ENEO CENTRAL ‘BAR OPERATIONS 2018 LEGAL ETHICS BLUE TIPS 1; State the LAWYER's OATH AM: \, Philippines, do solemnly swear that | will maintain allegiance to the Republic of the | will support its constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; | will do no falsehood, nor consent to the doing of any in court; | will not wilingly nor wittingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; | will delay no man for money or malice, ‘and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the court as to my clients and | impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God. Q2: What is the effect of FAILING to take the LAWYER'S OATH? ‘A2: A successful bar candidate who was allowed to sign the Roll of Attorney's but was unable to take his ‘oath before the Supreme Court, although he paid his IBP dues and listed as qualified voter in I8P affairs cannot be admitted to the Bar without having actually taken his oath of office as an attorney. (In re: Elmo Abad, B.M. No, 139, March 18 1983) Q3: What is the effect of FAILING to sign the ROLL OF ATTORNEY'S? [A3: . Practicing law while failing to sign the Roll of Attorneys will make the offender guilty of unauthorized practice of law. (In Re: Petition o Sign in the Roll of Attomeys, B.M. No. 2540, September 24, 2013.) Q4: WHAT IS THE HEIRARCHY OF DUTIES OF A LAWYER? [SPCC] 4, Society 2. Legal Profession 3. Courts 4. Clients, in that order. (Cruz v. Alino-Hormachuelos,2004) PRACTICE OF LAW QS: What are the QUALIFICATIONS FOR ADMISSION TO THE BAR? [F21-Good-Resident MEBO] AS: 4. Filipino Citizen 2. Atleast 24 years of age 3. Of GOOD moral character, and 4, ARESIDENT of the Philippines He must also show that: 4. No charges of Moral turpitude are filed or pending against him; 2. Possesses the required Educational qualifications (including a 4-year pre-law degree in an authorized or recognized university or college). Must have already earned a Bachelors Degree in Arts or Sciences (PRE-LAW); LAW course - completed courses in Civil Law, Commercial Law, Remedial Law, Criminal Law, Public Intemational Law, Poltical Law, Labor and Social Legislation, Medical Jurisprudence, Taxation, Legal Ethics Pass the Bar examinations (Secs. 14 & 17) ‘Other qualifications as may be prescribed by the Supreme Court. (In Re: Cunai 1954) Q6: When does a Bar passer become a full-fledged lawyer? AB: 4. Pass the Bar exam; 2. Take the Lawyer's Oath; and 3. Sign the Roll of Attorneys, (Aguirre v. Rat 1, 2003) Q7: When must the requirement of GOOD MORAL CHARACTER be present? AT: The requirement of good moral character is not only a condition precedent to admission to the practice of law, its continued possession is also essential for remaining in the practice of law. (In the Matter of the Disqualification of Bar Examinee Haron S, Meling in the 2002 BAR Examinations) ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 1 OF 17LEGAL ETHICS BLUE TIPS INS 2018 lat are some FACTORS determinative of engaging in the practice of law?[HACA] 1, HABITUALITY, which implies customarily or habitually holding oneself out to the public as a lawyer (People v. Villanueva, 1965) 2. ATTORNEY-CLIENT RELATIONSHIP; 3. COMPENSATION, which implies that one must have presented himself to be in the active Practice and that his professional services are available to the public for compensation as source of his livelihood or in consideration of said services; and 4, APPLICATION of law, legal principle, practice or procedure, which calls for legal knowledge, training and experience. (Agpaio, Legal and Judicial Ethics, p.28,2008, cting Cayetano v. Monsod, Padilla Dissenting opinion of Justice Padila) Q8: A Filipino lawyer became a citizen of another country and later reacquired Filipino citizenship under RA 9228, Does s/he automatically regain his right to practice law? ‘A9: NO, There is no automatic right to resume law practice. The lawyer must apply with the Office of the Bar Confidant for a license or permit to once more engage in law practice. The applicant must comply with the following requirements: Petition for Re-Acquisition of Philippine Citizenship Order (for Re-Acquistion of Philippine Citizenship); Oath of Allegiance to the Republic of the Philippines; Identification Certificate (IC) issued by the Bureau of Immigration Certification of Good Standing issued by the IBP Certification from the IBP indicating updated payments of annual membership dues; Proof of payment of professional tax; and Certificate of compliance issued by the MCLE Office. (In re: Dacanay, 2012) ze-eanep Q10: Who are PUBLIC OFFICIALS ABSOLUTELY PROHIBITED from practicing law? [PRESIDENT- JOGS-COG] ‘M0: 1. President, Vice-President, members of the cabinet, their deputies and assistants (Art. Vil, Sec. 15 1987 Constitution) 2, Judges and other officials as employees of the Supreme Court (Rule 138, Sec. 35, ROC); 3. Officials and employees of the Office ofthe Solicitor General (OSG) 4. Those prohibited by Special aw 5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution) 6. Ombudsman and his deputies (Art. IX, Section 8 1987 Constitution); and 7. AllGoverors, city and municipal mayors. (Section 90(a), Locel Government Code) 11: Who are PUBLIC OFFICIALS QUALIFIEDLY PROHIBITED from practicing law? Att: 1, Members of the Legislature (Art. Vl, Sec. 14) 2. Sanggunian Members (Local Goverment Code, Sec. 91) The prohibition is qualified because such oliciels are not prohibited from the practice of law, but they cannot sign pleadings as counsels. (Puyat v. De Guzman, 1982) (Q12: X was a name partner in the law firm X, Y and Z. X was elected Mayor of San Juan. Although X had made it clear to his partners and the public that he would no longer be participat business of the law firm during his tenure as Mayor, the law firm decided to leave X's name on the firm's letterheads and in the firm's signages outside thelr office. s this proper? ‘A12: NO. Pursuant to the Local Government Code, governors are prohibited from the practice of law during their tenure and for @ period of 1 year after resignation, retirement or separation from public ofice. (Sec. 90(a), Local Govemment Code). Additionally, Rule 3.02 of the CPR provides that inthe choice of firm name, no false, misleading, or assumed name shall be used. (Rule 3.02, CPR) ‘Q13: May a PUNONG BARANGAY practice law during his tenure? ‘A13: YES, but subject to the approval from his Department head as required by civil service law. There is ‘no law prohibiting the Punong Barangay or Sangguniang Berangay trom practicing law. (Catu v. Rellosa, 2008) Q14: When Is giving legal advice considered as practice of law? ‘A14: Giving personalized advice on a party's rights and obligations under the law constitutes practice of law if done habitually and for compensation. (People v. Villanueva, 1965) The advice should however, refer to actual controversies or to matters which could ripen into actual controversies, ‘Q15: Atty. X was suspended as a member of the bar for a period of one year. During the period of suspension, he was permitted by his law firm to continue working in thelr office, drafting and preparing pleadings and other legal documents but he was not allowed to come Into direct contact with the firm's clients. Atty. X was subsequently sued for Illegal practice of law. Would the case prosper? {A1B: YES. Practice of law constitutes habitually carying out the function of a lawyer for compensation. Drafting and preparing pleadings and other legal documents demands the skill of a lawyer, His not getting into direct contact with clients is of no import because it is the nature of the service and how itis being performed that is determinative of practice of lew. (Cayetano vs. Monsod, 1991) ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED, PAGE 2 0F 17{ATIONS 2018 LEGAL ETHICS BLUE TIPS 16: X, A 4™ year law student, sought to enter his appearance for and on his behalf as plaintiff in a civil case. Judge Z, relying on the Law Student Practice Rule (Rule 138-A), required X to secure a written permission from the Office of the Court Administrator before he could be allowed to appear as counsel for himself. X argued that he, as plaintiff, should be allowed to personally litigate the case. Is X correct? M6: YES. Judge Z was misled by the fact that Mr. X is a law student and must, therefore, be subject to the conditions of the Law Student Practice Rule. The Rules allow the appearance of a non-lawyer as a party representing himself. The individual litigant may personally do everything in the course of proceedings from commencement to the termination of the litigation. (Cruz v. Mijares, 2008) Q17: Atty. X, a former government lawyer, handled cases involving a GOCC. Subsequently, Atty. X entered private practice and represented Y against the same GOCC, albeit on a different matter. Does this violate the rule prot i ‘engagement or employment with any matter in which he had intervened whi ‘AIT: NO. The prohibition applies if the subsequent case involved a matter in which Atty. X had intervened while in the government service. Intervention to be a bar, means one hat is substantial and significant as. to influence the present proceedings. (PCGG v. Sandiganbayan, 2009) 18; Distinguish BARRATRY from AMBULANCE CHASING MB: Barratry is the offense of frequently exciting and stiring up quarrels and suits, either at law or otherwise. Itis the lawyer's act of fomenting suits among individuals and offering his legal services to one ‘of them. (In Re: Tagorda, 1929) Ambulance chasing is the solicitation of almost any kind of legal business by an attomey, personally or through an agent in order to gain employment. (Linsangan v. Tolentino, A.C. ‘No. 6672, 2009) Q19: DEFINITION OF TERMS TERM DEFINITION. Helse belongs to a class of persons who are licensed offcers of the courts, ATTORNEY AT | empowered fo appear, prosecute and defend, and upon whom peculiar duties, | | LAW responsibilities, and lablties are developed by law as a consequence. (Cui v Cui, 1964) ATTORNEY IN| Helshe is an agent. not necessarily lawyer, whose authoriy to represent ORNEYIN | another is strictly limited by the power of attomey appointing him/her T __| Phuppine Legal Eneylopeia) ae e: Heishe is one who has fled a notice of appearance and hence ie formally| COUNSEL OF | mentioned in court records as the offcial attorney of the party. He/she is a RECORD | person whom the cient has named as his/her agent upon whom service of papers may be made, (Reynolds v. Reynolds) Helshe is a lawyer who is retained by a paryritigant, usually for a fee, to | COUNSEL DE | prosecute or defend his cause in court, The term implies freedom of choice | "PARTE | either on the part ofthe attomey to deciine or accept the appointment, or on the: ___| part ofthe itigant to continue or terminate the retainer at anytime. [COUNSEL DET He’she is a lawyer or attomey appointed by the coun to represent a party, OFFICIO | usually an indigent defendant, in a criminal case. (People vs. Daban, 1972) “amicus CURIAE | He/she is an experienced and impartial atfomey invited by the Cour to appear and help in the disposition of issues submitted to it. (Rule 168, Sec. 36, ROC) A lawyer engaged in the practice of law, which is not limited to the conduct oF PRACTICING | cases in court but includes legal and advice and counseling, and the LAWYER | preparation of instruments and contracts by which legal rights are secured (Ulep v. Legal Clinic, 993) ‘A lawyer wino devotes his practice to handling Wigations in coun. (Cayetano v-) Monsod, 1991) | TRIAL LAWYER LAW AS A PROFESSION, NOT A BUSINESS Q20: What are the primary characteristics that distinguish the legal profession from business? [HODR] A20: 4. relation to clients in the Highest degree of fiduciary 2. Arelation as an Officer of the court to the administration of justice involving thorough sincerity, integrity and reliabilty 3. Duty of service, of which the emolument is a by-product and in which one may attain the highest eminence without making such money; and 4. A Relation to colleagues at the bar characterized by candor, faimess and unwilingness to resort to current business methods of advertising and encroachment on their practice or dealing with their clients. (in Re; Sycip, 1979) ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL |S PROHIBITED. PAGE 3 OF 17LEGAL ETHICS BLUE TIPS 121: What Is the best form of advertising of a lawyer? ‘A21: The best advertisement for a lawyer is a well-deserved reputation for competence, honesty and fidelity o private trust and public duty, Of these, honesty reigns paramount. (Ulep v. Legal Ciinic., 1993) (Q22: Is the prohibition on advertisement absolute? ‘A22: NO. The following have been considered permissible advertisements (Yellow-Legal-RACE): 1. Yallaw pages/telephone directories containing the firm name, addresses and contact numbers ( Agpalo, Legal and Judicial Ethics, p. 126-127, 2009); 2. Advertisements or announcement in any Legal publication, including books, journals, and legal magazines (Agpalo, Legal and Judicial Ethics, p 126-127, 2009); 3. Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data, are allowed (Ulep v. Legal Clinic, Inc., 1993), 4. A simple Announcement of the opening of a law fim or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable (id); 5. Ordinary simple professional Gard. It may contain onty a statement of his name, the name of ‘the law firm which he is connected with, address, telephone number and the special branch of law practiced (id.); and, 6. Advertisements or simple announcement of the Existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and ‘government buildings, (Agpalo, Legal and Judicial Ethics, p. 126-127, 2009). MANDATORY CONTINUING LEGAL EDUCATION(MCLE) Q23: What are the REQUIREMENTS OF COMPLETION of MCLE? ‘A23: Members of the IBP shall complete every 3 years at least 36 hours of continuing legal education activities (BM. No. 850, Sec. 2, 2001) (Q24: What is an alternative means by which a lawyer can earn credit for MCLE? ‘A24: A member of the Bar can eam credit for MCLE through Community Legal Aid Service (CLAS). ‘Attorneys who have signed the roll of attomeys in the year 2018 onwards shall earn the full credit of 36 NCLE units for the applicable three-year period if they are able to render 120 hours of pro bono legal aid services within the first 12 months from admission to the Bar counted from the time they sign the Roll of ‘Attomeys. (AM. No. 17-03-09-SC) Q25: What would be the consequence of a lawyer's failure to disclose his/her current MCLE compliancelexemption number in pleadings? ‘A25; The lawyers shall be imposed of a fine of P2,000 forthe first offense, P4,000 for the second offense, 3,000 for the third offense. In addition to the fine, the counsel may be listed as a delinquent member of the Bar. The non-compliant lawyer shall be discharged from the case and the client/s shall be allowed to ‘secure the services of a new counsel with the concomitant right to demand the retum of fees already paid to the non-compliant lawyer. (8.M. No. 1922, January 14, 2014, Effective March. 1 2015) Q26: In several pleadings filed in court, Atty. X indicated several MCLE compliance numbers without indicating the date thereof. Upon inquiry with the MCLE office, it was discovered that he has not complied with any MCLE requirement at all. What is the appropriate liability of Atty. X? ‘A26: Atty. X is DISBARRED. In repeatedly using false MCLE numbers in his pleadings filed in court, Atty X acted in manifest bad faith, dishonesty and deceit. He misled the courts itigants and his own clients He made a mockery of the Court. (Mepalad v. Echanez, 2017), ‘Note: In this case, disbarment was deemed appropriate because Atty. X had already been previously ‘sanctioned twice by the courts. 27: Atty. X, filed several pleadings with contact details (roll of attorney number, IGP number, PTR, MCLE compliance) of another lawyer. He alloges that these acts were merely errors in good faith. Should Atty. X be held liable? ‘AZT: Yes. Atty. X is suspended for 2 years. Atty. X did not merely commit errors in good faith. He did so repeatedly. His act was not only of usurping another lawyer's details but also of his repeatedly changing information from one pleading to another demonstrates the intent to mock and ridicule courts and legal processes. His act was not only @ violation of the oath he took when he was admitted to the legal profession, he also violated every single chapter of the Code of Professional Responsiiliy. (intestate Estate of Jose Uy v. Atty. Pacifico, 2015) ACTS THAT CONSTITUTE UNETHICAL PRACTICE (Q28: Is the act of kissing or “beso-beso” on the cheek unethical that would warrant administrative sanction? ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 4 OF 17LEGAL ETHICS BLUE TIPS 8: NO. These are mere gestures of friendship and camaraderie. However, in one case, the Supreme ‘Court ruled that a lawyer's act of turning the head of the Complainant towards him and kissing her on the lips are distasteful, Nonetheless, such act, even if considered offensive and undesirable, cannot be considered grossly immoral. (Advincula v. Macabata, 2007) 29: Atty. X advised his clients to resort to “direct registration” to have inherited properties registered in their names and asked for Php70,000 to give to the Register of Deeds for his Cooperation. Although he outlined to his clients the “ordinary procedure” of an extrajudicial Settlement of estate as a means of transferring title, he also proposed the option of “direct registration” despite being fully aware that such option was actually a shortcut intended to circumvent the law. What is the liability, if any, of Atty. X? ‘A29: Atty. X is SUSPENDED for one year and ordered to retum the Php70,000. Such action of circumventing the legal procedure of extrajudicial settlement of estate was unquestionably unlawful, immoral and deceitful al at once. (Coronel v. Atty. Cunanan, A.C. No. 6738, August 12 2015) Q30: Atty. X posted a series of vul arks against complainant Y on his Facebook page. Complainant Y filed a disbarm st Atty. X. In his defense, Atty. X. though admitting that he did post such remarks, explained that they were “private remarks” on his “private account” that can only be viewed by his circle of friends. Atty. X further alleged that his right to privacy was violated when complainant Y accessed his private posts. Should Atty. X be held administratively liable? ‘A30: YES. Atty. X is SUSPENDED for one year. By posting the subject remarks on Facebook, Atty. X disregarded the fact that as a lawyer, he is bound to observe proper decorum at all times, be it in his public life or private life. Moreover, Atty. X. failed to offer evidence that he utilzed any of the privacy tools or features of Facebook available to him to protect his posts or that he restricted its privacy to a select few. (Belo-Henares v. Guevarra, 2016) Q31: Atty. X rented a house of his cousin ¥. He left for a six month study In Japan without paying his rentals and electric bills despite repeated demands. Upon return to the Philippines, Atty. X stil failed to settle his rental arrearages. Y then filed an administrative complaint against Atty. X. Atty. X contended that his non-payment of rental bills to his cousin is a personal matter which has no bearing on his profession as a lawyer and therefore, he did not violate the CPR. Is Atty. X's contention valid? ‘A31: NO. A lawyer has the moral duty and legal responsibilty to settle his debts when they become due. Verily lawyers must at al imes faithfully perform their duties to society, to the bar, to the court and to their clients. As part of their duties, they must promptly pay their financial obligations. (Wilson Cham vs. Atty Eva Pata-Moye, 2008) Q32: A handed to Atty. X cash in exchange for a postdated check. However, the check was dishonored when it was presented for payment because Atty. X's bank account had been closed. Can Atty. X be held administratively liable? ‘A32: YES, Although Atty. X's act involved a private dealing, his being a lawyer invested him — whether he was acting as such or in a non-professional capacity - with the obligation to exhibit good faith, faimess, ‘and candor in his relationship with others. There is no question that a lawyer could be disciplined not only for malpractice in his profession, but also for any misconduct commited outside of his professional capacity. (Ong v. Atty Delos Santos, 2014) Q33: Y engaged the services of Atty. X concerning various mortgage contracts entered into by her husband from whom she is separated. Atty. X advised Y to executed deeds of sale In his favor of the lands involved so that he may sell them to pay off her debts to creditors. Without Y's knowledge, Atty. X paid off her creditors using his ow personal funds and kept the lands for himself. Is Atty. X liable under the Code of Professional Responsibility? ‘A33: YES, Atty. X is DISBARRED. He violated Canon 16 which requires a lawyer to hold in trust all moneys and properties of his cent that may come in his possession. (Hemandez v. Go, 2005) Q34: Provincial Prosecutor X refused to represent his Municipality In a case for collection for taxes. He explained that he cannot handle the case with sincerity and industry because he does ‘not believe in the position taken by the municipality. Can he be prosecuted administratively? ‘A34: YES. Unlike a practicing lawyer who has the right to decline employment, a government lawyer lke a provincial prosecutor cannot refuse the performance of his duties on grounds not provided for by law without violating his oath of office. (Enriquez Sr. v. Hon. Gimenoz, 1960) ATTORNEY-CLIENT RELATIONSHIP (Q35: What is the NATURE of the relationship between lawyers and thelr clients? [SHF] ‘A35: The relationship between lawyers and their clients is: 4. Strictly personal; 2. Highly confidential; and 3. Fiduciary (Agpalo, 182) THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 5 OF 17LEGAL ETHICS BLUE TIPS 136: When is an attorney-client relationship ESTABLISHED? ‘A36: tis established when the client consults with an attomey in his professional capacity, with the view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces in such Consultation. It is not necessary that any retainer fee should have been paid, promised, or charged, nor that the lawyer took on the case that was the basis of the consultation. (Hilado v. David, 1949) Q37: When is the attorney-client relationship TERMINATED? (IF-CAW-DS) AS ‘TERMINATION OF ATTORNEY-CLIENT RELATIONSHIP CAUSED BY THE CLIENT CAUSED BY LAWYER INDEPENDENT CAUSES 1. intervening incapacity or| 1. Withdrawal of the lawyer under | 7. Full tarmination of the incompetency of the client| Rule 22.01 | easels during the pendency of the case, for then the client loses his| 2. Appointment or election of a capacity to contract, or to contrl| lawyer to a government position the subject matter of the acton | which prohibits povate practice of (Gorostiaga v. Sarte, 68 Phil. 4) law The guardian may authorize the | 3. Conviction for a erime and lawyer to continue his employment | imprisonment of the lawyer for (Guinto v. Bonfng, 48 Phil 864:| quite sometime Jaramila v. Gontales, 50 0.6 4756) 4. Disbarment or Suspension ofthe lawyer from the practice of law 2. Discharge or Dismissal of the lawyer by the client, for the right | 5. Declaration of the presumptive to dismiss a counsel is the th ofthe lawyer (Art 390, NCC, prerogative of the client, subject to] Art 41, FC) certain imitations, 6. Death of the lawyer unless it is |x. Death of the client as the| “ LiwFinm,in wach cane he other | |" relationship is personal and one of | partners may contrue with the | | agency (Barrameda v. Barbara, 90 case Pri 718: Caisp v Cabangon, 109 Phil 150) Q38: How does a LAWYER terminate the attorney-client relationship? ‘A38: By procuring the written consent of his client or by permission of the court after due notice and hearing, which the attomey ensures that the name of the new attorney is recorded. If he cannot get the written consent, he must make an application to the court, as the relation does not terminate until there is. a withdrawal of the record. He must serve a copy of his pettion upon his client and the adverse party at least 3 days before the date set for hearing. (Visitacion v. Manit, G.R. No. L-27231, 1969) Q38: After a lawyer withdraws his service, what should he do? ‘A39: The lawyer shall, subject toa lien, turn over all papers and property to which his client is entitled to. He shall also cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. (Rule 22.02, CPR) ATTORNEY-CLIENT PRIVILEGE Q40: What are the requisites of the attorney-client privilege? 40: 4, An attorney and client relationship or a kind of consultancy relationship with a prospective client The communication was made by the client to the lawyer in the course of the lawyer's, professional employment 3, The communication must be intended to be confidential (PINEDA, 2009) 41: Does the attorney-client privilege apply solely to lawyers? ‘dt: NO. The rule of confidentiality and attorney-client privilege also applies to an attorney's secretary. stenographer or clerk, who in such capacity has acquired confidential information form the attorney's client. (Rule 130, Sec. 24 (b), Rules of Court) 242: What are the exceptions to attorney-client privilege? he exceptions to attorney-client privilege are: 41. When authorized by the client after acquainting him of the consequences ofthe disclosure; 2. When required by law; and, 3. When necessary to collect his fees or to defend himself, his employees, or associates, or by judicial action. (Rule 21.01, CPR) ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 6 OF 17LEGAL ETHICS BLUE TIPS ‘When a lawyer confers with a prospective client, and a conflict of interest arises, he shall immediately inform the prospective client. (Rule 15.01, CPR) 5. The information is also not privileged when it involves a contemplated crime or the Perpetuation of a fraud. (Agpalo, Legal and Judicial Ethics, 285, 6 Edition) Q43; What should a lawyer do when he finds out that his client has perpetrated a fraud upon a Person or on the tribunal? ‘A43: He should promptly call upon the client to rectify the same, and failing which he has to terminate the ‘elationship with such client. (Rule 19.02, ROC) Q44: Is the attorney-client privilege limited to written or oral communication? ‘A44: NO. There is no particular mode by which a confidential communication shall be made by a client to his attomey. The privilege is not confined to verbal or written communications made by the client to his attorney but extends as well to information communicated by the client to the attorney by other means Such as through actions or non-verbal communication. (People v. Sandiganbayan, 1997) ‘Q45: Atty X and Y are good friends. Y approached Atty. X for le that id in facilitating her papers so closed to Atty. X that in her previous stints abroad, she stated that she was single but in fact ried and had two children. Due to her heavy workload, Atty. X referred Y's case to another lawyer. Their friendship soon tuned sour after Y filed an administrative case against Atty. X for falling to return borrowed jewelry. Atty. X on the other hand threatened to charge Y with a criminal case for falsification of public documents. Based on the disclosures Y had earller made to Atty. X, was the consultation of Y to Atty. X privileged? ‘A4S: YES. The moment Y approached Atty. X to seek legal advice, a veritable lawyer-client relationship evolved between the two. It is of no moment that no formal agreement or contract was executed. (Hadjula . Mandianda, 2007) CONFLICT OF INTEREST Q46: What are the four (4) SEPARATE TESTS in determining whether there is conflict of interest ‘when lawyers represent two or more clients? [CRAP] AAG: 1. In accepting the new relation, the lawyer will be called upon to use Confidential information ‘acquired through their connection against a client. (Quiambao v. Bamba, 2005) 2. When in Representation of one client, a lawyer is required to fight for an issue or claim, but is also duty bound to oppose it for another client (Northwastem University v. Arquillo, 2005) 3. When the Acceptance of the new retainer will quire an attomey to perform an act that may Injuriously affect the fist client or when called upon in @ new relation to use against the first tone any knowledge acquired through their professional connection; (Id) and, 4, When the Acceptance of the new relation would Prevent the full discharge of n attomey's duty to give undivided fidelity and loyalty to the client or would invite suspicion of unfeithfulness or double dealing in the performance of that duty. Id.) (Q47: What are the exceptions to the rule on conflict of interest? [FAN] MAT: 4. With the written consent of a Eormer client, a lawyer, with full disclosure to a prospective client, accepts employment from the latter against the former, (Bautista v. Gonzales, 1990) 2, With the written consent of All concerned, a lawyer may act as a mediator, conciliator, or arbitrator in setting disputes; (Rule 15.04, CPR) and 3. Where No true attomey-client relationship is attendant. Q48: What are the five rationales on the prohibition against conflict of interest? Aas: ‘The law seeks to assure cents that their lawyers will represent them with undivided loyalty, ‘The prohibition seeks to enhance the effectiveness of legal representation; ‘Adlient has a legal right to have the lawyer safeguard the client's confidential information; Conflict rules help ensure that lawyers will not exploit client The rules protect interests of the legal system in obtaining adequate presentations to tribunals (Samson v. Era, 2013) Q49: Y, an owner of a music foun, igned a retainer agreement to engage the firm of Atty. X. Sub: reoment, Atty. X represented th 0 party in an complaint for disbarment against Atty. X due to conflict of that It was not actually him who engaged with Y but his taken advantage of any information obtained pursuant to the nse of Atty. X tenable? rvices of the law partn retainer agreement. Is the ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 7 OF 17LEGAL ETHICS BLUE TIPS CASTILLO) NO. A lawyer who takes up the cause of the adversary of the party who has the services of his law firm brings the law profession into public disrepute and suspicion and nes the integrity of justice. (Dana Daging v. David, 2014) ‘Q50: Atty. X consulted Atty. Y whether she can successfully prosecute her case for declaration of ‘ullity of marriage she intends to fi t her husband Z. Atty. Y advised her in writing that the case will not prosper because of the reasons stated therein. Later on, Z attempted to obtain the ‘services of Atty. Y as counsel in declaration of nullity case. May Atty. Y validly represent 2? ‘A50:NO. This will constitute a conflct of interest. As held in the case of Hilado v. David, when the client ‘consults with an attorey in his professional capacity, with the view to obtaining professional advice or assistance, and the attomey voluntarily permits or acquiesces in such consultation. It is not necessary that any retainer fee should have been paid, promised, or charged, nor that the lawyer took on the case that was the basis of the consultation. (Hilado v. David, 1949) Since in this case, an attomey-client ‘elationship has already been established between Atty. X and Atty Y, the latter may no longer validly represent Z without creating a conflict of interest. ATTORNEY'S FEES St: What ar the REQUISITES forthe right to attomey’s fees to acerue? [SRP] 51: 4, Rendition of Services by the lawyer tothe client (Fajardo vs. Court of industrial Relations, 1967): 2. Existence of an attorney-client Relationship (Phil. Ass'n of Free Labor Union v. Binalbagan Isabela Sugar Co., 1971); and, 3. Brofessional contract, express or implied, between a lawyer and his client. (Q52: What are the guidelines in determining attorney's fees? [CATS IN PCCS] 82: 1. The Gustomary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; The Amount involved in the controversy and the benefits resulting to the client from the services; The Time spent and the extent of the services rendered or required; The Skill demanded; The Importance of the subject matter, The Novelty and difficutty of the questions involved; The Brobabilty of losing other employment as a result of acceptance ofthe proffered case; The Gontingency or certainty of compensation: ‘The Character of the employment, whether occasional or established; and 10. The professional Standing of the lawyer. (Rule 20.01, CPR) Q53; DEFINITION OF TERMS TERM DEFINITION Tis an agreement wherein a lawyer conducts the ligation on Fis Gwn account, CHAMPERTOUS | bearing all the expenses, and the client agrees to pay a portion of the proceeds. CONTRACT of a judgment as lawyers fees. It is vold for being obnoxious to the law and public policy. CONTINGENT| It is one wherein the lawyer agrees to be paid depending on the success of Fis FEE CONTRACT _| efforts (not necessarily for the same money or payment subject of the case). G ENE R A L| The fee paid to a lawyer to secure his fulure services as general counsel for any RETAINER or! ordinary legal problem. RETAINING FEE PE CTA L| The lee paid to a lawyer for a specific mat RETAINER i - : might whIGh the atiorey has upon all judgments for the payment of money CHARGING LIEN | and executions issued in pursuance thereef, secured in favor ofthe client. ‘right of an attomey to retain the funds, documents and papers of his clenis, which have lawfully come into his possession until his lawful fees and RETAINING LIEN | gisbursements have been paid, and to apply such funds to the satisfaction thereof. Literally means “as much as he deserves” and is used as basis for determining an attorney's professional fees in the absence of an express agreement SeNogsen QUANTUM) 4 deco ta prvnt an aecupuus crt fom ning avn fom he fruits of the legal services of counsel without paying for it and also avoids unjust enrichment on the part of the attomey himself. (NPC v. Heirs of Macabangkit Sangkay, 2011) ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 8 OF 17LEGAL ETHICS BLUE TIPS 54: Distinguish between the ORDINARY and EXTRAORDINARY concept of attorney's fees: EXTRAORDINARY CONCEPT ORDINARY CONCEPT | NATURE Indemnity for damages ordered by the court to be paid by the losing party to the | weasonable compensation paid to a lawyer by his client for the legal services wimg pety the former renders INSTANCES | (MALA-SUN-RICES] AWARDED | 1. In criminal cases of Malicious prosecution; 2. When there is Agreement; 3. When defendant's action or omission compelled plaintiff to Litigate; 4, When exemplary damages are ‘Awarded; 5. In actions for Support; 6. When the action is clearly Unfounded; 7. When defendant acted in gross Negligence and bad faith; 8. In cases of Recovery of wages; 8. In actions for Indemnity under workmen's compensation and employee's liability laws; 410. In a separate civil action arising from a Grime: 11.When at least double Gosts are | awarded: 42.When the court deems it just and Equitable; and, 13. When a Special law so authorizes. (art, 2208, NCC) | To WHOM | CLIENT, unless the clent and his lawyer | AWyER PAID have agreed that the award shall accrue to | the lawyer as additional or part of | compensation Legal services of the lawyer Q55: When is recovery of ATTORNEY'S FEES on the basis of QUANTUM MERUIT authorized? ASS: 1. When there is no express contract for payment of attomey's fees as agreed upon between the lawyer and client 2. When although there is a formal contract for attomey’s fees, the fees stipulated are found to be unconscionable or unreasonable by the court 3. When the contract for attorney's fees is void due to purely formal matters or defects of execution 4, When the counsel, for justifiable cause, was not able to finish the case to its conclusion 5. When the lawyer’and the client disregard the contract for attorney's fees. (Africa v. Eastem Telecommunications Phil. 1999) 56: Can a court issue a summary judgement to determine the proper amount of attorney's fees? ‘ASG: (DEL CASTILLO) NO. There can be no summary judgement where questions of fact are in issue or where material allegations of the pleadings are in dispute. In fixing a reasonable compensation for the services rendered by a lawyer on the basis of quantum meruil, the elements to be considered are generally: 1) the importance of the subject matter in controversy, 2) the extent of services rendered and 3), the professional standing of the lawyer. A determination of these factors would indispensability require nothing less than a full-blown trial where the party can adduce evidence to establish the right to lawful attomey’s fees and for the other party to oppose or refute the same. (Loy . San Miguel Corporation Employees Union-Philippine Transport, 2011) QS7: Distinguish between a CHAMPERTOUS CONTRACT and CONTINGENT FEE CONTRACT? ____ CHAMPERTOUS CONTRACT CONTINGENT FEE CONTRACT Tn general, it is the LAWYER who shoulders the |In general, t is the CLIENT who shoulders the expenses, expensé in eect, the lawyer Is Investing in the case. He 1s | In effect, the lawyer agrees to be paid, in money ‘acting more as a businessman than alawyer. _| orin a share of the property, subject to the case. in both instances, the lawyer is paid his fees only it he is successful ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS, UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 9 OF 17CENTRAL Fr OPERATIONS 2018 LEGAL ETHICS BLUE TIPS 58: Atty. Z was to represent Spouses X and Y in a complaint on a contingency fee basis. Unde the terms of the contingency fee contract, Atty. Z would receive P2,000 in attorney's fees and assume all the costs of litigation. This arrangement was indicated in the complaint. However, instead of confirming the agreed contingent attornoy’s fees of P2,000.00, Atty. Z alleged that they had an oral contract wherein the contingency fee consisted of one-half the land subject of the Pending civil case. The lower court granted the attorney's fees based on the purported oral Contract. Was the fee arrangement valid? ‘A68: NO. The written contract prevails over the oral agreement. The written contract on attomey’s fees (in the amended complaint) prevails over the alleged oral contract. An agreement between the lawyer and his client is subject to the ordinary rules governing contracts in general. Thus, controversies involving wnitten and oral agreements on attorney's fees shall be resolved in favor of the former. However, the written contract in this case Is champertous with respect to Atty. Z assuming all the litigation expenses without providing for reimbursement. (The Conjugal Partnership of the Spouses Cadavedo v. Lacaya, 2014) Q59: Distinguish between RETAINING LIEN and CHARGING LIEN ‘CHARGING LIEN RETAINING LIEN NATURE fee = PASSIVE lien ~ May be enforced by execution | - Cannot be actively enforced ~ Also called a SPECIAL lien, | ~ Ajso called a GENERAL lien, because it because it is limited to the| can be used for collecting the lawyer's fees recovery of the lawyer's fee for| in all the services he has rendered to the handling the case alone client BASIS ‘Securing a favorable money | awful possession of papers, documents, judgment for the client property belonging to client COVERAGE | Covers all judament for the payment | Covers papers, documents and properties in fof money and execution issued in| the lawful possession of the attomey by pursuance of such judgments reason of his professional employment TIME ITTAKES | AS Soon as the claim for attomey’s | as soon as the attorney is in possession of EFFECT fees has been entered into the | papers, documents or property records of the case NOTICE Notice must be served upon client | itis not necessary to notify client and adverse party ‘APPLICABILITY | Generally exercisable only when the |May be exerci attomey already secured a favorable | byerution or regard judgment for his client requisites | [PUR] 1. Eavorable money judgment! +, Lawful Possession by the lawyer of the secured by the counsel for his} client's funds, documents and papers in client; his professional capacity; 2. Existence of a lawyer-client Unsatisfied claim for attorney's fees; and, relations ie Attomey-client Relationship. 3. Attorney Rendered services; 4. Through the filing of an Appropriate motion of the statement of the lawyer's claim for attomey’s fee with copies furnished to the client and adverse party, and, 5. Attorney has a Claim for attorney's fees or advances. How When client loses action as lien may | when possession lawfully ends when as EXTINGUISHED | only be enforced against judgment | iayyer voluntarily parts with funds, documents awarded in favor of client, proceeds | and papers of client or offers them as thereof executed thereon eiidatce 1d before judgment or 3s thereof ‘Q60: What Is the rule prohibiting the acquisition of property under litigation in Art. 1491 of the Civil Code? ‘AGO: The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another: 1, Justices, judges 2. Prosecuting attomeys. ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL |S PROHIBITED. PAGE 10 OF 17LEGAL ETHICS BLUE TIPS 3. Clerks of superior and inferior courts 4, Other officers and employees connected with the administration of justice ‘The property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions, This prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to th Bropery and rights which may be the object of any Higation in which they may take pat by vite of th profession. Et: What are the ELEMENTS of ARTICLE 149 ofthe Civil Code? [PAPN 61: The attorney takes Bart as counsel in the case: There is an Attorney-client relationship; The attorney by himself or through another Burchases or acquires such property or interest; and, ‘The property or interest of the client must be In litigation. Note: Acquisition includes mortgage of property in litigation to lawyer. In this case, acquisition is merely postponed until foreclosure but the effect is the same. Q62: What are the EXCEPTIONS to the prohibition under Art. 1491 62: 1. Property is acquired through a contingency fee arrangement after the finalty ofthe case. 2. Any of the four elements of Art. 1481 are missing. Q63: Z acquired Atty. X's services for a land dispute case. Under a contingent fee arrangement, Atty. X and Z agreed that after the finality of the case, the contingent fee of Atty. X would be 1/3 of the land that was subject of the case. Atty. X won the case and the judgement subsequently became final. When Atty. X demanded delivery of 4/3 of the land, Z protested that this was in violation of Article 1481. Is the contention of Z correct? ‘AG3: NO. One of the exceptions to Article 1491 is a valid contingency fee arrangement where in the land 6 portion of the land is acquired after judgement is rendered. A contract for a contingent fee is not covered by Article 1491 because the transfer or assignment of the property in litigation takes effect only after the finality of a favorable judgment, (Pefla vs. De Los Santos, 2016) DISCIPLINE OF LAWYERS Q64: What is the quantum of proof necessary in disciplinary proceedings? ‘A64: Clear preponderance of evidence is necessary to impute liability on the part of the lawyer. (Lim v. Antonio, 1971) ‘Q65: Must disbarment cases be filed only by real parties in interest? ‘AGS: NO. The right to institute a disbarment proceeding is not confined to clients nor is it necessary that the person complaining suffered injury from the alleged wrongdoing. (Figueras v. Jimenez, 2014) ‘Q66: Can the Supreme Court institute a disbarment proceeding motu proprio? ‘A66: YES, Disbarment proceedings may be instituted by the: 1. Supreme Court motu proprio. 2. IBP motu proprio 3. Upon verified complaint by any person (Rule 139-8, ROC, as amended by B.M. 1645) Q67: What are the nature and characte ics of disciplinary action cases against lawyers? 4. Itis sui generis (In Re: Laureta, 1987) 2. tis imprescriptible 3. Its confidential Ibanez v. Vina, 1981) 4. Pari delicto rule does not apply (Morfol v. Aspiras, 1956) 5. Res ipsa loquitur finds application 68: Does the IBP have authority to dismiss disciplinary cases filed against lawyers? ‘AGB: NO. The IBP can only recommend the dismissal of complaints. Only the Supreme Court has the ‘power to dismiss complaints against lawyers, and this power cannot be delegated to the IBP. (Rulo 139-B, ROC, as amondod by BM. 1645, Octobor 13, 2015) ‘Q69: Does the IBP have the authority to impose penalties in disciplinary cases? ‘A69: NO. The IBP can only recommend the imposition of disciplinary action which may or may not be accepted by the Supreme Court, (Rule 139-8, ROC, as amended by BM. 1645, Oclobor 13, 2015) ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS, UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 11 OF 17LEGAL ETHICS BLUE TIPS : May the Supreme Court entertain or act upon complaints filed by anonymous persons? 70: YES. The Supreme Court may act upon the complaint if the evidence presented is documented and verfiable. Besides, the Supreme Court or IBP may initiate disbarment proceedings motu propio. (Concemed Citizens v. Elma, 1995) Q71: Will the withdrawal of the disbarment complaint by the complainant, or the issuance of an affidavit of desistance, automatically exonerate the respondent lawyer from the charge? ‘ATA: NO. A case of suspension or disbarment may proceed regardless of interest or lack of interest of the Complainant. They are undertaken and prosecuted solely for the public welfare. Hence, ifthe evidence on record warrants, the respondent may be suspended or disbarred despite the desistance of complainant or his withdrawal ‘of the charges. Accordingly, notwithstanding the motion to withdraw evidence and testimony, the disbarment proceeding should proceed (Soriano v. Reyes, 2006) Q72: Complainant Y filed a disbarment complaint against Atty. X for accepting cases against his former client Z. Atty. X's defense was that complainant Y had never been his client and Z did not participate in the disbarment complaint. Can the disbarment complaint still prosper? A72: YES. Z's non participation in the fling of the complaint is immaterial since Section 1, Rule 139-B of the Rules of Court provides that initiation proceedings may be initiated upon the filing of a verified ‘complaint by any person. (Romero v. Evangelista, 2018) Q73: Atty. X was convicted of falsification of a public document. Subsequently, the offended inettuted clabermant proceedings against him. Ay. X ntarposed the defense of double jeopardy. Is his defense tenable? [AT3: NO. The defense of double jeopardy is not tenable. A disbarment proceeding is not a criminal case ‘where Atty. X is being prosecuted for the same offense, or for any attempt to commit the same or frustration thereof, or for any offense included therein. (De Jesus Paras v.Vailoces, 1961) Q74: Atty. X was issued an order of suspension from the practice of law for 2 months from the IEP Board of Governors. The order of suspension had not yet reached finality with the Supreme Court. However, in supposed compliance with the order, Atty. X filed a leave of absence from his work as 4 Legal Officer of the NBI. Were the actions of Atty. X proper? ‘ATA: NO. First, the IBP Board of Governors can only recommend penalties. It is only the Supreme Court which has the final power to discipline lawyers. Second, a leave of absence will not suffice. This is so considering that his position mandated him to be a member of the Philippine Bar in good standing. The ‘suspension from the practice of law wil not be penalty ifit does not negate his continuance in office for the period of suspension. Atty. X is suspended for 3 months. (Advincula v. Advincula, 2016) 75: Atty. X, was hired by complainant Y to file an action for annulment of marriage. He was paid the amount of Php 42,000 for his service. He represented to his client Y, that he had filed sald action. After multiple follow ups, Y found out that no action had evar been filed by Atty. X and thus, filed a case for disbarment against Atty. X. Is disbarment the automatic penalty to be imposed upon a lawyer who commits grave misconduct? A75: (DEL CASTILLO) NO. There is no ironclad rule that disbarment must immediately follow upon a finding of deceit or gross misconduct. The court is not mandated to automatically impose the extreme penalty of disbarment, Its allowed to exercise discretion either to disbar or just suspend the erring lawyer based on the appreciation of the facts and circumstances of the case. Disbarment should not be decreed where any punishment less sever, such as reprimand, suspension or fine would accomplish the end desired. In this case, a 4 year suspension is proper. There is no mention in the records of any previous or similar administrative case fled against Atty. X. (Anacta v. Resurrection, 2012) Q76: Following from the question above, does the court, acting in its disciplinary capacity, have the authority to order Atty. X to return the Php42,000 paid to him by Y? ‘A76: (DEL CASTILLO) YES. If the matter in question involves violation of the lawyer's oath and code of Conduct, then it falls within the Cours disciplinary authority. However, if the matter arose from acts which carry civil or criminal fiabilty, and which do not directly require an inquiry into the moral fitness of the lawyer, then the matter would be a proper subject of a judicial action which is outside of the Cours disciplinary authority. It is clear that Atty. X violated his lawyer's oath and code of conduct when he withheld the amount of Php 42,000 despite his failure to render the necessary legal services. He must be directed to retum the same, (Anacia v. Resurrection, 2012, [En Banc) Q77: When may the Supreme Court, acting In Its disciplinary capacity, order an erring lawyer to return money recelved from a complainant? ‘ATT: The Court may order return of funds when the matter subject of the inquiry pertains to the mental ‘and moral fitness of the lawyer to remain as member of the legal profession. For example, in the case of Anacta v. Resurrection, the Court ordered the erring lawyer to return 42,000 that he received as attorney's fees for failure to render the necessary legal services. (Anacta v. Resurrection, 2012, [En Banc}) (On the other hand, in complaints for collections of debts, the complainants’ course of action is ci administrative, in nature. (Constantino v. Saludares, 1993) THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. | not PAGE 120F 17rat is the difference between CIVIL CONTEMPT and CRIMINAL CONTEMPT? _ LEGAL ETHICS BLUE TIPS CIVIL CONTEMPT Failure to do something ordered to be done by a court or judge in a civil case for the benefit of the opposing party therein. Itis an offense against the party in whose behalf the violated order is made. CRIMINAL CONTEMPT Conduct that is directed against the authority and dignity of a court or of a judge acting judicially, as in unlawfully assailing or discrediting the authority and dignity of the court or judge, or in doing a duly forbidden act. OFFENSE The party in whose behalf the violated | The court or judge AGAINST __| orderis made [PURPOSE ‘Compensatory or remedial: to preserve | Punitive: to punish. Eas the right of private persons. INTENDED “To enforce compliance with an order of@ | To vindicate the dignity and authonty of | OUTCOME court for the benefit of a party in whose | the court, and to protect the interests of favor the runs. the general public. INTENT Immaterial. Good faith is not a defense. | Necessary. Good faith is a defense. Q79: Atty. X filed a petition for contempt against Atty. Y and various media practitioners for Publicizing the disbarment case filed against him in media. ¥ and his co respondents and argued that Lawyer X's petition for contempt has a chilling effect on the people's right to free press. Can the counts give due course to Atty. X's petition? AT9: Yes, but only against Atty. Y for premature publication of the disbarment complaint. Proceedings ‘against lawyers are private and confidential. What may be subject fo publication is the final order of the Supreme court that is published as decisions, Malicious and unauthorized publication or verbatim reproduction of administrative complaints and their premature publication constitutes contempt of court. (Saludo v. CA, 2006) Q80: Atty. X was convicted for violation of BP 22. He applied for pardon which was granted. What is the effect of pardon? ‘ABO: It depends on whether the pardon was absolute or conditional ‘Absolute pardon by the President is one that operates to wipe out the conviction as well as the offense itself, and the grant thereof in favor of a lawyer is a bar to a proceeding for disbarment against him based solely on the commission of such offense. (In re Parcasio, 1976) However, an absolute pardon subsequently granted to a previously disbarred lawyer for conviction of a crime does not automatically entitle him to reinstatement to the bar, because only the Supreme Court can reinstate a disbarred lawyer. (In re Rovero, 1952) ‘On the other hand, a conditional pardon or the remission of the unexpired portion of the sentence does not operate as a bar to the disbarment proceeding, (in re Lontok, 1922) Q81: May a member of the Philippine Bar, who is also an attorney in a foreign jurisdiction and who wi ided from the practice of law in said foreign jurisdiction, be meted the same sanction as member of the Philippine Bar for the same infraction committed in the foreign jurisdiction? ‘A81: YES. He may also be sanctioned under Philippine law if the basis of his suspension is likewise ground for disbarment or suspension in this jurisdiction. The judgment of the foreign court constitutes prima facie evidence of unethical acts as a lawyer. (Sec. 27, Rule 138, ROC as amended, cited in In re: ‘Maquera, 2004) REINSTATEMENT OF LAWYERS Is REINSTATMENT of a suspended lawyer AUTOMATIC? ‘A82: No. It is discretionary upon the court. Before one can be reinstated, there is a need to file the ‘appropriate petition with the Supreme Court. (in ro: Rovero, 1980) Q83: What are the GUIDELINES of suspension from practice of law? [SF-PR] 1. Upon the expiration of the period of suspension, lawyer shall file a Swom Statement with the Office of the Bar Confidant, stating that he or she has desisted from the practice of law and has ‘not appeared in any court during the period of his or her suspension; Copies of the Sworn Statement shall be Eurished to the Local Chapter of the IBP and to the Executive Judge of the courts where the lawyer has pending cases handled by him or her, and/or where he or she has appeared as counsel, The Sworn Statement shall be considered as Proof of lawyer's compliance with the order of suspension; ‘THE BLUE TIPS ARE EXCLUSIVELY FOR THE USE OF ATENEO BAR TAKERS FOR THE 2018 BAR EXAMINATIONS. UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS PROHIBITED. PAGE 13 OF 17