance with the MCLE? Under ule 12, Section 1 of B.M, No. 850, the folowing constitutes non-compliance withthe MCLECASE-A) Faure to Complete education requirement within the compliance perce, Fallure to provide Attestation of compliance or exemption; Fallure to provide Satisfactory evidence of compliance: Salute to satisfy the Education requirement and furnish the evidence of such compliance within 60 {days from receipt of non-compliance notice: and & Quy ater act omission Analogous to any of the foregoing or intended to elrcumwent or evade ‘compliance with the MCLE requirement. In 2010, Atty. Andal, who Gollege of Law. However, due to his inability to manage the schoal aft unceremoniously replaced by Atty. Baldo the Fishing in Urban College of Law. Five years thereafter Bes on 383 erly been toaching law for two years, was appointed as Dean of Urban ts efficiently, Atty. Andal was following year. Nevertheless, Atty. Andal continucd gaged the services of Atty. Andal in exemption. ‘Atty. Andal is no longer an incumbent dean nor hae he ‘eauirement. Thus, his claim that he is exempt from the MCLE require UY Agapita fled a petition for certiorarl bofore the Court of Appeals, For ie poeta’ Gate of ssi of his MCLE compliance, the sald coun, his petition. ts the dismissal proper? failure to indicate the ina minute resolution, dismissed 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS [24 EC2019 PRE-WEEK NOTES otjhe petition is nat proper. The failure ofa lawyer to indicate in his Pleadings the number S plonetr Fe Coarticate of Compliance wil no longer result in the dea eet of the case ender aeration of the pleadings from the records but would only Subject the lawyer to the prescribed fine pettion weiolinary action. Thus, in the instant case, the court eto eos sven due ‘course to the subject eermant resolves said motion based on the mets This, however, is without prejudice to the fling of an Administrative case against the lawyer (People v. Aroiada, Gre ae 207041, November 9, 2015) Note: The Supreme Court issued an En Bane Resolution, dated January 14, 2014 which amended 8.1, No, 1922 by repeating the phrase *Failure to discase tre Tequired information would cause the dismissal of {he ase and the expunction of the pieadings from the recone oa replacing it with "Failure t6 disclose the ‘wailed information would subject the counsel 1 appropriate penal disciplinary action.” or sdnder the amendatory Resolution, the fallure of a lawyer to indicate in his or her pleadings the , ok tre po her MCLE Certificate of Compliance wil ne longer result ete dismissal of the C886 2nd expunction of the pleadings from the recercs Nonetheless, such failure wil subject the lawyer to ‘he Prescribed fne andor ciscipinary action (People. Arjads ee eenke 207041, November 9, 2015). ees ,————C even ran as a congressman for Aes oct district of Malabon. However, Atty. Dragon reseiveanat administrative complaint for allegedly Or Ange ping with the Mandatory Continuing Legal Education face years already. What are the effects of Atty. Dragon’s non-compliance with the MeLey DieemPer who falls to comply withthe MCLE requlrements‘afla the 60-day petiod following the receipt mame bo Now-Complanos shal pay annGh-oomplancaree create aoe be listed as a delinquent dotnguont reser card of Govemors upon recommendation ofthe Gorn? MCLE. The listing as. MeL ar aber is administrative in nature but shal be made oi eee hearing by the Committee on MCLE (B.M, No, 850, RULE 13; Sec 2) ENGtBHGlpraRtes iy tye 85. May a Municipal Trial Court Judge perform notarial acts? 3 AM Rotarial fees charged be for the account af. the Government land tumed-over to the municipal treasurer, and Certification be made in the notarized documents attesting to the lack of any lawyer or notary public in such municipality or cireut (Lafiena Jr, v. Marcos, A hi Ae 1969-N44, June 29, 1982). 86. Atty. J obtained a not dane atlaben City. One Sunday, while he was at the Caloocan fomchitsP abproached him with an affidavit that neededo ge Notarized. Atty. J immediately pulled out from his pocket his small notarial seal and notaries qos document, a. Was the affidavit validly notarized? b. If your answer is no, Professional Responsi 2 No, the afidavitis not validly notarized. The notarial urisciction of Aty Jf in Malabon while the place Nonearzation of P's affidavits in Caloocan Thus, plying Section 2 Rule IV of the 2004 Rules on Hotaral Practice, the noterization is invalid as Aly. Jehoh ne Perform a notarial act outside his regular lace of work, ©. Yes, Ally. J may be held administratively liable for violating the Code of Professional Responsibility Atty. J, Violated not only his oath to obey the lane, Particularly the Rules on Notarial Practice but ale mranans f and 7 ofthe Coda of Professional Resporatiny afer roscribes all lawyers from engaging oF the ee aehonest, immoral or deceitful conduct and directs hen se Uphold the integrity and dignity of the legal profession, at al times, 87. What constitutes competont evidence of identity? (ore {Sto™wing constitutes competent evidence as provided under AM, No. 02-08-13-SC, RULE Il, Sec. 12. (0K.2) 2 It refers to the identification of an individual 72 | O19 SAN GEDA LAW CENTRALIZED BAR OPERATIONS88. 89. b._ The oath or affirmation of one credible witness not privy to the instrument, document or transaetion who is personally Known to the notary public and who personally knows the individual; or © fhe cath'or affirmation of two (2) credible witnesses neither of whom is privy to the instrument, gocument or transaction who each personally knows the individual and shows to the notary publ documentary identification. in 2003, Alty. Gian’s wife, Janelle filed a case against Monique for reconveyance and annulment of title, Attached to said complaint was an Affidavit of Lost Owner's Duplicate Copy of Title executed in the Year 2002, by Janelle and notarized by Atty. Glan. Monique alleged that Atty. Gian committed misconduct as lawyer and notary public, because he knew that he was not authorized to notarize & Gocument of his wife, oF any of his relative within the fourth civil degree, whether by affinity. of consanguinity. ts Atty. Gian guilty of misconduct for notarizing his wife's affidavit in 2002 Sogument executed by his or her spouse, The affidavit in question is clearly notarized by Aly. Glan duaing £002: which is prior to the effectivity of the 2004 Revised Rules on Notarial Practice, Therefore, there Ie na basis to hold Atty. Glan lable for misconduct (Mabini v. Kintanar, A.C, No. 9512, February 5, 2018, Caveres Case) What are the sources of Ju ial Ethics? | a. Code of Judicial Conduct (1989), : b. The New Gode of Judicial Conduct for the Philippine Judiciary or the Bangalore Draft (A.M. No. 03- 05-01-80) Article Vill, The 1987 Constitution; 5 beset tent Articles 9, 20, 27, 32, 38, 739, 1491, 20052029 to 2035, ahd 2046. Civil Code; Rules 71, 136, 139-8, and 140, Rules of Court; Arlicies 204, 205, 206, and 207, Revised Penal Code; Republic Act No. 3019, as amended; Canons of Judicial Ethies (Administrative Order-No. 162:dated August 1, 1946 of the Department of Justice); Code of Professional Responsibility; Judiciary Act of 1948; Judiciary Reorganization Act of 1960; ‘Supreme Court Decisions; Decisions of Foreign Courts; Opinions of Distinguished Jurists and Authorities in Legal and Judiciat Ethics; Other statutes; and Grrovlars of the SC (ANTIQUIERA, Comments on Legal and Judical Ethie, (2013), pp. 122-129) posgrars What is the Bangalore Draft? sen Bangalore Draft supersedes the Canons of Judicial Ethics and the Code of Judicial Conduct. However, Case 01 Gaficiency or absence of specific provisions in this New Code, the Canons of Judicial Ethice ond the Code of Judicial Conduct are applicable in a suppletory character. 2s stated in the New Code of Judicial Conduct for the Philippine Judiciary ts core principles centor on the universal recognition _That'a competent. independent, and impartial judiciary is essential ifthe courts are to fulfill their ole [in upholding consiitutionalism and the rule of law: Pal bublic confidence inthe judicial system and In th moral authority and integhty ofthe judiciary is ‘of utmost importance in a modern democratic society; and © That itis essential for judges, individually and collectively, to respect and honor judicial office as a Public trust and strive to enhance and maintain confidence in the judicial system 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS [23Be 2019 PRE-WEEK NOTES 94. a are the extraj cicial activities that a judge may engage in as provided in the Gode of Judicial Conduct? i mu 8.01 of the Code of Judicial Conduct provides that a judge may ‘engage in the following activities provided ‘hat they do not inerfere with the performance of judicial duige or Gotoct ent ts dignity of the court: (WEPS) & Witte, lecture, teach, and speak on non-legal subjects: 2 Engage inthe arts, sports, and other special recreational actives; © Barticipate in civic and charitable activities: and & Serve 29 an officer, dtector, rustee, or nnclegal advisor of a nonprofit or ‘non-political, educational religious, charitable, and fraternal, o* civis organization 82 BY mutual agreement of two opposing parties, Justice Eugenio of the Court of Appeals was asked to be the sole arbitrator for Hipetial amount of money for the service to be rendered by Justice Eugenio. However, Justice | reagenlo declined the same. Subsequently, the parties suggested that sees Eugenio should go on {save of absence to enable him to do the job, May Justice Exgerie ‘accept the work offered to him while on leave of absence? 93. Judge Guada's daughter, Alice was scolded and harassed by her teacher, because of a school project. | faving heard of this, Judge Guada went to the principal's ptlice wey formally complained about the incident, and asked that the teacher be sanctioried. After several months, the school decided not to dectcton wreteacher, after finding that itwas Alice, who disrespected tne tear noe Itked by the school's crater and trusting her daughter's claims, she wrote to the Departmen ot Education regarding the Dial ade, Sing the court's official stationery, and signing the letter ne “Judge Guada P. Dela Torre.” Did Judge Guada violate the New Code of Judicial Conduct? cer card’ Guada violated the New Code of Judicial Conduet.'Section 8, Canon 4 Of the New Code of Judicial Conduct for the PI Judicial Conduct. 94. Differentiate gross misconduct from simple misconduct, Inf Office of the Court Administrator V. Viesca, in erder to differentiate gross misconduct from simple must bo manesploments of corruption, clear intent to violate the law, or fagrons disregard of established rule, rust e manifest in the former. Also, stated diferently in Santos v, Resclan the misconduct does not involve icone eresaid qualifying elements, the person charged is only lable fey te on offense of simple conduct (Offee ofthe Court Administrator v, Viesca, G.R. No. 138740, February & 2007). 85. udge Jacobo engaged the services of Vito and asked him to look for a retailer where he could detergent coap cigs discovered that Judge Jacobo loaned money for the aad Of the serergent soap to the employees of Planta City Hall. He also adinittes wo ne would have profited if the Conant acutergent soap were delivered since he actively particiseied i, wee sale. Did Judge Jacobo Commit any violation of the Code of Judicial Conduct with regard the sale ef tea coor wes. Judge Jacobo committed a violation of the Code of Judicial Conduct with regard the sale of the: She at S08, Under Cann 5, Rute 6.02 ofthe Code of Juticial Conduct judge should refrain from financial Povtomaness dealings that tend to adversely affect the court's inparicie ong Interfere with the proper "ye"S Of persons likely to come before the judicial duties by other lawful enterprises. 1 sale of the boxes of detergent soap, in which, he would 24 | 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONSLEGAL AND 96, 97. 99, LAND JUDICIAL ETHICS & Taye, Profit from employees of the Planta City Hall. Therefore, for his participation in the salo, he is guilty of Ceiating the Code of Judicial Conduct (Mendoza v. Judge Diase, Jr, A.M. No. MTJ-17-1900, August 9, 2617, Covered Case) ositive testimony of the witness and the evidence consisting of CCTV video footages of the incident. Judge Favaya ales appreciated in favor of the accused the ordinary mitigating circumstance of voluntary surrender without any factual or legal basis. Interestingly, it was also found that a number of cases were Med against the judge for gross ignorance of the law or procedure. a. Is Judge Favaya guilty of gross ignorance of the law? b. Is Judge Favaya guilty of gross misconduct? 8. Yes, Judge Favaya is guilty of gross ignorance of the law, Where the law is straightforward and the facts so evident, failure to know It or to act as if one does not know it constitutes gross ignorance of the law. Here, Judge Favaya failed to render the proper decision, despite the clear facts that showe the accused is guilly of murder. He also misapplied the provisions of the law, when he appreciated the {rdinary mitigating clreumstance of voluntary surrender in favor of the accused. Therefore, Judge Favaya's acts constitute gross ignorance of the law (OCA v. Judge Dumayas, A.M. No. RT.!-18-2435, March 6, 2018, Covered Case). 5 b. Yes, Judge Favaya is gully of ross misconduct, To hold a judge administratively lable for gross misconduct, ignorance ofthe law or ncaripetence of offical acs in the exercise of ude! onions and duties, it must bo shown that his acts Were commited with fraud, dishonesty, Comructon. mares or iwi bad faith, or deliberate intent to da aninjllice. Here, Judge Favaya repeatedly dersperdes the law and the proper procedure, end evén rendered tnjust judgments repeatedly. Ths shone tt there was a deliberate intent to do injustce,/Therefore, he i @uity of gross misconduct (OCA v, Judge Dumayas, A.M. No, RTJ-16-2435, March 6, 2018, Covered Case), Judge Grosero was courting Marimar, a court employee. He’ motorcycle fo go around town, professing hi cessantly asks Marimar to accompany him on fove and showering her with gifts. At one time, Judge Grosero drew a vagina and a penis on a plecé'6f paper anid tried to show It to Marimar, Dut ego, a clerk of court grabbed the drawing, tore the same, and told Judge Grosero to respect Marimar, Subsequently, Marimar charged Judge Grosero with sexual harassment. Is Judge Grosero guilty of work-related sexual harassment? § = ‘Yes. Judge Grosero is guilty of work-related harassment. In Jddlge Arabani, Jr. v. Arabanl, twas held that the use of objects, pictures or graphics, letters or written notes with sexual underpinnings, which results in an intimidating, hostile er offensive environment for the employee is considered work-related sexual harassment. ttompt of showing Marimar his drawing of a penis and a vagina was enough to create an intimicating, hostile or offensive environment for Marimar such that this interaction with Judge Grosero is unwelcome on her part. Therefore, itis clear that Judge Grosero is guilty of work-related sexual harassment (Judge Arabani, Jr. v. Arabani, A.M. No, SCC-1-14-P, February 21, 2017, Perlas-Bernabe, J), When can a judge be guilty of gross ignorance of the law? Gross ignorance ofthe law is the disregard of basie rules and settled jurisprudence. However, not every {ror of mistake of a judge in the performance of is official duties renders him liable. For liability 1 attach for ‘gnorance of the law, the assailed order, decision or actuation of the judge in the performanoe of offical dutice Tain je only be found erroneous but, most importantly, it must also be established that he was moved by bad Gin, clehenesty. hatred, o some other ike motive. As a matter of policy, in the absence of fraud, dishonesty Sc. comuption the acts of @ Judge in his judicial capacity are not subject to disciplinary action even though suck acts are erroneous (Causing v. Judge Dela Rosa, OCA IPI No. 17-4663-RTJ, March 7, 2018, Covered Case). pedge Montalto was Involved in a highly-publicized quo warranto case against him. During the Fondency of the case and even after its conclusion, Judge Montafio opted to defend himsett in raublic Toraugh Speaking engagements before students and faculties of diferent universities, several public forums, interviews on radio and TV, and public rallies. In his speeches, he discussed the mente ot re Be old sande comments regarding the impartiality of the Members of the Court. May Judge Montano be hold administratively llable for his actions and public'statements as regards the quo warrants taco against him during its pendency? Yes, Judge Montafo may be held administratively able for his actions and public statements. The sub ‘ale. gue restricts comments and disciosures pertaining to pencing judicial proceedings to avoid prejudging {he Issue, influencing the court, or obstructing the administration of ustice. The restriction applies 10 niga te 2019 SAN BEDA LAW CENTRALIZED BAR OF TIONS 12552019 PRE-WEEK NOTES 540 EDA cout OF aw CENTRALIZED Rte CPeRATONS 2019 tilerances of hae Win genera, and most especially to members ofthe Bar and the Bench. The public oferances of Judge Montaro during the pendency of the case, which dscucsed the morte or he ose and the dignity aca nayMembers of he Court wore shown to be an attempt to inftuence the publ sede een imposing erty f the Cour. Such is a violation of the sub jude rule, and thersione, weer a [boston of administratively iabiity against Judge Mlontafio (Re: Show Cause Order in the Decision Dated May 14, 2018 in G.R. No, 237428, A.M, No, 18-08-01-SC, July 17, 2098). 100. Atty. Mabini, as private prosecutor in a criminal case presided by Judge ‘Aguinaldo, presented the Renate complainant with his Judicial affidavit, and began to state the purpose oP eee teat meny Dursuant to the Judicial Affidavit Rule (JAR). However, Judge Aguiroie told Aity. Mabini rere was “no need for that.” During the cross-examination. Atty. Mabing aehed thet ne we allowed Sretite the Purpose of his witness’ testimony. Judge Aguinaldo asked Atty. Mabini ihe mens the sre cr Statement of the purpose of the witness’ testimony in the Judicial Affidaone Atty. Mabini that he shoud eewedetive, and Judge Aguinaldo ordered the termination of the proceedinos ane et Frais ghould have included the offer of the purpose of the witness’ tastimony in the oan, Affidavit, Judge Aguinaldo also ordered Atty. Mabini to pay a fine. Atty. Mat raat on the ground that the JAR neither requires the inclusion of the offer of tha Purpose of the Aaumatatestimony in the judicial affidavit nor does it impose a fine for fallure to the fener ne Judge Aguinaldo’s order proper? Ne ude Aguinaldo's order is not prop. In Mirarida v"Judlge Oca, which bears the same circumstances, tras neta that Judge had no authorty to impose a fine for fale to include the offer or re Purpose of the witness’ testimony. In arbitrarily prohibiting, 101 Judge X was charged with gross neglect and undue delay in rendering decisions. He contended that Tig ailure to meet the standards required was merely borne out of the betrayal et hic good faith by his {Erk of court, who instead of fulfiling the duties assigned by him; focuses on ‘managing her online Store. Can Judge X's claim of good faith excuse him from liability? No, itae X cannot be excused from lability. In OCA v. Retired Judge Chavez, it was held thet judges the level ors oaJlly Cognizant ofthe stale oftheir dockets, likewise, they must alee Keep a wescnen eye on mre level of performance and conduct of the court personnel under thelr immediate supervision who are Sipenion se oved to ald in the administration of justice. The lonioncy of a judge inthe cringe Wie ame nis employees fs an undesirable trait. Judge X faled to be watchful of he cork oho action, Which resulted to the undue delay of rendering decisions, Hi acts that resulted to gross negi Chavez, A.M. No, RTJ-10-2219 102, Ee voluntary That edges esr is Sonclusively presumedinhiton, judges are given te mrcuehes Se, Instances pean actvely and imparay sit inte|rescue themselves fom hearing cece er eee eee Vonusio Be nee, gVertied Complaint ofthan those petalning to re pecuriny Stee wea ae Septonoee 1 omy its Pl No. 17-249-CA-d [previous connection or proviees ena easel ‘in September 15, 2017, Covered Case) ‘Re: Verified Complaint of Vanusto D. Hamoy, Jr, IeI No |17-249-Ca-J, September 15, 2017, Covered Case) ne iH PO ae WAS Unite tounde ae aaa ee Seta se Rules of Court as wel as Canon 3|The. Rules do not expresnly crumern ae specific provides tothe yew Code of Judlelal Conduct grounds for Inibiton But nore mes teas basis| Frowidet forthe grounds under whieh any judge Isltherect, Le. good, sound seenee? ‘grounds. [disqualified from acting as such, _5 TAs toithe judge's discretion 5 Rule 197 of the Rules of Court does not give the|Rule 137 leaves the Uuicial officer any discretion to ty or sit in a case. [discretion of the judee wn eae ‘matter of inhibition to the sound| 26 | 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS_ ___TEGAL AND JUDICIALETHICS z judges: (PREP) e Yrnan the jude, or his wite or child, Is Pecuniary interested as heir, egatee, creditor ot otherwise; b. When ihe judge is Related to either party within the sixth degroe ‘of consanguinity or affinity, or to Wines the eee uth degree, computed according tothe rules ofthe cv law: S quran the judge has been Executor, administrator guardian, tustee or eownect or & Wufen the judge has Bresided in any inferior court when his ruling or decison te doo Subject of review, ‘without the writen consent of all patos in interes, signed by them and entered ison fae oe 104 ‘What are the grounds for compulsory disqualification under the New Gode of Judicial Conduct? Sequalincan ey ote New Code of Juacial Conduct provides fr the fallowing grounds for compulsory isqualiication of judges: (APE-TAGLE-RRF) = ae Uegs, fits Actual bias or prejudice conceming a party or personal knowodge of disputed evidentiary facts concerning the proceedings, 2 The kidge Breviously served as a lawyer or was a material witness inthe mater in the controversy © yausege,or # member of his or her family, has an Economic nterestin the oacoree ere ein controversy; & Tre luge Served as Trustee, Adminstrator, Guardian, Lawyer or Executor inthe case or matter in or ayer eo former associate of tho judge served as counsel during thelr ascocialnns ies judge of lawyer was a material witness thorein: f The udge's ruling in a lower court isthe subject of Review; oe hee fs Related by consanguinity or affiily to a pary tigant within the sith cil degree, or to Sounsel within the fourth civil degree: oF S Podagectat ns ot her spouse or child has‘ Bibencal rest, as her, legatee, creditor, fiduciary at could a Sublet matter in cortraveray orn a ary tothe proceeding, of en ae ‘hat could be substantially affected by the Gutcome of tho proceedings 105. Belore becoming a part ofthe judiclary, Judge Tony was appointed to be the guai petition Tor thee cony acted as such for at least a year. When Peter ale Betition for the probate of his will. The case was raffled to the sola of Judge Tony. Peter's aunt sought ghge Tony's disqualification on the ground that the latter nae Préviously acted as Peter’ Should Judge Tony be disqualified from presiding the ease? er eludge Tony should be disqualified from presiding the case, Canon 3, Section § of the New Code of udicial Conduct provides, among others, that a judge's deaualiis fice sitting and hearing a case, when he irustee, administrator, uardian, lawyer Or executor inthe case or resnee t ‘controversy. The case Betore Judge Tony is a probate case ofthe estate of his former ward Secs, Therefore, having acted previously a8 Peter's guardian, he is disqualified from presiding the case 106. Judge Lea Samson was one ofthe attendees of a charity concert for Typhoon Peping survivors. While Tei maatt was ongoing, she witnessed that a drunk Juan stabhea anne the bouncers, who refused oeied 2 enter the event. A criminal case was filed against Juss bossa one the incident, raffled to the sala of Judge Lea. Should Judge Lea preside over tne eeces “ nat a ysytdae, bea should not preside over the éase. Rule 3.12 (a) ofthe Code of sJudictal Conduct provides thal a Judge should not take part in any proceeding where the jlidge has personal knowledge of disputed Semenlaty facts concerning the seme. Judge Lea being a witnese fine ‘crime has personal knowledge of puted evidentiary facts concerning the criminal case. Theletone aie disqualified from siting in judgment ‘over and trying the case, 107, proceedings. 108. Camilla filed a case before the Regional Trial Court against ‘Armando, claiming ownership over a land qeuonteegfer Ceceased father. The case was raffied to the als of Judge Renato, Camilla is the Tpvghter of Judge Renato's present wife, who married Judge Rosas after the death of Camilla's father. Upon knowing this, Armando sought the disqualification oe Judge Renato from the case. Is Armando correct in seeking Judge Renato's disqualification? . 2018 SAN BEDA LAW CENTRALIZED BAR OPERATIONS [27ee 2019 PRE-WEEK NOTES 109, 110, 111 112, 113, "A EDA COUEEE OF LAW CENTRALIZED BAR OPERANOHS 2019 ‘Yes, Armando is correct in seeking Judge Renato's disqualification. Section-1, Rule 137 of the Rules of Court, provides, among others, that a judge is disqualified from a case when the judge Is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law. Judge Renato being the stepfather of Camilla, is related to her by affinity by one degree. Therefore, he is disqualified from sitting as judge t6 the said case, Judge Mahistrado was the former lawyer of Greta in a civil case, in which he withdrew from hecause of his inability to work with his co-counsel. A criminal case in which Greta was involved in, was raffied to Judge Mahistrado’s sala. Greta sought his disqualification from the case, but he refused on the ground that he did not finish working on Greta’s case. Was the refusal of Judge Mahistrade proper? No, Judge Mahistrado's refusal was not proper. One of the grounds for disqualification provided for in Canon 3, Section 5 of the New Code of Judicial Conduct is when the judge previously served as a lawyer or was @ material witness in the matter in the controversy. Despite withdrawing from the civil case, Judge Mahistrado is stil considered as a lawyer who previously served Greta. Therefore, he should be disqualified from sitting in judgment over and trying the case. A case involving the issue of the clustering of nominees by the Judicial and Bar Council (JBC) was raffled to Judge Dyocha Dela Cruz's sala. She decided that the clustering of the nominees by the JBC. was unconstitutional. The JBC moved for reconsideration and sought the inhibition of Judge Dela Cruz {as ponente on the ground that she acted as consultant°of the JBC from 2014 to 2016 and had personal knowledge of the voting procedufés and format of the short lists, which are the subject matters of the case. Should Judge M have inhibited herself from the case? No, Judge Dela Cruz should nof inhibit herself fram.the case, In. Hoh Aguinaldo v. Aquino il, which bears the same circumstances, itwas held that while the judge indeed received monthly allowance from the JBC for the period she served a consultant, her objectivity would have beer mére Questionable and more of & ground for her inhibition if she had received the allowance and decided the instant-ease in favor of the JBC. Judge Dyocha only had the opportunity to, express, her, opinion. on the issue. of the clustering of nominees for simultaneous and closely successive vacancies in collegiate courts in het ponenela of the case: Therefore, her inhibition Is not warranted (Hon. Aguinaldo v. “Aquino Ill, G.R. No. 224303 (Resolution), August 8, 2017, Covered Case), ! The qualified theft case Double’ filed against his employee was raffled to Judge Apto! Double U accused Judge Apto of evident partiality when-he failed to inhibit himself from further handling the case in view of his bias towards Double U's former employee. Judge Apto denied the allegations: and claimed that such are malicious and unfounded, for he has on the case. He also pointed out that Double U did not present any evidence to support their allegations. Did Judge Apto's act of failing to inhibit constitute evident partiality? No, Judge Apto's act of failing to inhibit did not constitute evident partiality. In Extra Excel Intemational Philippines, ine. v. Hon, Cajigal, the issue of voluntary inhibition is primarily a matter of conscience and sound Uiscretion on the part of the judge. The charge of evident partially cannot stand in the absence of substantial evidence to suppor the same. In administrative proceedings, the complainant has the burden of proving by substantial evidence the allegations in his complaint. In the absence of evidence to the contrary, the resumption is that the judge has regularly performed his duties will prevail. Here, Double U failed to provide Supstantial evidence to support their allegations against Judge Apto, Therefore, Judge Acto's refusal to inhibit 's proper (Extra Excel Intemational Philippines, Inc. v. Hon. Cajigal, AM. No. RTJ-18-2523; June 6, 2018, Covered Case). Julia filed a case with the Regional Trial Court, and it was raffled to the sala of Judge Julio, who is the former's longtime friend. Bea, upon learning of Judge Julio and Julia's friendship, sought the inhibition of Judge Julio. Judge Julio refused to inhibit from the case. 's Judge Julio's refusal to inhibit proper? Yes, Judge Julio's refusal to inhibit is Proper. In Santos v. Lacurom, close personal fiondship is not a “ground for inhibition, as long as that friendh ly relation with a party-iigant does not influence his official conduct as a judge. There must be convincing proof that the judge gave undue privileges in his court to his close frien OF that his close friend benefited from his personal relations with the Judge, or the judge used his influence, any, to favor his close friend, ithas not been shown that Judge Julio was influenced by Julia, of that he is giving undue privileges to his friend. It was only established that they are longtime friends. Therefore, there is no convincing proof that Judge Julio gave undue privileges to Julia, which will warrant his inhibition from the case (Santos v. Lacurom, AM. No. RTJ-04-1823, August 28, 2006). Judge Jueza who is hearing the criminal case of Boy Ladron, previously acted as the latter's counsel de officio during the accused's arraignment. As counsel de officio he only informed Boy Ladron of the Consequences of his plea. Is she disqualified from hearing and deciding the case? 28 | 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONSLEGALANDIUDICIALETHICS ge ‘Supreme Court held that judge's degree of participation in the discharge of such past functions must be taken ‘114. What is the procedure followed for the disqualification of judges? siule 137, Section 2 of the Rules of Court provides for the following procedure for the disqualification of Judges: (FTD-NoApp) 8 Eile with the official his written objections, stating the grounds therefore: »- The official shall thereupon proceed with the Trial, or withdraw therefiom, in acccidenee with his determination of tie question of his disqualificaiion; & NoRsgSion shall be forthwith made in wrting and filed withthe other papers inthe case: and 4. No Appeal or stay shail be allowed from, or by reason of, his decision in favor of his own competency, y Until after final judgment in the case, JG Aaraipiseeatve Suri 118, Atty. Analiza discovered that her husband was having an affair with Judge Carmela. Subsequently, the Having heard of tis, Ay. Analzapetlonadsthe JB to remove hetse oeeee Aber lusts pottieees and to impose disciplinary actions against Judge Carmela. Can ine Jae grant Atty. Analiza’s Petition and impose disciplinary actions against Judge Carmela? or ne AES Garnet poe digBinary actiond against Judge Gmela, Pursuant to Arex, Seton 8 oF rane, Constitution, the Judicel and Bar Couinel shal have the | ‘Supreme Court. Therefore, 417. benefits. In his comment, Judge Malvado contended fi Supreme Court cannot suspend him, May the Supreme Court reventively Until a final decision is reached? 1 ee pan, Subreme Court may preventvely suspend Judge Malvad unt a final decision fe reached. tn OCA ¥. Ruiz, the Supreme Court preventively 2'Y8 power inherent in the Courts power of administrative supervision sues at 2 big amount crocmahampered formal investigation. Here, Judge Malvade is inolved rt malversation of Do unt of public funds, whichis considered as a serious charge, Thesetay we Supreme Court has the Power 10 preventvely suspend him (OCA v, Judge Ruiz, AM. No. RTJ-1996), February 2, 2076). ‘courts and their personnal as Gan the IBP exercise jurisdiction over complaints against erring judges and Justices? ‘Yes. In such case, the IBP is required to forward to the Court for ‘appropriate disposition, all complaints for Seearment and discipline fied with the IBP against all justices and foosen sitting or retired, for acts andlor Feroramm, AO. Nee Peer g tei enue inthe juciciay (Intemational Miia of Pecolo senirck Comuption and Terrorism, A.C. No. 7797, January 23, 2007). 2018 SAN BEDA LAW CENTRALIZED BAR OPERATIONS 1282019 PRE-WEEK NOTES 118, 119, 120. Ee ene eee Draft a Demand letter. [Demand Letter to Pay and to Vacate [November 19, 2019 IMS. VEA ALONSO #23, 2nd Street, San Miguel, Manila Dear Ms. Alonso, | am writing to you on behalf of my client, Katring Bernardont, as it has been 30 days since you received her} third letter dated September 20, 2019, and stil, you have falled to pay and stil refuses to pay your monthly rentals which have now amounted to ONE HUNDRED THOUSAND PESOS (100,000), [Please be reminded that my client sent you several demand letters for you to pay your back rentals and vacatel the premises but the samo have been left unanswered. Consider this as her last and final demand for you tol IPAY your account within five (5) days from.recefpt-and to. VACATE the premises within fifteen (15) days| [rom receipt ofthis notice. Otherwise, we shall be constrained to commence sult to protect my client's interest Truly yours, (Sad, Atty. John Lloyd deta Cruz” * Include in the body:the number of days the obligorresbondent has to comply with the demand. For example, “Please be reminded that | have sent you this ‘demand letter to pay within five (5) days from receipt ofthis letter" * The demand leer must be complete infor and sutslanice. However, remember NOT to put your ‘eal name inthe lotter asthe signee, because you may be penalized fof marking your bookie + There should be the date, name of addressee, and the addressée's address, Draft an Authorization letter. [November 19, 2019 “e 7 |ATTY. RAFFY TOLFU * 7 Regional Tal Court Branch 45, Ciy of Manila |Subject: AUTHORIZATION [gris is to authorize the bearer. Mis. Amy K. Tyang, of the Soho and Sanchez Law Offices and whose| Sigrguure appears below to secure fr and on my behalf, certified true copies of the Decision dated February] 14% 2017 in Cit Case No. -£9-123456, For Issuance of a Permanent Protection Order (PPO), Ent eeseichie Burrito: Petitioner versus Majoyrio Burito-Echosverr ~ Respondent,” Regional Trial Court (RTC), lBranch 45, city of Manila, Respectully submitted, (Sgd.) GRETCHIE BURRITO Petitioner in the Case |'Sga.) AMY K. TYANG \Authorized Representative Draft a Contract of Sale of Real Property I : CONTRACT OF SALE OF REAL PROPERTY | |KNOW ALL MEN 8Y THESE PRESENTS: { |. John Lloyd deta Cruz, of legal age, Filipino, sin } igle, with residence at #123, 1st. Street, San Miguel, {the _sum of One Miliion Pesos (P1,000,000.00), do hereby SELL, 30 | 2019 SAN BEDA LAW CENTRALZED BAR OPERATIONSLEGAL AND JUDICIAL ETHICS 7 | (Sad) Angelica Pangitinan (Sad) Shaina Magmayao | Witness Witness ACKNOWLEDGMENT Republic ofthe Philippines ) ‘ee | [city oF Marita )8s. cape lof which t am the absolute owner, free from all liens and encumbrances. \dela Cruz, known to me to be the same person who ome that the same is a full expression of his desire to sell the property described ahows {cone Ellena Darna. Tho same John Loyd dela Cruz embed to mahid Passport seueo te ne oe lof Foreign Affairs on June 18, 2018. yt (date and place. Doc. No. 82; Page No. 58: IBook No._ IV: + {Series of 2019, (TRANSFER, and CONVEY unto Ellona Darna covtain parcel of land located at Barangay 458, ‘Sampalog] Manila, more particularly described as follows. 1 TCT No. 123456 ‘A parcel of land (Lot 3, Block 1 of the subdivision plan, containing an area of FOUR HUNDRED AND THREE (403)) square meters, more or less. (Sgd.) John Lloyd deta Cruz ‘Seller Signed in the presence of Sie, a BEFORE ME, this 19th day of Novertiber, 2019 in the CiyStin lla, personally appeared John Lloyd recuted the foregoing instrument, and he acknowledged| for such consideration Ty AARNESS HEREOF, | hava hereunto set my:hand and affixed rty notarial seal in the abovementioned (Sad). ATTY. NOTARIANA GRANDE Notary Public for Marla Appointment NO=123, Until December 31,2018" Roll No. 12346; 4/20/06 JBP No, 13425ian. 1, 2015/City of Manila PTR No. 21314/Jan 1, 2015/Cif of Manila MCLE No. !- 001234; 01/09/2019 MCLE No, I 008678; 07/0972019 121. Draft a Contract of Sale of Personal Property. CONTRACT OF SALE OF PERSONAL PROPERTY KNOW ALL MEN BY THESE PRESENTS: tat ean gb dala Cruz, of egal age, single, Filpino, and with residence and postal address at #123, (Paco.oog) San, Miguel Manila, for and in consideration of the eum of Four Hundred Theuseca feet sree ody cereit of which is hereby acknowledged, have TRANSFERRED AND CONVEvEE te way of absolute sale unto Vea Alonso a certain motor vehicle described! os ‘A 2007 Honda Civic, with Plate Number “THAS 264”, Motor No. "123456", Serialichassis Number “12245692 of which 1am the absolute owner, free from all liens and encumbtances, (8941) John Loyd deta Cruz | ‘Seller - i 2018 SAN BEDA LAW CENTRALIZED BAR OPERATIONS 134122. | 32/2019 Draft a Contract of Lease. 2019 PRE-WEEK NOTES Signed in the presence ot = (s9¢.) Angelica Pangilinan ~ (Sg.) Shaina Magmayao Witness Witness ACKNOWLEDGMENT Republic of the Philippines ) City of Manila) 8.5. BEFORE ME, this 18th day of November, 2019 in the City of Manila, personally appeared John Lloyd dela Cruz, known to me to be the same person who executed the foregoing instrument, and he acknowiedged to me thatthe same is @ full expression of his desire to sell he property described above for ‘such consideration to one Vea Alonso. The same John Lloyd dela Cruz exhibited to me his Passport issued by the Department of Foreign Affairs on June 18, 2018, IN WITNESS HEREOF, | have hereunto.set my hand and affixed my notarial seal in the ‘abovementioned date and place. 7 oe (89d. ATTY. NOTARIANA;GRANDE Y /Notafy PUBIE Tor Manila”, polntment No. 123." 4s", it December'31;-2019" a wnt . <{ RollNo. 12348; 4720006. #IBP No. 13425/Jah'4, 2018/City of Maile PTR No. 21914{lan 1, 2015/Giy of Marla: 5°) | "MCLE No! 001234:01709/2019 MCLE No. It 005676; 01/09/2019 Doc. No. 82; Page No. 58; Book No. IV: /} Series of 2018, REPUBLIC OF THE PHILIPPINES) CITY OF MANILA, js8v CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: {This CONTRACT OF LEASE is made and executed at the City of Manila, this 19th day of November, 2019, by and between: John Lloyd Dela Cruz, of legal age, married, Filipino, and with residence and postal address at #123, 1st Street, San Miguel, Manila, hereinafter referred to as tho LESSOR, -and- Ellena Darna, of legal age, married, Filipino, ‘and with residence and postal address at #456, 2nd Street, San Miguel, Manila hereinafter referred to as the LESSEE, WITNESSETH: | WHEREAS, the LESSOR is the registered and absolute owner of a residential property located ‘at Manila, Philippines, with TCT No, 43562 of the Registry of Deeds of the City of Manila, WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is | wiling to lease the same; BEDA LAW CENTRALIZED BAR OPERATIONSLEGAL AND JUDICIAL ETHICS é NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leasee ethe Toles SEE and the LESSEE hereby accepts from the LESSOR the LEASED promises, subject to the following conditions: 1. That the term of this tease shall be for a period of 5 years, starting from December 1, 2019 and ending on December 1, 2024; and 2. That the monthly rental on the leased premises shall be Ten Thousand PESOS (10,000), Philippine Currency, to be paid by the LESSEE on or before the fith (Sth) day of each and every month IN WITNESS WHEREOF, the parties hat Wve hereunto affixed thelr signatures this,19th day of November, 2019 at the City of Manila, Philippi (Sgd.) John Lloyd dela Cruz {Sqd.) Ellena Darna Lessor Lessee Signed in the presence of: (Sad,) Angelica Pangllingn (Sge.) Shaina Magmayso Wines Witness JOINT ACKNGILEDEMENT, Republic of the Philippines) é enw ms City of Manila )S.S: BEFORE ME. this 19th day of November, 2019 in the City of Manila, personally appeared John Lloyd dela Cruz, and Ellena Darna know to me to be'the same porsonis who executed the foregoing instrument, and they acknowledged to qe that the same Is a full expression of their decir te tease the property described above for such consideration, and.in aucthterms and conditions state above. The same John Lloyd dela Cruz exhibited, to me his Passport Iecues by the Department at Foreign Affairs on June 18,2048, The same Ellena Daria exhibited io me her Passport sued oy the Department of Foreign Affairs on March 20, 2048. | IN WITNESS HEREQF, | have hereunto set “my'handand affixed my notarial seal in the | ‘abovementioned date and place. (Sgd).ATTY. NOTARIANA GRANDE Notary Public for Manila | Appointment No. 123, Until December 31, 2019 Roll No. 12345; 4/20/08 IBP No. 13426/Jan. 1, 2016/City of Manita : PTR No. 21314/Jan 1, 2018/City of Manila MCLE No, | - 001234; 01/09/2019 MCLE No. Ii - 005678; 01/09/2019 Doc. No. 82; ; Page No. 58; Book No. IV: Series of 2019. Note: Keep in mind the contractual provisions in case of sublease. Rememiber to indicate the conditions for the lease, in conformity with the provisions of the Civil Code. Keep in mind Art. 1191 of the Civil Code (Le, in case of default, if necessary. If required, take note of the judicial reliefs available to the parties, Remember the cases when Marital consent is required, ‘Acknowledgment is required, NOT a jurat, 2018 SAN BEDA LAW CENTRALIZED BAR OPERATIONS 133i, __ 2019 PRE-WEEK NOTES | GENERAL POWER OF ATTORNEY EA KNOW ALL MEN BY THESE PRESENTS: | |, John Lloyd deta Cruz of legal age, married, and a resident of #123, 4st Street, San Miguel, Manila, | | do hereby appoint Ellena Darna, to be my true and lawful attomey, for me and in my name, place, and stead, to do and perform the following aets and things to wit ‘To have all the necessary powers for the recovery of my property by suit, attachment, | compromise or otherwise. HEREBY GIVING AND GRANTING unto my said attomay full power and authority necessary or proper | to be done for all intents and purposes as | might and could lawfully do if personally present, and hereby ratifying all that my said attomey shall lawfully do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, | have hereunto set my hand this 19th day of November, 2019 in Manila, Philippines. (Sa¢.) John Lioyd'dela Cruz” “(Sgdi),Etlena Darna Principal 5; oo itoiney infact Signéd in the presence of \ (Sgd,) Angelica Pangilinan (S90) Shaina Magmayao Witness: ‘Wines: : ACKNOWLEDGMENT : Republic of the Philippines © ) City of Marita )ss. BEFORE ME, this 19th day of Novémier, 2019 in the City’@f Manila, personally appeared John Lloyd dela Cruz, known to me to be the same person who executed the’foragoing instrument, and he | acknowledged to me that the samo is @ full expression of his desire-to confer the necessary powers unto Ellena Darna, and that he is capacitated to sign and grant the same, The same John Lloyd dela Cruz exhibited | tome his Passport issued by the Department of Foreign Affairs on June 16, 2018. IN WITNESS HEREOF, | have ‘hereunto-set ‘tiy’ hand and affixed my notarial seal in the ‘sbovementioned date and place, (Sgd). ATTY. NOTARIANA GRANDE Notary Public for Manila ‘Appointment No, 123 Untii December 31, 2019 Roll No. 12345; 4/20/08, IBP No. 13425\Jan. 1, 2015/City of Manila PTR No. 21314/Jan 1, 2045/City of Manila MCLE No. | 001234; 01/09/2019 MCLE No. il - 005678; 01/09/2019 Doc. No, 82: Page No. 58: Book No. IV; Series of 2018, 34 | 2019 SAN BEDA LAW CENTRALIZED 848 OPERATIONSLEGAL AND JUDICIAL ETHICS 124, Draft a Special Power of Attorney, ‘SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ‘Elona Dat cela Cruz, oftegal ago, single, resident of #123, tst St, San Miguel, Manila, do hereby rach aac Carma. of egal age, singe, resident of #466, 2nd St, San Miguel, Mavi ee my true and conslaerat opithin a period of one (4) year, to sell tho real property desertnea bores onsideration of one million pesos (P1,000,000.00), to wit UNDE land (Lot, Block 1 of the subdivision plan, containing an area of FOUR Manin > AND THREE (403) square meters, more orlss, located at 456, Sampalon Manila, oT which lam the registered owner as evidenced by TCT No. 123456 of the Register of Deeds of Manila; and ne oF SI RING AND GRANTING unto my sad attomey fll power and authority necessary or proper | ‘ety ae fo 2 intonts and purposes as | might and could lawtuly do if personally oceans hereby | ‘ating al that my said attomey shall lavtly do or eause tobe dane under ooo crane Presents, IN WITNESS WHEREOF, | have hereunto sefimy hand this 19th day of| November, 2019 in Manila, Philippines. 4 nae (Sad) John Lioyd dela Cruz! Principal 12 Signed in the presenca of (S9¢.) Angelica Pangitinan (Sgd.) Shaina Magmayao Witness ? Witness ACKNOWLEDGMENT Republic of tho Philippines) City of Manila }ss. tr, Joon this 19th day of Apr, 2019 inthe City of Manila, personally appeared John Lloyd dela Cruz, known to me to be the s A rentonen ass HEREOF, | havo hereunto set my hand and axed my notarial seal in the ‘abovementioned date and place. (Sad). ATTY. NOTARIANA GRANDE Notary Public for Manila Appointment No, 123 Untii December 31, 2019 Roll No. 12345; 4/20/06, IBP No. 13426/Jan. 1, 2015/City of Manila PTR No. 21314iJan 1, 2016iCiy of Manila MCLE No. |- 001234; 01/08/2018 MCLE No. Ii - 005678: 01/09/2018 Doo. No, 82: Page No. 58: Book No, IV: Series of 2019, Note: © eee! Power of Attorney, always provide the purpose forthe same (e.g, to sella parcel of land). * Remember to apply the rules in Agency under the Civil Code 201s SAN DA LAW CENTRALIZEO'BAR OPERATIONS 195125, 126, 2019 PRE-WEEK NOTES Sk BED COULEGE OF LAW CENTRALIZED BAR OPERANONS 2019 Draft a Revocation of a Power of Attorney REVOCATION OF SPECIAL. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 5, JOHN LLOYD DELA GRUZ, single, of legal age, and rosidént of #123, 1st Street, San Miguel, Manila, hereby REVOKE, ANNUL and VOID the said power of attorney and all powers and authority therein oF thereby given or granted to ELLEN DARNA, previously designated as ATTORNEY-IN-FACT by a certain public instrument made and executed in the City of Manila’ on November 19, 2049 before Notary Public Atty. Notariana Grande of Manila and registered as Document No. 82; Page No. 48, Bok No. 4; Series of 2018, JOHN LLOYD DELA CRUZ Principal ‘Signed inthe piedgnes of, (Si) Ages Panainatt~~-- (Syd) Shale MSbmayan Witness \. Withess’s ACKNOWLEDGMENT. 4 . Republic of the Philippines.) City of Manila jss. BEFORE ME this 19th day of December, 2019 in the City of Manila; personally appeared John Lloyd deta Cruz, known to me to be thé’ same person’ who executed the foregoing instrument, and he ‘acknowledged to me that the same Is @ full expression of his desire to revoke the powers previously granted unto Ellena Darna, and that he is capacitated.to sign end grant the same. The same John Lloyd dela Cruz exhibited to me his Passport issued by the Department of Foraign Affairs on June 18, 2018. IN WITNESS HEREOF, | have, héieunto-set’my hand and” affixed my notarial seal in the abovementioned date and place,’ (Sg¢). ATTY:NOTARIANA GRANDE Notary Public for Manila Appointment No. 123 Unt December 31, 2019 G Roll No. 12345; 4/20/08, IBP No. 13425/Jan. 1, 2015/City of Manila PTR No. 21314iJan 1, 2015/City of Manila MCLE No. | - 001234; 01/09/2019 MCLE No. Il - 005678; 01/09/2019 Doe. No, 82; Page No. 58: - Book No. WV: Series of 2018, Draft a Verification and Certificate of Non-forum Shopping. VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING REPUBLIC OF THE PHILIPPINES.) CITY OF MANILA, )ss. 1._lam the piaintifin the above-entitied case; 36 | 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONSLEGAL AND JUDICIAL ETHICS & 2. The facts stated in the above complaint are true and correct to the best of my knowledge and authentic records: 3, Ihave not commenced any action oF flegkany claim involving the same issues in any court, tribunal, F quasijudicial agency, and to the best’of my knowledge, no such other action or claim is pending in thery; ang 4. If should tear that the same or similar action or claim has been filed oris pending afer Its fling, | Shall report that fact within five (6) days to the court or where the complaint or initiatory pleading has been fled. November 19, 2013, City of Manila, (Sgd,) John Lloyd dela Cruz Afant SURAT ‘SUBSCRIBED and sworn to before me, this 19th day of November, 2018, in the City of Manila by John Lloyd dela Cruz with Passport No. EB12348, issued on June 18, 2018 at DFA San Fernando, Pampanga, (800). ATTY: NOTARIANA GRANDE Notary Publi for Manila Appointment No. 123 nti Decomber si, 2019 Tal No, 12546 a0) IBP No. 13425lJan'1, 2018/1 oF Manila PTRNG, rot Alan'), 01S of Nea . MCLE No. | - 061234: 01/08/2010 GLE No. - 008676; Oveseots Doc. No. 82: Page No. 58 Book No. IV: Series of 2018, 127. Draft a Notice of Hearing. NOTICE OF HEARING. Atty. Anne Cuties Counsel for Painttt + | Madam: Please be informed that the undersigned counsel has set the foregoing motion to dismiss for heering ‘on November 19, 2049 at 8:30 a.m., for the consideration of the Honorable Court or soon thereafter ox ‘counsel may be hear. EXPLANATION This certifies that personal service was not resorted to for the reason that due to time, distance, and manpower constraints, the same Is not practicable. (Sad). Atty. Liza Sobrangano Counsel for Defendant Note: Section 8, Rule 15 of the Rules of Court requires that the notice of hearing shall be addressed to all parties concemed, and shall specify the time and date of the hearing which must not be later than ten (10) days affer the filing of the motion, . 2019 SAN BEDA LAW CENTRALIZED BAAR OPERATIONS 1397es 2019 PRE-WEEK NOTES 128, Draft a Judicial Affidavit. Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region City of Manila Branch 45 PEOPLE OF THE PHILIPPINES, Plaintif, versus Criminal Case No. 1234567 For: Estafa JOHN LLOYD DELA CRUZ Accused, _JUDIGIAE-AFFIDAYIT (01 Prosecution wines VHOY ABUNGAT in ley 8 Direct Testimony) |, VHOY ABUNDAT, 44 years old; employed as a businessinan, résiding at #123, 1st Street, San Miguel, Manila, after having beén duly sworm in-accordance.with law;-hereby'depose and state: PRELIMINARY STATEMENT {That the person examining me is ATTY. LIZA‘SOBRANGANO with law office address at Unit 1, Bldg. X, Ast Street, Mendiola, Manila. My judicial affidavit is belng taken at the above-mentioned place In the Presence of John Sy and’ my companions. That the questions are asked in the English Language but are translated in the Tagalog dialect which | Speak and fully understand and | am giving my answers fully conscious that do so under oath and 1am aware that | may face criminal iabilty for false testimony of perjury fof false’statements made or given by me, OFFER OF TESTIMONY The testimony of the witness: Vhoy Abundat Is aii offered to prove that he isan eyewitness tothe crime of Estafa. He will testify what he saw the day of their-tiansdtion with the accused and what later transpired in their agreement dated July 22, 2017. The witness will identify the accused in open court es the person who committed the crime,” 1. Q: Mr. Witness, wil you pleasé tell the:Honorable Court your name, age and other personal circumstances? A: lam Voy Abundat, 44 years old, a businessmen, and a resident of #123, 1st Street, San Miguel, Marita 2. Qi Whats the nature of your business? A: Tam engaged in the buying and selling of jewelries, 3. Q: How iong did you endeavor your business? A: It started in 2006, sir. ox Manifestation: May | request this Honorable Court a few words to ponder in the act ofthe client by mere hiding {his past 2 years constitutes an abuse of confidence over my client. The mere fact that he ran and hid from his obligation shows that the trust entrusted by my cient over him was violated, THAT WILL BE ALL FOR THE WITNESS YOUR HONOR, IN WITNESS WHEREOF, | have hereunto set my hand this 19th of November 2049 at Manila, Philippines. (sg) VHOY ABUNDAT ATTESTATION 38 | 2019 SAN BED LAW CENTRALIZED BAR OPERATIONSLEGAL AND JUDICIAL ETHICS & HE ZA SOBRANGANO, of legal age, with office address at #Unit 1, Bullding X, Mendiola, 4 Manila do hereby certify that 1 eybeunded question to VHOY ABUNDAT and faithfully recorded, or caused to be recorded, the ‘Guestions | have asked and the corresponding answers that VHOY ABUNDAT gave, as above stated, Neher I nor any other person then present or assisting the witness coached the lator regarding his answers. Inge 'TNESS WHEREOF, | have hereunto set my hand this 49th day of November 2019 at Manila, Philippines, (Sod). ATTY. LIZA SOBRANGANO Unit 1, Building X, Mendiola, Manila Roll No, 23145: 1/10/15 IBP No. 21317: 1/10/16 - Manila PTR No. 234234: 1/1/19 — Manila MCLE No. 1- 001234; 01/09/2019, MCLE No. Ii 005678; 01/09/2019 «SURAT Toye dels grind Sworn to Before me, this 18th day of November, 2019, In the City of Mania by Aifars Son el Cruz with Passport No, EB12349; issued on June.48, 2018 at Department of Fortes Affairs San Fornando, Pampanga, Semel (0¢). ATTY. NOTARIANA GRANDE, ‘Notary Public for Manila.” ‘Appointment No, 123 Untl December 31, 2018 Roll No. 12345; 4/30/06 = IBP No, 13428tlan.4, 2015/Ciy of Mania PTR No, 21314iJan 4, 2018/Cly of Mania MCLE No. |- 001234; o7/a6r2010 MOLE No. Il - 005678:01/09/2019 Doc. No. 82 Page No. 58: Book No. IV; Series of 2019. | Note: + The first paragraph should introduce the affiant, + The second partis the offer of testimony. [elude a preliminary statement, which is a standard format in every judicial affidavit, maak nclude questions answerable by mere "Yes" or ‘No" in the offer of testimony because thoy. will amount to leading questions, * Dono! include questions which already assume a fact not yet established because they will amount to misleading questions. The testimony proper should be signed by affiant at the end, £ There should be a lawyer's attestation which is also in the form of an affidavit, * Since this is an affidavit, a jurat is required NOT an acknowledgment 129. Draft a Jurat. JURAT Toye dele Ga getter 1 before mo, this 19th day of November, 201, nthe City of Manila by Aitairs ot la Gruz with Passport No, EB12345, issued on June 18, 2018 at Departmen ce Foreign Affairs San Fernando, Pampanga, (Sad). ATTY. NOTARIANA GRANDE 2018 SAN BEDA LAW CENTRALIZED BAR O} ERATIONS 139 rater)2019 PRE-WEEK NOTES 0 EDA cDULGE OF LAW CENTRAI2D Ba OPERATIONS 2017 Notary Public for Manila Appointment No. 123 Until Decomber 31, 2019 Roll No, 12345;4/20/08, IBP No. 13425/Jan. 1, 2015/City of Manila PTR No. 21314/Jan 1, 2015/City of Manila MCLE No. | - 001234; 01/09/2019 MCLE No. It - 005678; 01/09/2019 Doc. No. 82; Page No. 58; Book No. IV; Series of 2019. 130. Draft an Acknowledgment. ‘ACKNOWLEDGMENT Republic ofthe Philippines. ) City of Manin) SS. } BEFORE ME, this 19th diy of November, 2019 thé Clef Mana, personally appeared John floyd dela Cruz, with Passpért No. E812345"ssUet'on.June 1; 2018 in Department of Foreign Affairs San Fernando Pampanga; kriown to me fo be the same personuio exéeited tne foregonra net ment ane acknowledged that the same was his free act aid deed wy IN WITNESS ;HEREGF, | have héfeunto\sel/ my hand ahd aiiixed, my notarial seal in the abovementioned date and place. (Sad). ATTY. NOTARIANA GRANDE | = - Notary Public for Manila Appointment No, 123 Until December 31, 2019 * Roll No. 2345; 4/20/08: IBR No. 13425iJan, 1, 2048/City of Manila PTR No. 21314iJan 1, 2015/Gity of Manila MCLE Nool - 001234; Ot709/2019 MCLE No. 1I='005678; 01/09/2019 Doc. No, 82; Page No. 58: Book No, IV: Series of 2019. 191, Draft a Motion for Extension of Time Republic of the Philippines G REGIONAL TRIAL COURT National Capital Judicial Region City of Manita Branch 45 SOHN LLOYD DELA CRUZ i Plaintif = versus Civil Case No. 12345 For: Sum of Money | ANGELICA PANGILINAN Defendant MOTION FOR EXTENSION OF TIME TO FILE COMMENT TO OFFER OF EVIDENCE 40 | 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONSRegion: City of ary, 19, 2019 or until November 29, 2049 within which to submit Comment towne One ce Evidence, THE BRANCH CLERK OF COURT immodiately upon receipt hereot. Copy furnished: ‘Counse! for tho Piaintitf LEGAL AND JUDICIAL ETHICS PAN D JUDICIAL E) Defendant, by counsel, respectfully alleges that: 1 Qn November 14, 2019, he received.a copy of the plaints Offer of Evidence ‘dated aptember 25, 2019. Hence, purguaftto the order of the Honorable Cour ie ‘open court sor00.the September 1, 2019 hearing, defendant has five (5) daye or und New cee 19, 2019 within which to file its Comment to the same: Gaemt professional commitments, the undersigned counsel cannot complete tne one TaTyTant to the Offer of Evidence within the period required and wil necd'as adie {en (10) days from November 19, 2019 or until November 29, 2019 within vireo 3 This motion fe being fled due to the reason above-stated and not for the purpose of delaying the instant case. PRAYER 19 oF at eens prays that he be granted an additional ten (10) days from November Other just and equitable reliefs prayed for: Marita, Ptppines November 10,2019, & 2 cre, (Soe). ATTY, LER SBBinaN Unit, Butcing X Mendis Na Rolle. S314 108 IP No. 21517, 110/15. Manga PTR No. 204234: 1/1/18 — gh HHGLE Nos G5s254 oven eend MCLE No.l. dose7e; 01082018 ial Trial Court Manila, Branch 45 Greetings! Aig submit the foregoing motion for consideration and approval ofthis Honorable Court (Sgd.) ATTY. LIZA SOBRANGANO Counsel for Defendant ANNE CUTIES “| Unit 1, Building ¥, Malate, Manila Please take notice that counsel has requested for the approval ofthis motion immediately upon| | receipt, (Sgd.) ATTY. LIZA SOBRANGANO. | Counsel for Defendant Note: ‘he, usual reason is having a newly-hired counsel. Be ready with your reasonis arguments to support your motion, 2019 SAN BEDA LAW ITRALIZED BAR OPERATIONS | 442019 PRE-WEEK NOTES 132, Draft a Motion to Dismiss, Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region City of Manila Branch 45 JOHN LLOYD DELA CRUZ Plaintf, versus - Givil Case No. 12345 For: Sum of Money ANGELICA PANGILINAN Defendant MOTION To Dismiss TO STATE A CAUSE OF ACTION a3, THE OBLIGATION. NOT YET DUE AND DEMANDABLE, atts 'n ampicatn of ne feratng ound, Dotondant aha te folowing VU 1. Aged dent os eda root te quotes agreed upon under ie Marketing Agreement dated December 1, 2018. Plaintif now seeks to collect the sum of Five Hundred thousand Pesos (P500,000.00), representing te-balance cithe proceeds paint Under the sos Marketing Agreement ar jee fd 2, The contract is for two (2) yoars, and stich period fi claim is premature as there Is yet no bteach of the Mi ‘and the quota is nof attained, -- For these reason: plant's Compa ats eas ot bon ands be dmsse Other just and equitable reliefs. are aiss prayed” ” Manila, Philippines. November 19/2019, : (Sud). ATTY. LIZA SOBRANGANO Unit 4; Building X, Mencia, Manila Roll No. 23145: 11015 ‘ IP No. 21317: 4/10/15 - Manila PTR No, 234234: 1/1/19 — Manila MCLE No. |- 001234; 01/09/2019 MCLE No, Il - 005878; 01/09/2019 REQUEST FOR AND NOTICE OF HEARING ‘THE BRANCH CLERK OF COURT _| Regional Trial Court ity of Manila, Branch 45 Greetings! immediately upon receipt hereot. (Sgd.) ATTY. LIZA SOBRANGANO Counsel for Defendant QEFENONT by cnet petty vous WS Caren on oe ged a FAL SQUGHT TO Be ENFORCED BY PLANTIFE fot yet expired. Consequently, plant's keting Agreement unt the perod expires ‘Kindly submit the foregoing motion for consideration and approval of this Honorable Court 42 | 2019 SAN BED LAW CENTRAL D BAR OPERATIONSLEGAL. AND JUDICIAL ETHICS & $n ccremirittreant AICS Copy furnished: ATTY. ANNE CUTIES Counsel for the Piainttt Please take notice receipt, |, Angelica Pangiir having been duly sworn t i ‘or agency, and 2019, Angelica Pangilinan with Pampanga. Doc. No. 82; Page No. 58: Book No, IV; Series of 2019, respeetfully submits the “reg Dismiss by registered mail Unit 4, Building Y, Malate, Manila 1. Thal lam the defendant the above-entiled case and have caused this mation to.be prepared; that | fread and understood its contents which are true and correct of my own percoeal knowledge andior based on authentic records. 2. That | have not commenced any action Court, the Court of Appesis or any. Such action or proceeding is pending In ris pending before these courts oft within five (5) days therefrom, 9, WITNESS WHEREFORE, | have hefeurto set my hand ih. 18th day of November, SUBSCRIBED and worn to before me, his BHR of November, 2019, inthe Cty of Man DEFENDANT, by counsel, and by way of compliance to this Honorable Cour's directive, most Respectfully submitted City of Manila, Philippines. November 19, 2049. thatcounsel has requested for the approval of this motion immediately upon (Sg4.) ATTY. LIZA SOBRANGANO ‘Counsel for Defendant VERIFICATION inan, of legal age, and a resident of #20 San Miguel St., Quiapo, Manila, after in accordance with law, hereby depose and say: proceeding involving the same iesue in the Supreme’ cottien|fibunal or agency; that to the best of my knowledge, no ‘Supreme Cour, the Court of Appeals or any tribunal * that a similar action or proceeding has bean flied ofagency, | undertake to report such fact tothe Court ete at that, iT should | fn (Sa¢.) Angelica Pangilinan by Passport No, EB23144, issued onvdune 20, 2018 at DFA San Fernando, (Sad). ATTY. NOTARIANA GRANDE a Notary Public for Manila ‘Appointment No. 123 Until December 31, 2019 Roll No. 12345; 4/20/06, | IBP No, 13425i/Jan. 1, 2015/City of Marita | PTR No. 21314/Jan 1, 2018/Gity of Manila MCLE No. | - 001234; 01/08/2019 . MCLE No. It - 008678; 01/09/2019 COMPLIANCE sisty rotun card” to prove that defendant was served with a copy of the Metion to (Sad). ATTY. LIZA SOBRANGANO Counsel for Defendant 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS 1432018 ERE WEEK NOTES Not + Ifitis an ofnibus motion (.., several grounds), you have to support it with arguments. + There should always be a prayer, + There should be a notice of hearing. Othérwis®, the motion is defective. 183, Draft a Motion to Declare Defendant in Default REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT National Capital Judicial Region Git of Mania, Branch 45 JOHN LLOYD DELA CRUZ Paint, ~ versus Civ Case No. 12348 _ For: Sum of Money ANGELICA PANGILINAN ; a Defendant, yen" a, AP po EO ENDANTINDEFAULT PLAINTIFF, by coursel/respectfully states that LAPUA 1, Paint filed this Complaint against defendant on October's, 2049, summons were served on defendant on Ostober 20, 2019 as indicated by the Sherif’ rum, attached as “ANNEX x i 2, Defendant's regtemenitary period-to,le answer endéd onf November 4, 2019, Despite the lapse of such time; Defendant has falled to answer the Complaint againec her defendant, ¥ Plaintif is ented to a declaraior-of dofauit and the tight to’presentievidence ex parte against WHEREFORE, Plainttf respectilly prays that Defendant be declared in default and that Plaintiff be allowed to present evicence ox parte — November 19, 2019, Manila, Philippiries i Ei (Sad). ATTY: ANNE CUTIES Counsel for Plaintiff Unit 4, Building Y, Malate, Manta Roll No. 23486; 1/10/15, IBP No. 78910: 1/10/45 - Manila PTR No. 78910: 1/1/19 — Manila MCLE No. 1.02345; 9/2/19 MCLE No. 1.67891; 972/19 REQUEST FOR AND NOTICE OF HEARING ‘THE BRANCH CLERK OF COURT Regional Trial Court Gity of Manita, Branch 45 Greetings! Kindly submit the foregoi ing motion for consideration and approval ofthis Honorable Court immediately upon receipt hereof. (Sad,) ATTY. ANNE CUTIES Counsel for Plaintitt ‘4 | 2019 SAN EDA LAW CENTRALIZED BAR OPERATIONS2019 SAN BEDA Law CENTRAL! ~___ LEGAL AND JUDICIAL ETHICS é —___LEGAL AND JUDICIAL ETHICS Copy furnished: ATTY. LIZA SOBRANGANO Counsel for the Defendant Unit 4, Building X, Mendiola, Manila Pleaso take notice that counsel has requested forthe approval of this motion immediately upon receipt. (Sg¢.) ATTY. ANNE CUTIES Counsel for Plaintft COMPLIANCE Jay econ By, Counsel and by way of compliance to this Honorable Court's directive, most Siamce by eas the "registry return card to prove that defendant was served with « Copy of ie Mbon o Dismiss by registered mail Respectiully submitted City of Manila, Philippines. Novemb f Deus! That in all things God may be glorified! SAN BEDA LAW cA CENTRALIZED AD) BAR OPERATIONS 209 THIS IS THE INTELLECTUAL PROPERTY OF THE SAN BEDA UNIVERSITY COLLEGE OF LAW CENTRALIZED BAR OPERATIONS. THE UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF ANY OF THE CONTENTS OF THIS BOOK IS STRICTLY PROHIBITED. SRE TF PROHIBITED.