San Beda yee College of wow 2009 CENTRALIZED BAR OPERATIONS LEGAL ETHICS and PRACTICAL EXERCISES Legal Ethics Legal FormsSan Meda College of Law 2009 CENTRALIZED BAR OPERATIONS ADMINISTRATION DEAN VIRGILIO B. JARA VICE DEAN PABLITO A. PEREZ ADVISER ATTY, MARCIANO ©, DELSON EXECUTIVE COMMITTEE HERBERT CALVIN ABUGAN overall caale and chair acadeinics operstions . IMANOLO ADE. SANTOS chair hotel operations . GRACE SAAN TRIA vice chalr for operations JUAN CARLOS NUESTRO vice chair for academies MAE ANGELIE ETANG sicecchalrfor secretariat KRISTIE ANNABELLE HIPOS vice clair for finance EIRENE XINA ACOSTA vice chair for ed ACF JELLO CONCEPCION vice chair for logistics SUBJECT COMMITTEES BERNADETTE BATHAN political aw MARINELL) MARTINEZ labor few FRANCESCA LOURDES SENGA elvliaw: CLARIBELLE BAUTISTA toxation law PATRICK SARMIENTO cofmmercil law ANDREW JOSHUA ALCANTARA criminal aw BADI. MOHAMMAD SALENDAB remedial law MA, MAHARANI LIWWAYA SORIA legal etfs and practical exerciseswea TABLE OF CONTENTS LeGal erHiCs. ai a Preliminary Matters an : 7 a The Code of Frofsssional Responsibility. 8 Bar Diselpline soar nsni sn 235 Judicial Ethics. cesennetininnnnnanecansene lt ¥ Integrated Bas of the PhINIppINES neni ntennn 58 Practical [xerC 1808 ean ninrvnnnsnsnn nnn wn a 60 LEGAL FORMS: ‘General Guidelines Cardinal Rules in sratting legal documents. Non-ltigation Forms Form No. 4; Signature of Counsel. Forn, No, 2: Acknowledgmen Form Wo. 3: Jurat. Form No. 4: Affidavit. im Form No. 5: Affidavit of Good Fatt Form No. 6: Sale of Reg'stered Larc! Form No. 7: Deed of Sale of Unregistered Landnn Forin No. 8: Deed of Sale of Registered (and With Pacto de Retro wn nenennsnsenm Form tio, 9: Deed of Sale with Morigage.. Form No. 10: Sale of Personal Property Fort No, 11: Lease of Real Ponertyn en Forrs No, 12; Lease of Personal Proporty Form No, 13: Deed of Assignment. Form No, 14: Dacion en Pago . Form No. 15: Real Estate Mortgage . Form No. 16: Chattel Mortgage. Form No. 17: Special Power of attorney... Form ii, 18; General Power of Attorney sim Form No, 19: Revacation of Power of Attorney. Form No. 20: Holographlc Wit Form No. 21: Notarlal Wit Form No. 22: Donation Mortis Catsa. Form No, 23: Articles of General Partnershio Form No. 2A; Articles of Limited Partnership: Form No. 25: Articles of incorporation of Stock Corporation Forim No, 26: Treasures Affidavit Form No. 27: Articles of incorporation of ‘Non-stock Corporation... 7 9 Form No, 28: Compary Resolution Increasing the Number of Board of Directors & Amendment To Articles. soon 92 Forni No. 29: Certification of Board esolutionLUtigation Forms. By Corporate Secretary. Farm No, 20: Petition for Corporate Rehabilitation Form No. 31: Promissory Note Forta No. 32: Bill of Exchange. Form No. 33: Check.. Form No, 34: Verification. Form No. 35: Certieation of Non tarum Shoprin Form No, 36: Combined Verifiation & Certficcte ‘Of Nomforum shopping Form No, 37: Afidavit of Service. Forni No, 38: Explanation Forma No, 29: Request for & Notice of Hearing Form No. 40: Affidavit of Merits.. Form No. 41; Affidavit fcr Preliminary Attachment. Form No. 42: Ahidavit for Replevin Ferra No, 43; Complaint dated on an Actionable ncument (one cause of action). F Form No. 44: Complaint (severai causes of ection) . Form No. 45: Answer with Negative & Affirmative Defenses, Counterclaim, Denial of Document under Oath . Form No. 46: Notice of Us Pendens. Forin No. 47: Pre-trial Bef Form No, 48: Summons Form No. 49: Application tor Issuance of eubpoens.. Ferm No, 50: Subpoena. Form No, 51: Motion to Declare Defendant in Default. Form No. 52: Motion to lift Order c¥ Defouit Form No. $3: Metion for Postponement of Hearing Form No. $4: Motion to LisinsS ean Form No. 55: Motion £9 Intervent s - Form No, 86: Metion for dame: on tive Pleadings Form No. $7: Motion for New ‘rlal Form No, 58: Motion for Extension of Time tu File Answer. Form No, 69: Motion for Consolidation of Two Cases Filed with Different Diislons of the Cratt of AppERtB no Form No. 60: Motlon for Uisavalfiration/ Inhibition of ude. Form No, 61: Complaint with Prayer for Preliminary Attachment. torr Ho, 62: compat with Appeal fr Preliminary injunction. Form No. 63: Interpleader..... Form No, 64: Petition for Certorer Form No, 65: Petition for Prohibition... Form No. 65: Petition for Mandarau:... Form No. 67; Petition for Quo Warranto ..Foria No. 68: Complaint for Judicial Foreclosure Of Mortgage Forts No. 68: Complaint for Judie Real Estate Form No. 70: Appellant's Brief Forma No. 71: Memorandum. Forrn No. 72: Petition for Review... Forta No, 73: Caption of Crimine! Complaint © Requiring Preliminary investigatior Form No. 74: Jurat or Oath of Criminal Complaint or ‘Affidavits of Witnesses before Prosecuto Form No. 75: Complaint-affidavt (In general). Form No. 76: Certification of Preliminary Investigation Form No. 77: Certification as to Conduct of Inquest. Form No. 78: Information for Acts of Lasciviousness ... Form No. 79: Information for Rape. Form No. 80: Motion for Balt In Capital Offense... Form No. 81: Motion to Quash infurmation Form No. 82: Appearance 8s Counse! Form No. 83: Withdrawal as Counsel ‘With conformity of Client Form No. 84: Withdrawal as Counse! Without Conformity of Client. Form No. B5: Substitution of Counsel Form No. 86: Notice of Appeal. Partition of Form No. 89: Probate wil os Form No, 90: Petition for Letters Administration Form No. 94; Petition for Guardianship of Minor.» Form No, 92: Fetition for Habeas Corpus. it Form No. 93: Petition for Change of name Form No, 94: Certificate cf Candidacy Forms No, 95: Election Protest... Fort No. $6: Quo Warranto.. * ae oe ware! y This is thie intellectual Property of the’ San deda College of Law 2009 Centralized Bar Operations. Unauthorized use and reprodvction ofthis materials prohibited.Set San Beda College of Taro LEGAL ETHICS (1993, 1996 BAR EX/.MS): It ls a branch of moral science, which treats of the duties, which an attorney owes to thé court, to his client, to his colleagues In the profession and te the public, (Justice Georye Malcaim) PRAGTICE OF LAW (1991, 1902, 1893,, 1996, + 2000, 2004, 2005 BAR EXAMS): itis any activity in or out of court, which requires the application of Faw, legal procedure, knowiedge, training ancl experience. Generally, to practice law is to give notice or render any kind of service which device fF service requis the use in any degroe of loyal knowledge or skill (Cayetano v._Monsod, G.R. No. 100113, September 3, 199%). The SC applies experiences as a lawyer-economist, a iawyer- manager, a-lawyer-enterpreneur, and @ tawyer- legislator of bath rich arid the poot-veriy more than satisfy the constitutional requirement-that he hae ‘been engaged in the practice of law for at least 10 years, * Faotore Detorminative of Engaging in the Practice of Law J. -Habitualty ~ implies customary. or habitual holding oneself out to the public as x lawyer, 2. Compensation = implies that one must have presented himself to be in the active practice _ and. thal . his. professional. vervices are available fo the publc for corspensation, us a source of livelinood or in’ consideration of his said servines;’ aril Application of law, legal principle, practice or Procedure which ‘cat's for legai knowledge, training end experience; and’... 1 4, Attomey-cllent, relationship ~ i presuppose: the existance of a lawyer-client relallonenip, ‘Thus, activitios,| ke, téaching aw or; writing law boi or articles, do tit qualify &,lawyer COMMITTEE: HERBERT CALVIN ABUGAN -ARGAL ETHICS AND PRACTICAL EXERCISES: IMATUGA legal eles, MELANIE GARCIA Taga frm, ‘emoens: : ‘Apo Cayo, Athur 2apnote Cacia Mane Lays, Cryst Marcas; > Miador, Marie Wiel Sta. Ane 7 this principle to mean: that Atty.” Monsou's past, Pena E ‘ari hae sn chal Aedes oparaons, MANOLO. {har for epeatons VAN CAR|OS NUESTRO vie cha for aad, Mal ACU ET en chair for nance, MEENE XIN ACOZTA ie chal To ad, SEE JELLO CONCEPCION REGUS TWA MAHARANL UWAYA SORIA abject chal EOPONVILE NOOTA WAMBUT GITAU as MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 1 profession as a lawyer. (Dissenting Opinion of Justice Padilla, Cayoluno v. Morsod, supra). Lote: The practice of lawis not a natural, property (of constitutional right bul @ more privilege. It is not a right granted fo anyone who demands it but 2 priviege tobe extended or withheld in: the ‘exercise of sound Judiclal discretion. More specifically, it is limited to persons uf good more character, with special qualifications duly ascertained and zertiied, in re Ozaete, 92 SORA 1) Fost 1 I also In the nature of @ right because Jewyer cannot be prevented from practicing law ‘except for valid reasons. He can only be deprived of it for migeenduct ascertained and after ‘opportunity to be heard has been afforded him, Power to Regulate the Practice of Law (1995 BAR EXAMS): The power to admtt applicants to the practice of law's judiclel Ir nature and invclves the exercise of Judicial discretion. | The euthorty to dacito who may be admitted to tho bar naturally and ingicaly bolongs to the judielary rprasontec by the Supiome Court in viow of tha ‘nature of its judicial function and in the role played by attomeys in the administration of rastce. + Thus the Constitution provides under Art. Vill Seo. 5 (8): 7 2 Sec. 6: Tho Supromo Court shell have the ln Puvealan,Fimor Amer, lerber Mallen, ie Sogn, win Alcona, alley ‘HerandesJobrjo Sogaboen, ote Tey, Juan Clr Sandi Juan Palo Soros, of. TnereeaAbalents, Metch tert Ferande, Citar2.12009 CENTRALIZED BAR OPERATIONS ie On the other hand, the legislature, in the exercise of ite police power may enact laws ‘egulating the practice of law to protect the pubiic and promotu the public welfare. But tne Yegistature may not pags a law that wili control the SC in the performance of its funrtivn to decide who may enjoy the privilege of p acticing taw and any law of that kind. Is uncon: tituional as. an Invalid exercise of legi Cunanan, 94 Phi 534) ‘The SC acts through @ Bar Examination Committee in the exercise of its judicial function to adnilt candidaies to the legal profession. ‘The Committee is composed of: 4. @ member of the Court’ who’ acts as * chairman and 2. 8 members of the Bar who ac as examiners in the 8 bar subjects with one subject abelgned to each examiner, Acting as @ sort of liaison officer between tne Court and the Bar Chairman, on one hand, and the individual members of the Committee, un the other, (8 the Ber Confidant wh is at the same Puty clerk of the Court. He does not discretion with respect to the ina'ter imission- of examiners to the Gar (In 10 Lenuavo, A.C. No. 1162, August 29, 1975). The power of the SC to reguluta the praciica of Jaw includes the wuthor"y +0 (OPD-DRO-PES): 41, Define the term; 2. Brescribe the qualifications of a candidute to and the subjects of the ber oxaminations; 3. Beclde whe willbe admitted to practic 4 Discipline, suspend or disbar any unfit and Lunworthy member ofthe bar, Reinstate any disbarred’ or indefinitely suspendad aitomey; ‘Ordain the integration of the Phiippine Bor, Bunish. for: contempt any perscn for ‘unauthorized practice of law; Exercise overall supervision of the tegal brofession; and Exercise any other power as may pe Necessary to elovate the standard: of the bar and preserve its integrity Who May Practice Law? ‘Any person heretofore duly admitted as 3 momber of the bar, oF hereafter admitted as such in accordanes with the provisions of this 1ule, aiid who Is In good and reyular starding, is entitled to Practice lew (Soc. 1, Rule 138 RRC) gar Hieba College of Laty eae Requirements before ¥ Candidate Cun Engage In the Practice of Law (1997 2004, 2008, 2008 BAR EXAMS) A. inital Requirements: Admission to the Bar 1. Citizen of the Philippines; 2. Atleast 21 years of age; 3. Of good rinral character; 4. Resident of the Philippines; 5, Must produce before the SC satisfactory evidence of good moral character: 6, No charges against him, invclving morat turpitude, have been fled or are ponding In any court in the Philippines (Sec. 2, Rule 138 RRO); 7. Must have complied withthe academic: requirements; 8. Pass the bar examinations; 9. Take the Lawyer's Oath; and 10, Sign the Roll af Attorneys 8. Continuing Requiremiente: Good and Regular Standirg ‘Membership in the jaP Pay the IBP dues Pay the PTR Coinply with the MCLE Requirement of Good Mora! Character: eesens A continuing requirement, good moral charadter, is ant-nor oriy” 3, condtion precedent, for the admission to the legal Brofession, but it must also remain intact in order to maintain one's good standing in that exclusive end honored fratemity (Tepucer v. Tepucar AC. No. 4448. July 20, 4998) Appoarance of Non- Lawyer In Court (1999, Brees ea 2 lav ep Berger nace MD cs.gan Paeds College of Lato ‘Bar ls NOT available, *he judge may appoint » novmlawyer wha. 8, resident of that province; of gocd repute for probity and abilty to defend the accused (Sec. 7, Rule 116 RRC). 4. Stident Praciloe Rule ~ & law student who has successfully completed his 3" year of the + Tegular four-year prescribed law curriculum ‘and ie enfolied in. racognized law school’s iinical legal education program approved by the SC ~ may appear, without cor pensation, {im any clil, criminal ‘or adminisirative case before any’ trial court, tribunal, board or officer. to represent indigent clients accepted by the Legal Clinic of the law schoot. (Sec. 1, Ruia 138-A) The sludent shell be under the direct supervision and control of a member of ‘the (BP duly,acereditod by the law school if he ‘appears in- the RTC and without such supervision If he appears in an inferior Sourt (Seo. 2, Rule 138-A) (2008 BAR EXAMS). Before the NLRC — non-lewyers may apnear before the NLRC or any Labor Arbiter if they: ‘a. reprosert themselves; b. represent thelr organization or members thereof (Art..222, PD 442, Labor Codo) (2002 BAR EXAMS). 6.., Before @ Cadastral Court — @ non-tawyer may represent a claimant before the Cadastral Court (See, 9, Act. No, 2269). 7. Any person appointed to sappear for the ‘government of the Philippines in accordance with law (See. 93, Rule 198 RRO) Umitations..on Appearance of Non-Lawyere ~ Before the Courts, 1..-He should confine his vork to nor-adversary ‘contentions: He should not undertake purely egal work, such as the, examination or cross: ‘examination of witnesses, of the presentation of evidence. 2. His services’..should not be tabitually tendered... 3,:He should ‘not charge or collect’ ettorney's "L-23059, November 1974) cit Cases An inl fiigant he, ‘re ‘ight te ‘onduct hs tigation persohaly Criminat’ Cases!’ in. grave: and’ tess" grave © offenses, ah accused ¥v.ho Is .@ layman must always eppear hy counsel; he CANNOT conduct fis own defensé, as his right to counsel may NOT 'b0 'walvod without violating “hls ‘right to due Process of law, fee (PAFLU v..Binalbagan (sabelu‘Sugar Cn, . Even the most intetigeht of educated men may ‘have no skill in the sclenos-of the law, particularly In the rules of procedure and without counsel; he may be convicted not because he Is guilty but because he does not know how to establish his innocence. Where an ecoused was not duly fepresented by a member of the bar during ial, the Judgment should be set aside, and the case Temanded to the trial court fot a new tial (People v, Santociides, Jr. G.R. No, 109149, December 1999). By a Juridical Person: 4 juridleal person must atvays appear in cout twough @ duly licensed member of the bar, exceat insthe municipal iit court where it may be represd ae aby ifs agent or officer who need NOT be: ala «+ Paine wha notdaier is VOI Fn the formation of partnership for. the practice of law, no person should be admitted or held out as a practitioner, of member who Is not a member ot the’ tsgal profession duly authorized to practice,’ and amenable to professional discipline. May a Corporation Practice Law? (1085 BAR EXAMS) NO. It's @ woll-seltied rule that a corporation canrot engage In the practice ct law. it may, however, hire an allorey to attend to_and Conduct its own legal busineus or affairs, But It cannot practice law directly or. indirectly by ‘employing 2 lawver to practice for itor to appear {or others for its benoft Reasons: Waluto ofthe. prilogo. ond on. the MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 3.4 [2009 CENTRALIZED BAR OPERATIONS Who Are Authorized to Reprosont the Government? Any offc'al or other person appointed or dosignated in accurdance with law to appear for the Government of the Philippines or any of is officials shall have all the sights of @ duly authorized member of the bar ‘o appear in any case in which sald government has an interest, direct oF infrect (Soc. 33, Rule 138). Rules on Public offiglats regarding the Practice of law (1990 BAR EXAMS) ms ‘A. Pubilo Officials Who CANNOT Practice Law in the Philppinos 1. Judges und other officials or employees Of the superior court; (Sec. 36, Rule 138 RRC) 2. Officials and employees of ra Otfica cf the Solicitor General (Sec. <5, Rule 128 RRO): 3. Goverment Prosecutors (1992 BAR EXAMS) 4. President, Vice-President, members of the Cabinet, their deputies and assistants, (Sec. 13, Art. Vil, Constitution): Chairmen and members. of. the Constitutional Commissiuns (Soc. 2, art 1X, Constitution 8 Ombudsman and his deputies; 7 Governors, city and municipal. mayors; and 8, Those who, by special lav, are prohitited frora engaging In the fractico of thei legal profession. 8. Public Officials RESTRICTED iv tho Practice of Law 4. Sonators and Members of tho House of Representatives (Sec 4 Ant. Vi, Conatitution); Members of the Sanggunian: Retired Justixe or Judge; and Civil Service officers” or . employees (whose duty ves not require his entire time to bo*et thy asposal of the government) without permit from their respective depertment heads. HOWEVER, public officials’ who, by exwfess mandate of the law” ate Prohibited from practicing law, may not, even with the cunsent of the department higad concemed, engage in the practice ‘of frw. (Noriaga’ v. Sison A.C. No.2266, October 1983). San Beda College of Law Restrictions in the Practica of aw on Mombers of the Legislature (1996 BAR EXAMS) + A lawyer-member of the legisiature 19 Prohibited from acpearing as. counsel befora any courts of justice, electoral tribunals or quashyudicial and administrative — tedies, ~The’ word “eppeatance” includes not only arguing ‘case before any such body but also filing @ pleading on behalf of @ allent as “by simply filing a formal motion, plea or answer’ (Rames v.Manalac 89 Phi! 27). + Nelther’can he allow his name to appear In such pleading by itself or as part of a fem name under tre signature of another Qualified lawyer because the signature of an egent amounts to a signing of a ncn Qualiied senator or congressman, the office of an attorney being originally of agency, and because he wil: by such act, be appearing in cut or questjudicial or adminisirative body in violation of the Constitutional rasircion, “He cannot do indirectly what the Constitution prohibits ‘Arectiy" (In ro: Davet 93 Phil 461). Restrictions fa tho Practica of Law on Moinbers 0: the Sanggunian ($20. 90, RA 7160 Local Government Code) (1992, 2090 EAR EXAMS) ‘They shall not 1. Appear 2s counsel before any court in ‘any civil case wherein a local government unit or any ofilve, agency or Instrumentatity of the government is the ‘adverse party; 2 -Any ‘f criminal case : Riiplovee of tha a of on Sfidake Gi Athen cae ff seogguniang Frovinces; the citySin Beha College of Law. 4. 2. mayor, the city vice mayor and the members of the _sangguniang pantungsod tor citles; the municipal mayol, the muninipa! vice mayor and the members of the sangguniaig bayan. for. municipalities and the punonig barangay, the members of the sangguniang barongay and th> members of the sangguniang Kabataan for. barangays...\While, as already discussed, certain loca! slective “officials (like governors, mayors, provincial board members and councilors) are. exprassly subjected 0 8. total or partial proscription to’ practice their profession . or | sngaga in any ‘eccupation, no, such interdiction is made, on the punong barangay. and the members o: the songguniang barangay. Bipressio unius ast exclusio alterius,. Since they aie ‘excuded from any prohibi! presumption Is that they are allowed to practice thelr profession.. However, he should have procured prior permission or authorization trom the head of his Depar'ment, as required’ by ‘the Civil Service Regulations. (Witredo Catu vs. Ally. Vicente Reliosa, A.C, No, 5738, February 19, 2008) > Restrictions in the Pracice of Law on Retiod dustices/Judges; As @ condition of the pension provided unde: R.A. 910, no retiring Justice or judge of @ court of record or ehy city ‘of municipality judge during the time that he is feceiving’ sald pension shail appear. Rs ‘counsel Before any court ‘Any 401, 2002, 2005 BAR EXAMS) es a 2 it = Han Beda College of Law Duty of Counsel ce Oficia: A course! de ofcio is expectes to render effective service and to exert his best efforts on behelf of an indige:t ‘accused. He has a8 high a duty to a poor Iigant #8 10 a paying client. He should have a bigger ‘lose of social conscience and a litle ess of self, terest (1991, 1993, 1994, 1996, 1998, 2007 002, 7004 BAR EXAMS). Role of Private Prosecutor: A private prosecutor may intervane tv the prosecution of @ ctiminal action when the offended: party is entiled to ‘rdeinnity and nas not waived expressly, reserved oF nstituled te civil actior far damages. ‘Al crimina’ actions’ commenced by complaint or ‘nfonnation shall be" prosecuted. under the ‘lrection and control of the prosecutér. In case of heavy work schedule of tre publie.prosecutor or in the event of tack of public prosecutors, the private prosecutor may be authorized in writing by ne Chief of the Prosecution Office or the Regional Stele Prosecutor to prosecute the case subject to the approval of the Court Once so ‘aunonzed Yo prosecute the criminal action. the bevate prasecitor shall continue to prosecute tne ‘case up to the and of the tat even in the absence of a public prosecutor, unless the authonty: is evoked or otherwige withdrawn (See. 5, Rulo 110 RRC es amended, May 1, 2002). THE LAWYER'S OATH (+991, 2003, 2008 BAR (AMS) ——» ¢0 solemnly swear that | wii allegiance {© ‘he “Republic of re Philippines; { will suppor its Gonstitution and obey ‘he lews a8 well as the legal orcers of the diy onstiuted authophiegrtherrig; twill do. no roundless, falee ge-an i sent to:the same; | will delay, or ‘ilies and“wif Sonduektny Eile. Ah i i peu brding fo Ue bet pee, ood a ‘at all tmegch sworn prombsdihes vi lawyer's oath. it Wiylawyars conducted themsaives strictly accordin} to the lawyer's onth,San Weds College of Faby and the Code of Professiinal Responsiblily, the ‘administration of justice wall undoubtedly be fairer, faster, and easier for ever/one corcerned (ini re AIC. Argosino, B.M. No, 742, March 19, 1997). By taking the lawyer's oath, a lawyer becomes guardian of truth and the rule of law and on indispensable instrument In tha fair and impartial administration of justice. Good moral character Incluaes, at least, common honesty. Deception and olfier fraudulen: acts are not. merely unacceptable practices that are disuraceful and dishonorable; they reveal a basic moral fan (Olbes v. Deciombre, A.C. No, 6368, April 2005) TERMS TO REMEMBER Amicus Curiae'~ is an experienced and impartial ‘attorney invited by the cont to appear and help I the disposition’ of the issiras submited to i. It implies flendly intervention of couneel t9 cal the attention of tne. court to some matters of law 3¢ facta which might otherwise escape its notice end in regard ta whieh tt might go wrong. An amicus curiae appears In coun not to represent auy ppariovlar party but only to assist the court (Plural: ‘Amiel Curiae} (1993, 1998, 1998 BAR EXAMS) Amicus Curiae par excellence ~ isa bar association who appear in court as amicus curise or a fiend of the court It acts merely as a consultant fo guide the. court in a doubtful question or issue pending before’ Assumpsit ("he has undertaken," from latin. assumere) = is an action for the tecovery: of damages by reason ‘of: the. breach’.oF' non- performance of « simple contract, elther. express ‘or implied, and whether mace orally or in writing. ‘Assumesit was the word always used in pleadings by the plain to set forh the defendant's’ undertaking of promise; hance the name of the action. Claims In-‘aclions -of assumpsit. were orainaiily divided into (2) comrnon cr indebita'us assumpsit, brought usually on an implied promise, and (b) special assumpsit, founded on an axpress, Sromise (2008 BAR EXAMS)... 9° 119 Aitomey ed foc’ is a pérson named appointed by the sour to defend an ebsontee defendant in the sultin which the appalntment is made, >< Attorney-at-L.aw'~'}s:that class of persons who are licensed officers of the courts empowered io appear. prosecute ‘and defend, and. upon. whom peculio” duties, responsiblties' and liebiities are developed by law as a consequence, Attorney in fact ~ is simply an agent whose authority is strictly imited ty the: instrument MEMORY AIO INU LEGAL ECHICS AND PRACTICAL EXERCISE «asset aa ral “yp eet ee iat is ‘appeinting him. His puleity is provided ino spacial power of attorney or general power of attorney oF letter of attorney. He ig not necessarily lawyer, 7 Attorney of record ~ 16 tha attomey whose namo {s entered in the records of an action or suit as the lawyer of a designated parly thereto (1998 BAR. EXAMS). Bar and Bench ~ "Bar refers to the whole body of attorneys and counsels eollecively, to the fuembers of tha Ingal profession, “Bench denotes, the whole body of judges Bar Associatior -- is an association of members. of tho legal profession Mb tho (BP where, memberst ps integrated or cmpulsory: Client ~ is One who engages the services of a lawyer for legal advice or for purposes’ ot prosecuing or defending @ ‘suit in behalf and ‘usually for a fee. Ccunsel/Attomey da ollélo ~ is an attomey appointed by the courl 10 defend ‘an: indigent detendant ina criminal acon, Ina criminal action, i the defendant appears without an atorney, he must bo mleeee by the court that Its his Aght te have en attome} before being arraigned and must be abked Fe desires the ald of an altomey. ithe desires ‘and is unable to employ an attomey, the eourt must assign’ a counsa! do oficio to’ defend him, He Is also designated ag counsel of indigent litigants. ‘The appointment . of & counsel de oficio In that Instance Is 3, matter of ight on the patt ofthe defendant, Je shown! hy, thonterth the it of the al eu 8 eaten ite i uaa Counsel ~fye eeaigel on ether side ofa who Is charged with the principal:[2009 CENTRALIZED BAR OPERATIONS ‘management and direction of @ party's case, ae distingulshed from his juniors oF subordinates, Of Counsel ~is an experienced tawyer, usually a ‘etiyed member of the judiciary, employed by-lavr firms a8 consultants, Practicing Lawyer ~ is ore engaged in the practice of law who by license is an affcer of the court and who is empowered ‘6 appear, prosscute and defend a client's cause (2006 BAR EXAMS). Pro Se — is an appearance by a lawyer in his own behalt (1995 BAR EXAMS). Trial Lawyer ~ is. one who personally handles casas in court; administrative agencies or toards ‘and engages in actual tial work, either for the Prosecution oF for the defense of cases of clients (2006 BAR EXAMS), THE CODE, OF | i Bais Mid CHAPTER |: THE LAWYER AND SOCIETY Ganona 1-6 1, Uphold the Constitution and gboy the laws of the lang 2, Make lugai services. availablo In an effcient ‘and convenient manner 3. Use of rua, nones:, swir. dignified and objective information in making known legal services 4, Participate in the improvement of the leg: system 5. Keep abreast of legal development ang Participate in continuing legal education Program and. assist. in disseminating Information “regarding the law and jurisprudence 6. Applicability ofthe GPR to lawyers in the government setvice CHAPTER Ul: THE LAWYER AND THE LEGAL PROFESSION Canon 7-9 7. Atall times uphold the integrity and signity of {he Profession and support the activities of the IBP 8. Conduct himself with courtesy, iawness ane ‘ander toward’ his calleaga’s and avoid harassing tactics 9. Nol to directly or indirectly as: ‘unautorize practics of law in the Pan Beda College of Law a College of Lato CHAPMER Wk THE LAWYER AND THE courts. Canons 10 - 13 10, Owes candor, faiess and good faith to the court : 11, Observe and maintain the respect due courts and judicial officers 12, Duty to assist in tho: speedy and efficient administration of justice 13, Rely upon the merits: of his cause, refrain from any improprely which tends to influence courts, or give the appearance of influencing the court CHAPTER IV: THE LAWYER AND THE CLIENT Canons 14 - 22 14, Not to refuse his se-vices to the naedy 16, Observe candor, tarness and loyalty in alt his dealings and transactions wite chents 16. Hols in trust all the moneysyand property of his client that may come to his:possession 17, Owes fidelity to cllents cause -and be mindful of the trust and conttdence reposed in hirn 418, Seiva client with competence and diligence 19, Represent siient with zeal ena within the bounds of law 20. Chaige cniv fair and reasonable fers 21. Preserve the confidence and secrets of client even afer the alty.client relation is terminated 22, Withdraw sérvices only for good cause and upon notice LAWYER AND THE SOCIETY Canon 4: Uphold the Constitution, obey the laws of the land and promote respect for law and logul processes (1993, 1994, 1998, 2901 BAR EXAMS) cosas tshnauiniane Rule’ 1.04838 in engage in lawful, “oishonest,Ininidrabor dec \duuct (1993. BAR:EKAME).¢, = s sap sh felt. a actor omisaio® waketité Rebarry to ‘aie By defiilon ary at ayandgaion Rpbrary to law aniowiul, 1 dooesigl de iy the clomid of cx gniity gitioagh 1 nh tu in A fngs, the, presage Fi the Rabo! ihe lawyer ig notagganti bing Hbyact oro ssi Wig tore We Report i Condoiey cn. the Bo Rowubls "9, Mee, P Dishorto8t/act crying er c SIG eee Immoral St giles tal -+ San Beda College of Lew Moral “urpitude - impos ‘an.act of baseness, wleness or depravity in the duties: which one person owes to another or to society in. genaral which is contrary to the usually accepted and customary tule of right and duty which 2 person, ‘should follow (1992, 1993, 1997, 2004 BAR EXAMS). E.g. murder, estafa, rape, violation of BP 22,, bribery, bigamy, adultery, seduction, abduction, concubinage, smuggling. ‘+ When laviyers are convicted of frustrated homicide, the attending circumstances, ‘not the mere fact of their conviction would derhonstrate thelr finess to remain in the legal profession (Soriano v. Dizon, A.C. No. 6792, January 25, 2006). © The word “conduct” also refers to any miisconduet although no: connected with his professional duties that would show him t6'be unfit for the office and unwerthy of the privileges which his license and the law confer upon him (Orbe v. Adaza, A.C. ‘No, 5252, May 2004). Rule 1.02 - A lawyer shail not counsel or abet ‘activities aimed at defiance of the law or at Jess.uiing confidence in the legal system (1994, 1996 BAR EXAMS): A lanyor should not promote nor hold an, ‘organization known to be violating the law nor assist it in a sctteme which Ys dishones!. Ho should not allow his éervices to be engaged bi ganization whose members are violating the law and defend them should they get caught. Rule 1.03 - A lawyer sirall not, for any corruot motive or Interest, encourage any sult: or proceacing or delay any man's cause, Crime of Mointonarice ~. lawyer owes to satiety and to the court the. duty not to stir ip Wigation, The folowing are. unprofessional sets. within tha prohibition: ' AAT Volunteering advice to bring tawsut eicept ‘where ties‘ of blood, relationship, nu trust maka it a dty to do €0: 2. Hunting up detects in ites or other causes of action and Informing thereat to he.employed fo bring suit,or collect jurgment; of to breed gation by ‘seeking out claims Yor personal injuries or ary other grcunds to sccute them as cients)* 3.07 Eniploying:" gents or. :Aunners for ke purposes; 4. Paying ditect or inditéct reward to those who bring or influence the bringing of such cases to his office: MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES) 9 5. Soarching fo ‘unkniwn helrs and solicting their emplovn.ent of Hi 6. Intiatiag a meeting of @ club and Inducing them to organize .and contest legislation under his guidance; and 7. Purchasing notes to collect them by litigation at a proft. A lawyer. shall fefrain from commiting berratry ‘and ambulance chasing of cases. Barratry ~- is an offense of frequently incting and stiring up quarrels and sults. tis the tawyer's act of fomenting suils among individuals and offering his legal services to ore of them (1903 BAR EXAMS), se Sid Ambulance Chasing = \s a lawyer's act of chasing the vicinis of an accidentHor the purpose of talking to the same victin of the latter's relatives and offering his legal services for the filng of the case against the person who caused the accident (1983 BAR EXAMS), . ‘Ambulance Chaser ~ Is a lawyer who haunts hospitals and visits the homes of the afflicted, officiously intruding » thelr presence and persistently offing hs service on the basis of a contingent. + Ambulance chasing has spawned recognized evils such as (FSMD): ” +4. Fornenting ef titigation with resulting ‘burdens on the courts and the public; 2. Subornation of perjury: 3, Mulcting of inhocent persons by judgments, upon manufactured ‘causos of action! and 4, Detrauding of injured persons having a a Se : This rule ria: “ swyer the affirmative duty to check useless litigations, willful violation of10 |2009 CENTRALIZED BAR OPERATIONS which may subject him to appropriate disciplinary action or render him liable for costs of litigation. If a lawyer is honestly convinced of the futily ot ar ‘appeal ina civil suit he should not hesitate to inform his disappointed client that most likely the Verdict would be altered, | Canon 2: Make Available Efficient Legal Service (1990 BAR EXAMS) Rule 2.01 « A lawyer shall not rojecr, except for valid reasons, the causo of the -Mlosingi ert “any Pater’) sAcoording America «Bia, ABSQal “platen, hs ie ‘ i beans gency ean prone ony ‘lofog ab 7314 |2009 CENTRALIZED BAR OPERATIONS THE LAWYER'S: DUTIES. TO THE LEGAL PROFESSION © 3 ss Canon 7: Uphold she Intagrty and Dignity of tha Profession: and support the activities: of tho IBP areas Indeed, “aaa “eaha aig aj the. taw Poca in ao lng he! crags ial : od cuaraceg lyf the, lea! ‘profession » (ified war “Ally, -Vicunte ‘Relosa, 4c. No, 6738 32 Fae 19 2008).28: Rule 7.01 A day Sel bo ‘aisiverablo for Knowingly ‘maklag a falge’ statement or ‘supprossing a material fact Ia connection with. ‘his application for admiss(on tothe bar (1935, "1997, 2004, 2005 BAR EXAMS] ‘The concent of d-aitanay in hie applaton to take the bar 4xaris:bf the fact that he had been charged with of indloted: for'an ‘alleged: crima is Jround for. HE pangs 19 piacice IE ees Rusle'7.02 ~ A; lawyar' shall not. suport ‘ino application for admission jo the Lar of any person known by ‘him’ io''he. unqualified In ragnect to liaracter, education, or other rofavant attribute. Rule 7.03 = A lawyer''shall_n3t engage: in conduct that adversely ‘reflects on his ‘itness to practice lau, tior shall he, whether in public or private life, béhave'in'a scandalous manner. to the discredit of the legal profession (2004 BAR EXAMS). While it has been ‘veld in-disbarment casos that the mate fact of ‘sexual falations Dewween two unmartiad adults’is, not "sufficient to warrant ‘administrative sanction for euch ili behavior, st 's no go wth reaper to: betrayal a the mora Vow of fidelity! ver! If not all: forme ‘of extra: ‘marital relations arc punishable under prnal tow, sexual relations oulgide mariage’ Is considied disgraceful and immeral ae it manifosts deiborata disregard of the sanctity’ of martiage and the marital vows protected by the Consttuion and affirmed by our laws (Vitug v. Rongcal A.C. No. 6313 September 2006), (2008 BAR Ex «..i9) Counsat's act of fig multiple'comp aints against Rerein complaine ts reflects oh'his fitress fo be @ member of the legal profession, His act evinces vindictiveness, a decidedly “undesirable trait wheter ina! tawyer or ‘another individual, as complainants were instrumental in respondent's, iF San Bede College of Law dismissal rom ihe judiciary.” (Saburnido v. Madron A.C. No, 4497, Sptember 2091) Canon 8: Observe ‘courtesy, falmess and candor teward hie colleagues and, avoid harcssing tactics." 7 Rule; 0.01 ~" A. lawyer shall not’ tn. :nis'? Brofeasional dealings, use,languate whlch, is ‘abusivo, offensive or otherwise Improper: oN ‘Some instances of Disrespeciful Language»; 1. Calegorizes. the SC decision: as. falae” erroreciis and ilegal (Suo v, Clonal A.M. /5-RTC, July 2063); 2. Cescription “of judges: attlude. as “unjust, hnosi, vineltive and éangeroys" (Come v. Wutge Tan 85 Phil 772), 5. Gating an adverse cnunsel a8 bobc or slag the word “ay’ quo bobo" 9 fefprence to: the manner of offering -evidenogys(Castilo -v. Padila Jr A.M, No. 29:9, Februgry 1984); 4. Stating that justice is bind ang algo “deat and dumb” (in re: Almacen, L-27654, February 1970). oh : Altribiting to the SO acts of dismissing kidges ‘without thyme end reason" and disbaninu lawyers. “without due. process” (Zaldvar. Gonzalez G.A, 79690: 707, February 1959): and 6. Any other snaldgous cases: + Any undue illfeeling tetween clients shoul3 hot influence counsels jn-thelr conduct and? demeanor toward each other. While lawyers ‘owe elire devotion te tne interests of their clents, their office does ret permit violation of the laws cr any manner of wraud or chicanery (ayes v. Chiong, Je, AC, No, 5148, Jaly 2003) yymont of natin, ic oF any nega i ta hoe bea ie eee Roun ao ahi substitute If such conformly cannct be had, heeda College of HLaty ‘should at least give sufficient notice to such lawyer of the contemplatec substitution, Canon &: Prevent unautliurized practice of kaw (1992," 1998, 1907, 2000, 2068, 2008 BAK EXAMS) Purpose: To frotect tie public, the court, the client and the ber from the incompetence or dishonesty of those unlicensed to practice law ‘and not eubject to the disciplinary control of the court, ‘A lawyer is prohibited from allowing an intermediary to intervene in the performence of his professionat obligation, The lawyer's relation to the client is-personat and his responsibilty is direct to the client At the hearing, the responcent admitted that the letterhe 4 of Crisia-Tenorio Law Office listed Felicisime R, Tenorlo, Jr., Gerardo A. Panghulan, and Maricris D. Battung a3 senior partners. She admitted that the first two are not lawyers but paralaga's. They are listed in the letterhead of her law office as senior partners because they hav> investments in ter law office. That is a blatant misrepresentation. (Cambaliza vs. Atty. Cristal- Tenorio. Adm, G2se No. 6299, July 14, 2004) Rule 9.01.- A lawyer shail not delegate to eny unqualified person the performance of any task which by law may ory be performed by a member of the bar in goos standing. Rule 9.92 - A lawyer shall not divide cr stipulate to divide a fee for legal services with persons not licensed to practice lew, EXCEPT: 4. Whare there Is a preexisting agrzeniont with @ eartnet or associate that, upon the latter’? death, money shall be paid over a reasonebie peitod of time to his estets or to persons specified in the agreement; or 2..Where a lawyer undertakes to complete unfinished legal. business of a docoused tawyer; or 3. Whore a lawyer of law firm Inchidus non- Jawyer employees ina retiremnt plan, even if the plan fz based in whole or in part, on & profitesharing egroemert. ‘The “frst. and “Second ‘excaptions to the ruls, atricly speaking, represent compensation foi Tegal services rendered by the deceased lawyer during’his lifetime, which is peld to his estale or heirs. Note: Iinpropriety arises where the effest of the arrangement is to make tne estate or helr a MEMORY AID IN LEGAI_ETHICS AND PRACTICAL EXERCISES] 15 member of ihe partne'stip along. with the surviving pariners, o where the estate or heir is to receive a percentage of the fees that may paid from future business of the deceased lawyer's cliénte, The thid,-stricty-epeaking, '8 not @ division of feaal fees but a pension representing deferred ‘wages for the employees’ past services. The statutory rule thal an attomey shall be entitied to have and recover from. his client a teasonab'e compensation for his services necessarily Imports the existence of an attorn client relationship as a ceniltion for the recovery of atlomey's fees, and. auch gplationship cannot exist unles: the clant’s represdiative is a lawyer. LAWYER'S DUTIES TO. THE ROURT Ganon 10: Observe Candor, Fairness and ‘Good Faith to the courte (1864 BAR EXAMS) Rule 10.01 - A’ lawyer shall not do. any falsehood, nur consont to the doing of any in court; nor shail he misiead, or allow the Court {0 be misled by any artifice. A lawyer must be a diseple of truth, He should bear in inind that as an officer of the court his high vocation is to correctly invorm the court upon the 'aw and the facts of the case and to aid itn doing justice and arriving at cofrect conciusion. The courts on the other hand are entitled to expect only complete honesty ffom lawyers appearing ‘ond pleading before them, While a lawyer has tha solemn duty fo defen *'s clghts cause, his conduct must never be at the expense of truth (Young v. Batuegas, A.C. 5379, May 2003) Requremehise Ga apa tl Rot16 |2009 CENTRALIZED BAR OPETATIONS Rule 10.92 + A lawyer shall nct knowingy ‘misquote or misrepresent the contents of @ paper, the language or tho srgument of ‘opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved | 10 BAR EXAMS). Thoy deliberately made the quote from the SCRA syllabus appear as the words of the Supreme Court, We admonish them for what is al the least Patent carelessness, If not an outrignt attempt :o Mislead the parties and. the courts taki'g cognizance to insubordination (Allied! Banking Corporation v. CA and Galeikta GR. No. 144412, Nevember 2003). ‘A iawyar’s conduét before the court should be characterized. by'. candor and {aimess, The ‘administration uf justice would gravely suffer if lawyers do not act wilh completa candor end honesty betore: the courts. (Svvana_v. Sandiganbayn, G.R. No, 152059, January 22, 22008), Rule 10.03 - A lawyer shall observe the rules of procedure and shall nat misuse them to dofeat the ends of justice. The aim of the lawsuit is to render justice to the parties according to law. Procedural rules are precisely designed to accomplish suci a worthy objective. Necessarily therefore, any attempt to porvert the ens for which they are intende deserves condemnation (Aguinalky v Aguinaldo L- 30362, November 1970), Filing multiple actions constitutes an abuse of the Court's processes. It constitutes improper coruct oat tends to impede, obstruct and degrade justice. Thos2 who file multiple or repetitive actions subject themselves to disciplinary action for incompetence or wilful violation of their Cuties. a8 attorneys to act with all good fidelity to the courts, and to maintain only such achons that appear to be just and consistent will, truth and honor (Pahlo R. Olivares vlc. vs. Ally. Arsenio Vilaion, Jr, A.C. No, 6323, April 13, 2007). Canon 11: Observe respect due to the Courts (1906 BAR EXAMS) All lawyers are expected recognize the authority of the Supreme Count and abey its lawl processes and orders. Despite ecrors which one may Impute on the orders of the Gout, these must be respected, especially ty the bar or the lawyers who are themselves officers of the courts we sfanan 1 FUNG CBR meadateettiat the lawyer Ban Beda College of Lav (Yap-Paras vs. Atty. Paras A.C. No. 4947, June 7, 2007). Respondent also violated Canon 11 of for his disrespect of tne court and iis officer when he stated that Judge Tan nes ignorant of the 'aw, that ar a mahjong aficirnado, he was studying ‘mahjong Instead of studying ta, and that he was a. ilar, (Re: Susponsion of Atty. Rogelio Z. Bagabuyo, Former Sanix: State Prosecutor, A.C. No. 7008, Octover9, 2007). Rule 11.01°- A Jawyer shall eppear in court properly attired.” Rule 11.02 - A lawyer shall punctually appear et court hearings. Ruls 14.03 + A lawyer shall abstain trom scandatous, offensive or inenacing language 7 behavior before the Courts. Rule 11.04 + A lawyer shail not attribute to @ Judge motives ot supported by the record or have no materiality to the case (1997 BAR EXAMS). Respondent ought to be aware that if a court oficial “or employee or a lawyer is to be discipined, the evidence against him should be substatfal, comhpetent and derived from direct ‘knowledge, nol 09 mere allegations, conjeciutes, suippostions,.. or on the “basis of hetsay (Corvantes vs. Ally, Sabio, A.C, No. 7828, August +1, 2008). Rule 11.05 - A lawyer shall submit grievances against a Judye te the proper authorities only (199 LAR EXAMS). “SAO ig wid observe" and insiftaln tha Mespect 2 couns and judicial officers and In conduct by otters, in ‘liberally, i mn gesting Leas a cevions motes and questo the i ity wer the te role oe enly ch ers moe ase, ond cifen bid Eyifado. v. 3. Pap bay, 1G.R. SES: Wovember RD ey i ourts nt does veo oY and crmcizeSan Beda College of Law MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES) 17, + However, what he can ordinarily say againat a concluded Itigation and the manner the jude handed down the decision therein may not generally br Said to @ panding action. The court. na Pending litigation, must be shielded fiom embarrassment or influence in its all important duty of deciding the case. On the otner” hand, once tigation Is concluded the judge who. decided it Is Subject to the same criticism as any other public official because then his. ruling becomes public property and, Is thrown ‘open to public consumy * But it Is the cardinal condition of all suciy eritielem that it shall be bona. fide, and shall (ot spill over the walls of decency and propriety (Zaldivar v. Gonzalo, supra} (1997 BAR EXAMS). Canon 12: Assist In the speedy and officient administration of Justice (1291, 1994, 19°6, 2003 AR EXAMS) All persons shall have tne righ! to'a speerty disposition of their cases before all judicial, qu judicial, or administrative bodies (Art 1, Se Constitution). 16 The fling of another action cenceming the same subject matter, in violation of the doctrine of res judicata, runs contrary to Ganon 12 of the Code of Professional Responsibilly, which requires a lawyer to exert every efirt and consider It his duty to assist in the speedy and affciont administration of justice, By his actvations, respondent also violated Rule 12.02 and Rule 42.04 of the Code, an well as a lawyor's mandate “to delay no man for money or malice.” (John Siy Lim vs. Atty.: Carmelo A’ Montano, A.C. No, 5653; February 27, 2006) Rule 12.01 - A lawyer shut! not appear for trial unless he has adequately prepared humself on the law and the facts of fis casc, the evidorice he wil! adduce and the order of its profference, He should a’so be ready with the original documents for comparison with tho copies, Rule 12.02.» A lawyer. shell not file muitisto actions -arlsing from the. same cause (1031, 1997, 1998, 2002 BAR EXAMS). Forum Shopping ~ is the ‘act of fing repattious suits in different courts, it Is committed through the following: 4. Going from one coli 16 another in the hope of securing a favorable relief In one cour, ‘which enother court has denied; 2 Filing repetitious suits of procesdings in diferent courte concerning the sane subject metter after one court has decided the sult with finality; or 3. Filing a similar case In a judicial court after receiving an unfavorable judgraent from an administrative trbuna’ + Forum shopping is prohibited by Supreme Court Circular No. 28-91, which Is now invegrated in Sec. § Rule 7 of the 1897 Rules of Civil Procecure, and the corresponding. ‘penilties for violation thereof are as follows!” 1 Failue i démply with the requirements still not be curable by mere amendment of the complaint or other initlatory pleading hut shall be cause for dismissal of the case wathout prljwice, vnless otherwise provided, upon motiot. and after hearing The submiasion ofa false cartfcation or non-compliance with any of the Undertakings therein shall constitute indirect coniempt of cout, without prejudice to the corresponding Administrative and oriminal actions, and 3. if the rots of the party or his counsel clecily consttute wilful end deliberate forum shopping, the same shall be ground for. summary dismissal with Drojudice end stall constitute direct contempt, as well as @ cause for administrate sarctions. coe aati _ ute 12.09 s)awyok shalt hot ater obtaining onsions ‘or tine" to" He; “pleadiags, "hiBmoranda or brieféztiebidne periog 9 ftout sutmiting. tho seme or of caalgron for is air fo 8 age Bie 1718 [2009 CENTRALIZED BAR OPERATIONS Petioner’s counsel should have been wary that ha was fing the 16° motion for exiension, containing substinllaly the same reasons as nis former motions, and that the court had already given him latitude of more than 200 days to fle bie appeal memorenduinibrief. Tt dismissal of the appeal cen only be atinouted to counsel's negligence (Ang vs. Or, Gragede, GR. No. 166239, Juno 8, 2006). Rule 12.04 - A lawyer shall not unduly delay @ ease, Impede the execution of x :udgment or misuse Court processes, ‘Once a judgment becomes final an! executory, the prevailing party should not be denied the fruits of his victory by some subterfuge duvised by the losing party. Unjustified dalay in the enforcement of a judgment sets at naught the role ct courts in disposing justiciable controversies wit) finality ‘Aguilar vs. Manile Banking Corpaition, G.R. No. 157911, Sept. 19, 2006). Rule 12.05 - A lawyor shall refrains from talking (o fils witness during a break or recess in the trial, while the witness is. still under ‘examination. Rule 12.06 - A lawyar shall not knowingly assist & witness to misroysresent finsell or {0 impersonate another. Rule 12.07 - A lawyer shall sot abuse, browbeut or harass a witness nor noealessly Inconvenience him, IUwas high’ inconsiderate tor the prosecutor and, the defense counsel to trade quips at the precise time Rowena wes re!.ns her’ harrowing experience. Courts are looked up to by the people with high respect and are regarded as places whore iitigants are heard, rights and conficts are settled and justice sclemnly dispensed. Levity hac tno place in the courtroom during the examination of the victim of ‘tape, and particularly at her expense (Poople'v. Nuguid GA Wo. 148991, January 2004). Testtying in behalf of tha Client: Rule 12.08 - A lawyer shell avoid testifying in behait of his client, except: 1. On format miatters, uch asthe mailing, authentication or custody of aa Instrument, and the like; or 2. On substantial matters, in cases where His testimony is arsential to the ends of Justice, in which event he must, ynerust tho tial casu teuding, (9. arausequblig opinion for or AGEKAMS) be RADE Tir OSes a san Weds Coltege of Law Canon 13: Avoid impropriety that tends to Influence the court (1994, 1997, 2000, 2091, 4003 BAR EXAMS) ‘A lawyer shall rely upon the merits of his cause and refrain trom any impropriety which tends to Influence, or gives the appearance of influencing the court The propriety of granting or denying the instant Fetitinn involve “the, weighing out of the constitutional guarantees of freedom of the press: ‘and the right 10 public information, onthe one hhand, and the fundamental rights of the accused, fon the other hand, along with the constitutional power of a court to control ie proceedings in ensunag a fait and Impartial tral, When these rights race against one encther, jurisprudence tells us tha: the right of the agcused mus! be preferea to win (Fe; Request Radio-TV Coverage of the Trial in tha Sandiganbayan of the Plunder Cases Against the Former President vosopn E. Estrada, AM No, 01 4-03-SC, June 29, 209). Rule 13.0! + A lawyer shall’ not extend extreordinary attention or hospitality to, nor ‘se2k opportunity for cultivating familiarity with Juages. A seltieepecting independence in the discharge of professional duty, without denial or diminution of he vourtesy and respect due the judge's staticn, is the only proper foundation for cordial, Personal and official relation between ‘bench ard bar (Luatona v. Bunyi AM, No. 1769, June 1992) Rule 13.02 - A lawyer sholl not make publle statements in, the media regarding a pending Jawyer shalt not.brook ax igfite rence’ by another branch ar agepey of te pear in orp the: Sein reprSan Heda College of Haro LAWYER'S DUTIES TO CLIENT Attomey- Client Relationship (1980, 1985, 1997, 1899, 2001, 2002 BAR EXAMS) Nature of Relation 4. strictly personal; 2. Inghly confidential, ard 3. fiduciary General, Rules Protecting Attorney-Client Roleiionshipe Best efforts must be exerted by the attorney to protect his client's talerest 2, The altomey must promptly account for any fund or property entnisted by oF received cor, his tient, 3. An attorney cannot purchase: his client's Properly ot interest in litigation, 4. Tha: privacy of communications snail at ull fimes be upheld. (1998, 2005, 2006 GAR EXAMS) 5. Avy attorney cannot represent 9 party whuse interest is adverse to that of his client ever. atter.the termination of the relation, Creation of Relation. Forms of Employment 188 Counsel to a Gliant 8. Oral = when the counsel is employed without 2 written agreement, but the conidtions and amount of attorney's feos are agreed upon. b. Express — when the toims and conditions including the amount of fees, are explicitly stipulated In a written document which may be a. ptivata. or public’ document. Written contract of attorney's f8e3 Is the law between the lawyer and the clr ©. Implied = when there is no ‘agreéinent, ‘wheter. oral.,or, waltten,. but: the client allowed the ‘laviyer fo render legal services nol intended to. be grajitous without objection, and the “olant’ is benefited by reason thereof, Note: While..'a.;witten “agreement for Professional setvices 1s the best evidence to show the relation, formality is not an essentia! element of the. amipleyment_of an, attorney. ‘The absence, of a. witen contract. wil not Preciuve a.finding thal there is a professional :_«itelationship,, Qocumeiary,fotmalism fs not on . escentia. elerfent'In the employment of an attorney: the ceritract niay be express or implied, (1891 BAR EXAMS) MEMORY AID IN, LEGAL ETHICS AND PRACTICAL EXERCISES] 19 Advontagos of @ Wiitien Contract betwoen the Lawyer and the Cliant a. It is conclusive as to the amount of ‘compensation b. In case of unjustified dismissal of an attorney, he shall be entitied to recover feom the clignt full comoensation stipulated in the contract (RA 636) Canon 14: Not to retusa hie sorvices to the needy (1990, 1982, 2006 BAR EXAMS) Rule 14.01 — A lawysr shall nut deciine to represent a porson solely on account of the latter's race, sex, creed or stotus of life, or because of his own opintalf regarding the guilt of sald person it Right to Decline Empleymoni (1993, 2006 BAR EXAMS) General Rule A lawyer Is not obliged to act ‘as legal counsel for any person who may wish to become his client, He has the sight to decile empluyment Exceptions: 4. A lawyer shall not refuse his services to the needy (Canon 14); 2. Hle shall not decine to represent a person solely on aozount of the lator’ race, sex, creed oF alalua of He oF because of his ‘own opinion regarding the galt of said person (I3ule 14,01) (1990, 1993, 2000, 2002, 20°8 BAR EXAMS), and He shall 201 dectine, except for serious and ="icion| cause lke (1, fhe Is nat in 8 position fo cary out the York effectively serosa if he labors: under a conti vean him and the prospecita dn irostaen present llent and th , eet cont 16.09). SPUR. P Guidelines ae Ai Bea ety pe Legal aig is a : tg me tea os _coIN CHOY soci Got BBo pyBpized as_~20-|2009 CENTRALIZED BAR OPERATIONS Duty to Destine Employment (1993 BAR EXAMS) A lawyer. should deine professiunal employment even though how aitractive the fee offered may be: if its acceptance will ‘involve: 1. A Wioletion of any of the rules of the legal profession; 2." Nulification of a contract which he Prepared; Advocacy in any matlar in which ne had Intervened while In the —governimant service; 4. Employment, the nature of which might ‘easily by used as a moans of advertising is professional services or his ski; 6. Employment with a collection agency, ‘whieh solicits business to collect claims, and 6. Any matter in which he knows or nas Feason.to believe that he: or his partna, will be an essential witness for the nrospective client. Ethical Considerations in Takivg @ a0:Cese (1996, 2001, 2002, 2005, 2008 BAR EXANS) + Ina Criminal Case: A lawyer may accep. @ losing criminal case devause every accused is presumed innocent unt Proven guitly and enjoys the right to sounsel ‘+ In a Civ Case: The'rules ‘and ethics of . the profession enjoin a lawyer from taking abad ¢ Reasons: 1. The attorney's signature in every pleading constitutes a certificate by hin that there 's good cause to support it and that iti Not interposed for delay and wilfut violation of such rule shail subject hi-n to dlscplinary action, 2. It is the attomey’s’ dity to “counsel or maintain buch: actions or proceedings ‘only a8 appear to him to be just and only such defenses as he bolieves to be honestly debatable undar the iaw 3, A lawyer is not to sncouraye either the so.qmencenient of the continuance of an action of praceeding, or deiay any man's cause, for any conupi motive oF interest 4. Alawyar must deciing to conduct a civil cause or to make a defense when convinced that'it Ia intended mere'y. lo harass of injure the opposite party or to ‘work oppression or wrong, Dau Beda College of Katy Howover, a lawyer may accept @ o%n.g Civil case provided thai, in so doing, he must not engage in dilatory tactics ‘and ‘must advise Fis sient about the prospects end advantages of settling the case through a compromise. " Rute 14.02 - A lawyer shall not decline, except for appolnunent amicus curtae, or serious and sufficient cause, an counsel de. ofticio or as @ request from the Intograted Bar of the Philippines or any of its chapters for rendition of free tegal ald (1591, “993, 1994, 1904 $898, 11001, 2002, 2004, 2006 BAR EXAMS) Rulo on Mandatory Legal Ait Service (EM. No. 2012)" This Resolution shall take effect on July 1, 2008 following publication of the #aid Rule ang its implementing regulations in at'*least two. (2) newspapers of genora! ercylation: Purpose: This Rule seeks fo enhance the duty of lawyers to sociely as agents of social chaiige and to the courts as. officers thereof by helping Improve access to justice by the lass privileged ‘members of society and aypedite the resolution of cases invotving them Definition of Tevigs: a. Practicing lawyers ere members of the & Phiippine Bar who appear fr and in behalf of partes in cours of "sw and quashjudical agencies. The term "pracuclng iauyers" shal exeuce: 1 Government employees and incuinbent encive officias ret alowed ay law to practice lis Lawyers. wha sbyvaw,2t@ not allowed to ani ‘ooury 20 i eRe clas, {n law etudentipracticmin duly legal cries af aw. s NGOs)and péopies’ Ew By “Berend, aa cers sdpsaty we cauyersy © cat “elipubparadrapne (i werarann 05 a 8 haa a eee oe iif can fewer ihn, City of Naga (SR. Cctover 2006, 506 SCRA 81);San Beda College of Lay + Sec, 19. Rule 141, INDIGENT LITIGANTS are those whose gross: income and that of their immediate family do not exceed an amouat double the montnly minimum wage of an employee and who do not own MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES | 24, Practicing lawyers shall indicate in alt pleadings filed before the courts or quasi- judicial bodies the rumber and date of issue of their carliicete of complianze for ‘he immediately preceding compliance period real property with a fair market value as stated In the current tax Panalies Zeclaration of snore than sree 1. AL the end of ‘every talendar year, any hundred thousand pesos practicng lawyer who fall to meet the ' + Secon 21. Rue 3. INDIGENT frisimura prescribed 60 hours of legal id be PARTY A party may be authorized te litigate his action claim or defense as fan Indigent if the court, upon an ex service «ch yent shall be required -by the BP, through the NCLA, to exptain why he \was unable to render the minimum prescribed ' hg parte application and hearing, is umber of hours. 7 +” Satisfied that the party is one who has 2. If no eaplanalion has, been, given oF I the : fr no money oF property suifcient and NCLA finds the explaratigR unsatisfactory, ‘ | available for food. sheller and basie ths NCLA shall make ja report and i necessities for himself and his family recommendation to tne BP Board of f pe Governors that the erring laivyer be declared i FP]. @ Legal ald cases are those actions, disputes, ‘a member of wie IBP who Is not In good * i S: and controversies that are criminal, civil and standing. | Bey ‘administrative in nature in whetever stage 3. Upon approval ofthe NCLAS f Ho wherein indigent and paper itigants need rocommendaon, the IBP Board of Governors, : LE legal representation.” Shall declare the erring lawyer as 8 member | 2 Requirements: rot ia good standing. (Every practicing lawyer is required to 4, ‘The notice to the lawyer, shall inckide o ' my render a minimum of sixty (60) heurs of directive te pay Four Thousand Pesos : free legal aid services to indigent itigants (4.005) penalty whist shall accrue to the ; : ina year. Special fund fet the legel ald program of the ae Saud 60 hours shall be spread within 1BP. 5 period of twelve (17) months, with 3 5, “The “not in good standing" declaration shall i) Ininimum of five (8) haus of free legal aid be effective for a period of three (3) months services each month. from the receipt of the erring lawyer of the However, where it Is necessary. for the notice ir. the IBP Board of Governors, ‘practicing lawyer to render legal aid 8, During the said period. the lawyer cannot appear in court or any quas! judicial body as counsel service for more than five (5) hours In one ‘month, the excess hc urs may be credited to the sald lawyer for the succeeding 7. Provided, however, that the “not in guod periods. stencing lateral vn Or i, The practicing fasyer shall report ‘apse (ei the! trae patiod until an complenee wih the requrement wihin. Ys necethi para th fn pald ten (10) days of the last month of each Bf any lawyer no ope eportoly wih Ne Gas quarter of the year. Shree ng “aug far at pas BNE) ii, A practicing lawyer shall be required to py secclive “Ved th ‘of secure and obtain a certiicate from the qyocet Seaelnst ipa nol Cark of Court attesting to the number of ine ; ‘hours spent tendering trea legal. sid servicos in a case, : and iv. - Said compliance repoit shall be subiaitted wlth to tre Legel Aid Chaitperson of the 18° Chapter within the courts jurisdiction t v. The IBP Chapter. shall, aiter verification, eles, ' issue «a compliance certificate to. the latter to concerned lawyer. The 1BP Chapter shall Bipevorse the fivn submit the compliance reperts to the Exrient to fulfil fees Nationa! Committee on Legal Ald iolaion of his I (NCLA) for recording and documentation. %and loyalty In all \ WW22 [2009 CENTRALIZED BA®.NPERATIONS. San Beda College of Las ee EE His dealings and transactions with his clients." + An attorney owes loyalty to his client nat (Consoreia S, Rollon va, Aity, Ganulo Naravel, ‘only in the case in which he has AG. No, 6424, March 4, 2005) represented him but aiso after the relation of attomey and client has terminates, Rule 18.01 - A lawyer, In conferring with a (Samale v. Vakencia, A.C. No. 5439, prospective client, shail ascertain as soon as January 22, 2007) practicable whether the matter would invoive 2 conflict with another client or his own Testa o Deterine Canflting itaresta Interest, and if so, shall forthwith inform the Will the attomey ze required to contest for prospective client. that which his “duty to another client Fequires ‘him to oppose? (Conliting Rule 18.02 ~ A lawyer shall be bound by the diutias) rule on privitege communication in respect.ot 2, Wil the acceptance of @ new relation matters disclosed to him by a prospective invita suspicion and/or actually lead to ellent. Unfalthfulness or double-dealing towards another client? (Invitation of suspicion) + Dean Wigmore lists the essuntiat factors to 5, Will the ‘attorney be called upon in his. establish the existence of the attorrey-client naw ialation to use against his first client privilege. communication, viz: (1) Where lege! any knowledge acquired. in the previous advice of any kind Ig sought (2) from a employment? (Use of iia ‘knowledge professional legal adviser in his capacity as obtained) ‘such, (3) the'gommunications relating to that purpose, (4) made in confidence (5) by the + _ There is conflct of interest when a lawyer cilent, (6) are at his instance permanently sepresents inconsistent interests of two or protected (7) from disclosure by himself or by more opposing patties. This rule covers, the legal advisor, (8) except the protection be fot: only cases In which confidential walved (Ma, Luisa Hadjula vs. Atty. Roceles ‘communications have been confided, but F Madiancis, A.C. No. 8711, Juiy 3, 2007) also those In wniett no confidence has een bestowed cr will be used. Rule 15.03 ~ A lawyer shall not represent : conilicting interests excopt by written consent +A lawyer's immutable duty to a former of all concemed given after a full disclosure of client does not cover transactions that the facts ocurred beyond the lawyer's employment with the cient. The intent of Conflict of Interest (1991, 1992, 1993. 1994, tle law is to impose upon the lawyer the 1997, 1999, 2000, 2001, 2002, 2003, 2004, 2005, duty to protect the client's interests only 2008; 2008 BAR EXAMS) con rratters that he previously handled ‘or the former client 24 not for matters that Duty of a Lawyer to His Clien: in Case There arose alter the lawyer-client relaticashiy ‘Conf of Interest na, ee, pe Le Santego vs vf AC. No. 670. + Tost: ho testis whatner, on benoit ot SAS one lant, Ris the. lowyors. duty to é Contest for that which hi ity (> enter Cant req ives Hm lo oppoue or wen the possPly of such sitaton wi dovclop (Hobs of Lye Felon vs Ay. Bape ‘am Case No. 6876, Mor , 2008) +The proscription against representation of conficting interest finds application where the confllting Intaraute avis with ocpect fo the same general mutter and is applicable however slight such adve, se Interest may be; the fact that the confict of interests is romote or merely probable ae does not make the prohibition inopurative a party ina comprOrRaiE he cannot, (Pormento \. Paniavecrs A “B26 oie iawyer topresentet 55)San feds College of Law MEMORY AD IN LEGAL ETHICS AND PRACTICAL EXERCISES) 23 another client wiioseeks to nullify the Immediately return the money to the cllant. agreement. (Vilanueva v, Gonzales,” A.C, No. 7657, Febriary 12, 2008) Efiects of Representing Adverse interests 4. Disqualification as counsel of new client Rute 16.02 - A lawyer shail keep the tunds of ‘on petition of former client; each cliont sooarate #ad apart from his own 2, Where such Is unknown to, and becomes and those of others kept BY him, prejudicial to: the interests of the new : lent, @ judgment against such may, on Rule 16.04 - A ia vyer shall not borrow money that ground, be se: aside; trom his cllent taloss te client's Interests are 3. A lawyer can be held ad tally protected by the nature of the case or by liable through disciplinary action and may Independent advice. Nelther shall a lawyer be held criminaily liable for betrayal of Jong, money to a elfent except, when in the nd interest of justice, he has’ to advance 4, The’ attomey's right to fees may be nocessary expenses In @ legal matter he is defeated If found to be relates to such handling for the client. conflict and, such was objected to by the by former. client,” or if there was 9 Prohibition Against Purctiase of Property in conceaiment and srejudice by reason of Litigation. we the attomey's previous . professional ser relationship with te opposite party Elements of Prohibition: 5 {Theres an attomey-cllent relationship: Rule 18.04 - A lawyer may, with the written 2. ihe property is in figation; consent of ail concemud, act as mediator, 3. The attomey is the counsel of record in tonelliator or arbitrator in settling disputes. the case: and 4. The attorney, by himself or through an Rule 15.05 — A lawyer, when advising nis agent, purchases such propery during client, shall give @ candid aiid honest opini on the merits and protiable results of client's case, ‘neither overstating nor Underststing the prospevis of the ca: the pendency of sald case (Art, 1491 of the Civil Cod). Instances Whore Rui Is inapplicable: 1, Where the property purchased by @ Rule 15.06 ~ A lawyer shell not state nor lmily lawyer was not Involved in Itiga that he és able to influence any public officia, 2. Where the sale took place before it {ribun... or leg.stative body. became involved in the sult fl 3, Where the attorney at the time of, the ‘+ This rule is known as influence-peddling purchase wes not the counsel’ in’ the Ruta 15.07 ~ A lawyer shall impress upon his 4 tne, purchaser of the property in client camplanes with the laws and the ‘even though Principles of fairness. Rule 15.08. =A lawyer who Is engaged in another “phntession or —_o¢zupation concurrently with tlie practice of law shail make clear to his client whether he is acting as a lanyer orin enother-cepacity, Alawyer hs) gligat.9 in fre Conon 48: Hold tn, Trust all the monoy and Broperiy of; his, client that may. come to his possession“ Rilo 10.01 =A lawryar shall account for al ‘money or property collected or recolvad for ar from the cllent. © If'a fawyer does not use the money for the intended purpose, the lawyer must Er24 12009 CENTRALIZED BAR OPLAATIONS Gan Bera College of Labs Canon. 17: OW9s fdallty to the cause of his client and Be mindful of the trust and reposed In him (2007 BAR EXAM : PU meatier {Good.oral, exp. feRses itself In the, wil eae ieee fora isc and fe recover as won (Condon Bales Pee Ne 287, Ocbor KUBSEMEE Sie Be 7 Ir ty" and integMty. of oleae poled Covarenrg we cer «the: lawyers ves «tha extrer tana Maga ie Pisemandes. We Go. os AGING. T8R6; enyary, Canon 48: Serve ijont with competence and ditlgonce ({998):2001, 2002, 2005 BAR EXAMS) Dilgdince Is: therathtion and care required of a ‘parson n'a grt sation an the pps ot negligence, fe axjomatic In Ihe, practice of lav thatthe price of sicqoag is eternal cligence to Lie ‘cause of tha cllent (Edquibal v. Forrer, AC No ‘5607, February 2008}, 6) (2007 BAR EXAM). A. Duty to Protect the Client's Interests gOS ALN bagel nf Rute 18.01 - A lawyer shall aot undertake z lagal servico which ho knows or should ‘know that he. ts‘ not qualified to render. However, he may render such service if, with the consent of his client, he can obtein-as collaborating counsel a lawyer Who is competent on the matter, Rule. 1809':'A:tawyor shall not neglect a Jogal ‘matter: entrusted to him, and: his negligence in. connaction therewith stall ‘render. him Vabje (1998, 2002 BAR EXAMS). j V's" duly lo safeguard the 2 “client's “interests commerices from nis +, jetalner Uintll.is effective release from the “case oF tha fil disposition of the whole subject ‘of the litigation, During that ‘period, Re fs ‘expected to\ take “such Aly. “Melani “Batis” Mauricio was suspended for six montis and. stony warmed against'a repetition of the same offense:, The penalty stemmed from Atty Mauricio’s receipt of 56,000.00 10 rrandie his client's cases bul rendered ro ©. Duty to Keop th service at all! (Oallaay v. Atty. stelaito “Batas” Mauricio, A.C, No. $655, April, 2005) : eaten sa binding t ‘r bite aaa +, prudence i¢ltand ee ee fe Rule 18.04 - A laivyr shill keep; the cllant informod .of the ‘statua‘of his.case and Shall respond. vith;nia séasonable tne to the client's request for information. : NY AHAB aa + He should notify file. cllen} of anv’ adverse Seciton wi wit We pated is eppeal to enabia his’ alent: toldecide wheter to seek’, an appellate reWlewi" He "should comniynicate with him: concerning. the withdréwal of appeal, with all, ts adverse consequences. ‘The. client is entiled to the fullest disclosure’ of the mode or ‘manner by which his interest is defended + Docirina of Inputed’ Knowlodge ~ the knowiedge accuired by an attomey during the time that he's acting vathin the scope cof his authority. ls'Imputed to the client (Ramirez v. Shorition Pampanga, 76 Philie San Beda College of HLetw MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 25 ie 2. Service of notice upon party instead resist and should never follow any. unlawhul a ‘of upon his atiomey is ordered by instruction of his ent a court iI 3. Notice of pre-tral is required to be Canon 19: Represent with Zeal and within the served upod parties ard thelr bounds of law (1884, 1997, 2001, 2003 BAR oa respective lawyers; and EXAMS) 4. Ie appeal trom the lower court to tne RTC, upon ducketing of appeal Under this Rule, @ tawyer should not fle or Failure to appeal to CA despite threaten to fle any unfounded or baseless instructions by the clent to do so criminal case or cases against the adversaries of constitutes inexcusable negligence his client designed to seuir. @ leverage to compel ‘on the part of the counsel. Canon 18, the adversaries to ylold or withdrew thelt own t Rules 18.04 nf the Code of cages agains! the lawyer's client (Femardo Nlartin i Professional Responsibility requires @ © Poa vs. Atty Lolto G. Aparicia, A.C. No, lawyer to Keep fis eliant Informed of $298, June 25, 2007) the status of thy case and respond Wnts" eotonae ee he 4 put to Resin Genta mpepity client's request for - information i (Abiero vs. Juarino, A.C. No. 6302, Rute 19.01 - A lawyer alfall employ only Febiliary 2008). fair and honest moars to attain tho lawful objectives of his ollint and shall not presont, participate in proseming or threaten {0, prosent untounde? criminal charges to obtain an Improper advantage D. Duty When the Accused Intends to Plead Guilty (1884, 2000, 2001 BAR EXAMS) +A plea: of guilty is an admission by the in any case of proceeding (1997 BAR accused of his guilt of crime as charged in the EXAMS) information and of the truth of the. facts alleged. including the qualifying and «+A lawyor should use his best efforts to aggravating circumstances. restrain and to prevont his client from + Itis the duty of the defense counsel when his Going those thing whiol. he himself oujht client desires to enter a” plea of guity 'o not to de, particularly with reference fo (aceray the conduct fowerd the court, judicial Fully Acquaint himeolt with the records officer, wines and euilor and if the client and surrounding circumstances: of the persists in such wrong doing, the lawyer case; should teruinate their relalion (Surigao 2. Confer with the accused and obtain from Mineral Fest vation Board v. Clore! L- him his account of what had happened: 27072, Janay 1970). 3. Thoroughly Explain to him the Import of « guilty plea and the, inevitable conviction B. Duty to Advice Candidly (2003 BAR EXAMS) that wll follow; : i Ge ae 4, See to it that the, prescribed Procedure ‘which éxbeflence: has’ sown to 26 necessatyto the ecministration of justice 's sirctly folowed and, daciosed in the © court records; and,” 8. Advise him of his constiatisnal righte E; Duty to Comply With tho. Cllent's Lowtul Request [layer should endécels #ee suction tom his client on any subiétatitial matter concerning the gation, which may quire dedision on the part of the client, such a8 whethnr te compromise the cease oF to appeal an unfavorable judgment. He should give his olient sound advice on any such ‘nd similar matters and comply with the client's lawful instructions relative theres, He shoud