1.

) Requirements for Admission to the BAR (CRAGNET)

 Citizen of the Philippines
 Resident of the Philippines
 Age – 21 y/o
 No charges involving Moral Turpitude
 Evidence of Good Moral Character
 Sign Roll of Attorneys
 Lawyer’s Oath

2.) Counsel-De-Parte

 An attorney retained by a party litigant for a fee, to prosecute or

defend his cause in court.

Counsel De Officio

 An attorney appointed by the court to defend an indigent defendant

in a criminal action or to represent a destitute party in a case.

3.) Rule on advertisements

A lawyer advertised in the newspaper the following:

"Expert in annulment of marriage. Fast and sure. Consult anytime."

Is the advertisement proper? Explain. (2.5%)

No, the advertisement is not proper.

Under the Canon 3 of the CPR, a lawyer in making known his legal
service shall use only, TRUE, HONEST, DIGNIFIED, OBJECTIVE
INFORMATION/ STATEMENT OF FACTS.

In the case, the way that the advertisement was shown is that the
lawyer is an expert in his field and would give an impression that he
can always attain a favorable judgment for his clients. As such is not
the case, for the reason that it is only the courts who can decide the
 outcome of the case based on a judgment on the merits. Thus, the
advertisement is improper.

 CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL

SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.

Rule 3.01 - a lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or
unfair statement or claim regarding his qualifications or legal
services.

The standards of the legal profession condemn the lawyer’s

advertisement of his talents.

4.) Rule on Lawyers work.

 CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY,

ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.

 Rule 9.01 - A lawyer shall not delegate to any unqualified person the
performance of any task which by law may only be performed by a
member of the bar in good standing.

5.) What constitute the practice of law? A – I/OC, RAPL, LP, K, T, E.

 In a landmark case decided by the Supreme Court, the practice of law

is any activity, in or out of court, which requires the application of
law, legal procedure, knowledge, training and experience.

6.) What is the Sub Judice rule?

 The rule restricts comments and disclosures pertaining to pending

judicial proceedings. It not only applies to participants in the pending
case but also to the public in general. The danger posed by this class
of speech is the UNDUE INFLUENCE it may directly exert on the
 court in the resolution of the criminal case, or indirectly through the
public opinion it may generate against the accused and the adverse
impact this public opinion may have during trial.

7.) Retaining Lien

 It extends to all of a client’s property that an attorney might come

into possession of during the course of the lawsuit. Until an attorney
is compensated for services, he or she has a claim or interest in such
property.

Charging Lien
 It is an attorney’s right to a portion of the judgment that was won for
the client through professional services. It is a specific lien and only
covers a lawyer’s claim on money obtained in a particular action.

8.) 2 concepts of attorney’s fees

 In its ordinary sense, it is the reasonable compensation paid to a

lawyer by his client for legal services rendered.
 In its extraordinary concept, it is awarded by the court to the
successful litigant to be paid by the losing party as indemnity for
damages.
 The two concepts of attorney’s fees are similar in other respects. They
both require, as a prerequisite to their grant, the intervention of or the
rendition of professional services by a lawyer.

9.) Effect of affidavit of desistance? BARQ 2019 Set A, #6.

 Atty. U was being investigated by the Integrated Bar of the

Philippines regarding a complaint for immorality filed by his wife, Y.
Pending resolution of the case, complainant Y filed an affidavit of
desistance and withdrawal of the complaint on the ground that she
mistakenly filed the complaint out of jealousy.
 What is the effect of Y's filing of an affidavit of desistance and the
withdrawal of her complaint in the administrative case against Atty.
U? Explain. (2.5%)

The filing of the Affidavit of desistance and withdrawal of the

administrative case by the lawyers wife has no force and effect.

Canon 1, Rule 1.01 in the CPR state that, a lawyer shall not engage in
the unlawful, dishonest, immoral or deceitful conduct. The general
rule is that no investigation shall be interrupted by an AOD or WOC
to prosecute unless the Supreme Court, MOTU PROPIO or the IBP
Board of Governors determines that there is no more compelling
reason to continue with the proceedings.

Administrative complaints filed against a lawyer is a sui generis

proceeding, it is neither civil nor criminal. The question to be
resolved is W/N the lawyer is still a fit person to be given the
privilege to practice law. Thus, in the instant case, the move of the
wife is immaterial.

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY

THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF
AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.

10.) What is Forum Shopping, What are the elements?

 It is the institution of two or more suits in different courts, either

simultaneously or successively, in order to ask the courts to rule on
the same or related causes and or to grant the same or substantially
the same reliefs. It is an act of malpractice because it degrades the
administration of justice and adds to the already congested court
dockets.
  Elements: 1.) identity of parties, 2.) identity of rights asserted and
relief prayed for, the relief being founded on the same facts, 3.) the
identity of the two preceding particulars is such that any judgement
rendered in the pending case, regardless of which party is successful,
would amount to res judicata in the other.

 That I have not commenced any action or proceeding involving the

same issue and specifically the same ________in the Supreme Court,
the Court of Appeals or any other tribunal or agency, particularly
before the Office of the City Prosecutor of
____________________________________; that to the best of my
knowledge, no such action or proceeding is pending in the Supreme
Court, the Court of Appeals or any other tribunal or agency, and that,
if I should learn thereafter that a similar action or proceeding has
been filed or is pending before these courts or tribunal or agency, I
undertake to report that fact to the Court within five (5) days
therefrom.

11.) Conflict of interest. BARQ 2017 #5

 CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS

AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS
WITH HIS CLIENTS.
 Rule 15.01. - A lawyer, in conferring with a prospective client, shall
ascertain as soon as practicable whether the matter would involve a
conflict with another client or his own interest, and if so, shall
forthwith inform the prospective client.

 There is conflict of interest when a lawyer represents inconsistent

interests of two or more opposing parties. The test is “whether or not
in behalf of one client, it’s the lawyers duty to fight for an issue or
claim, but it is his duty to oppose it for the other client.
 There is also conflict of interest if the acceptance of the new retainer
will require the attorney to perform an act which will injuriously
affect his first client in any matter in which he represents him and
also whether he will be called upon in his new relation to use against
his first client any knowledge acquired through their connection.
12.) Sharing of Fees. BARQ 2017 #7. Division of Attorney’s Fees.

 CANON 9 – A lawyer shall not, directly or indirectly, assist in the

unauthorized practice of law.
 With respect to the division of attorney’s fees, he can only split it
with another lawyer who, together with him, has rendered legal
services, with respect to the case at hand.
 The lawyer splitting fees to a non-lawyer is condemned as it would
create chaos and confusion between members of the bar and the
clients.

13.) What is champerty?

 CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH

ZEAL WITHIN THE BOUNDS OF THE LAW.

 Rule 19.01 - A lawyer shall employ only fair and honest means to
attain the lawful objectives of his client and shall not present,
participate in presenting or threaten to present unfounded criminal
charges to obtain an improper advantage in any case or proceeding.
 A champertous contract is defined as a contract between a stranger
and a party to a lawsuit, whereby the stranger pursues the party’s
claim in consideration of receiving part or any of the proceeds
recovered under the judgment.
 Such agreements are against public policy. It violates the fiduciary
relationship between the lawyer and his client.

14.) Attorney of record

 An attorney whose name together with his address is entered in the

record of the case as designated counsel of the party litigant in the
case and to whom judicial notices relative thereto are sent.
15.) Amicus Curiae

 Friend of the court, an experienced and impartial attorney invited by

the court to appear and help in the disposition of certain issues
submitted to it.

16.) Moral turpitude

 It includes everything which is done contrary to justice, honesty,

modesty or good morals.
 An act of baseness, vileness or depravity in the private and social
duties which a man owes his fellowmen, or to society in general,
contrary to justice, honesty, modesty or good morals.

17.) Immoral Conduct

 That conduct which is so willful, flagrant or shameless as to show

indifference to the opinion of good and respectable members of the
community.
 Furthermore, such conduct must not only be immoral but, GROSSLY
IMMORAL, that it must be so corrupt as to constitute a criminal act
or so unprincipled as to be reprehensible to a high degree or
committed under such scandalous or revolting circumstances as to
shock the common sense of decency.

18.) Disbarment

 Sui Generis proceedings.

 Disciplinary proceedings against lawyers. It is neither purely civil nor
purely criminal. They do not involve a trial of an action or a suit, but
are rather investigations by the court into the conduct of its officers.
 They may be initiated by the court motu proprio. Public interest is
their primary objective, and the real question for determination is
whether or not the attorney is still a fit person to be allowed the
privilege to practice law.