DE LA SALLE UNIVERSITY COLLEGE OF LAW

Lasallian Commission on Bar Operations

LEGAL AND JUDICIAL ETHICS

AND PRACTICAL EXERCISES
Animo Notes 2019
 LEGAL ETHICS

Q: State the Lawyer’s Oath.

A: I _________ of __________ do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support the Constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly nor willingly
promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I 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 courts as to my clients; and I impose upon myself this voluntary obligations without
any mental reservation or purpose of evasion. So help me God.

Q: Define Practice of Law.

A: The practice of law is any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience. It is to give notice or render any kind of service, which device or service
requires the use in any degree of legal knowledge or skill. (Cayetano v. Monsod, 1991)

Q: Explain the nature of the practice of law.

A: It is so delicately affected with public interest that it is both the power and duty of the state to control and
regulate it in order to promote and protect the public welfare. (In Re: Dacanay, 2007)

Q: Is the practice of law a privilege or a right?

A: The practice of law is a privilege bestowed only to those who are morally fit. Membership in the legal profession
is a privilege demanding a high degree of good moral character, not only as condition precedent to admission,
but also as a continuing requirement for the practice of law (Wilkie v. Limos, 2008).

Q: What are some of the characteristics of the legal profession which distinguish it from business?
A: The primary characteristics which distinguish the legal profession from business are:
(1) Relation, as an “officer of the court”, to the administration of justice involving thorough sincerity,
integrity and reliability;
(2) Duty of public service, of which the emolument is a byproduct, and in which one may attain the highest
eminence without making much money;
(3) Relation to clients in the highest degree fiduciary;
(4) Relation to the other members of the bar characterized by candor, fairness and unwillingness to resort
to current business methods of advertising and encroachment on their practice, or dealing directly with
their clients. (In Re: Sycip Salazar Feliciano Hernandez v. Castillo, 1979).

Q: What are the qualifications for admission to the bar?

A: Every applicant for admission as a member of the bar must be:
(1) Citizen of the Philippines;
(2) Resident of the Philippines;
(3) At least 21 years of age;
(4) Of good moral character;
(5) Produce before the Supreme Court satisfactory evidence:
a. Of good moral character;
b. That no charges against him, involving moral turpitude, have been filed or are pending in any
court in the Philippines.
(6) Must pass the Bar Examinations;
(7) Take the Lawyer’s Oath; and
(8) Sign the Roll of Attorneys.

Q: What are the continuing requirements for the practice of law?

A: The following are the continuing requirements for the practice of law:
(1) Good and Moral Standing
(2) Membership in the IBP
(3) Payment of IBP dues
(4) Payment of professional tax
 (5) Compliance with MCLE
(6) Possession of good moral character
(7) Citizenship

Q: Explain the Law Student Practice Rule.

A: A law student who has successfully completed the 3rd year of the regular 4-year prescribed law curriculum
and is enrolled in a recognized law school’s clinical legal education program approved by the Supreme Court,
may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal,
board or officer, to represent indigent clients accepted by the legal clinic of the law school. (Rule 138-A, Sec. 1,
Rules of Court).

Q: Are non-lawyers allowed to appear and litigate in court?

A: Yes. Rule 138-A, Section 34, Rules of Court provide that appearance by non-lawyers before the inferior courts
are allowed, irrespective of whether or not he is a law student.
(1) In cases before the MTC, a party to the litigation may conduct his own case or litigation in person, with
the aid of an agent or friend appointed by him for that purpose; (Sec. 34, Rule 138)
(2) Before any other court, a party may conduct his litigation personally but if he able to get another person
to aid him, that person must be an authorized member of the Bar; (Ibid.)
(3) In criminal cases before the MTC in a locality where a duly licensed member of the Bar is not available,
the judge may appoint a non-lawyer who is a:
a. Resident of the province; and
b. Of good repute for probity and ability to aid the accused in his defense; (Sec. 6, Rule 117)
(4) Any official or other person appointed or designated to appear for the Government of the Philippines in
accordance with law. Such person shall have all the rights of a duly authorized member of the bar to
appear in any case in which said government has an interest direct or indirect. (Sec. 33, Rule 138)
(5) A party may also appear on his own behalf, his organization or members before administrative bodies as
allowed in Article 222 of the Labor Code.
(6) In cadastral proceedings, a non-lawyer may represent a claimant before the Cadastral Court (Sec. 9, Act
2259).

Q: Which laws allow representation of another by non-lawyers before administrative tribunals?

A: The following laws allow representation of non-lawyers in administrative bodies:
(1) The 2011 NLRC Rule of Procedure, promulgated pursuant to Article 218(a), Labor Code allows non-
lawyers, who are not necessarily a party to the case, to represent a union or members thereof, and non-
lawyer owners of establishments, to appear before it;
(2) Under Section 9, Act 2259, a claimant may appear by himself, or by some person in his behalf, before a
cadastral court.

Q: Are the laws allowing non-lawyers to represent others before administrative bodies limited?
A: In order that these laws will not infringe upon the power of the Supreme Court to regulate the practice of law,
the following limitations must be observed:
(1) The non-lawyer should confine his work to non-adversary contentions and should not undertake purely
legal work;
(2) The services should not be habitual;
(3) Attorney’s fees should not be charged.

Q: Cite the instances where lawyers are prohibited from appearing as counsels.
A: Lawyers are prohibited from appearing as counsel in the following:
(1) In small claims cases, no attorney shall appear in behalf of or represent a party at the hearing, unless the
attorney is the plaintiff or defendant. If the court determines that a party cannot properly present
his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual
who is not an attorney to assist that party upon the latter's consent (Sec. 17, Rules of Procedure in Small
Claims Cases).
(2) In all Katarungang Pambarangay proceedings, the parties must appear in person without the assistance
of the counsel or representative, except for minors and incompetents who may be assisted by their next
of kin who are not lawyers (Sec 415, Local Government Code).
Q: What is the effect of appearing as an attorney without authority?
A: Corruptly or willfully appearing as an attorney for a party to a case without authority to do so is a ground for
disbarment or suspension (Rule 138, Sec. 27, Rules of Court).

Q: Can persons not lawyers be sanctioned for appearing without authority?

A: Yes. For persons who are not lawyers, the following may be availed of:
(1) Petition for injunction;
(2) Declaratory relief;
(3) Contempt of court;
(4) Disqualification and complaint for disbarment;
(5) Administrative complaint against erring lawyer or government official;
(6) Criminal complaint for estafa against the person who falsely represented himself as a lawyer to the
damage of another.

Q: Who are the public officials absolutely prohibited from the practice of law?
A: Prohibition can be absolute or relative. The following are public officials who absolutely cannot practice law
in the Philippines:
(1) Judges and other officials or employees of the Supreme Court
(2) Officials and employees of the Office of the Solicitor General
(3) Government Prosecutors
(4) President, Vice-President. Members of the Cabinet, their deputies and assistants
(5) Chairman and members of the Constitutional Commission
(6) Ombudsman and his deputies
(7) Governors, city and municipal mayors
(8) Civil service officers or employees whose duties require them to devote their entire time at the disposal
of the government
(9) Those prohibited by special laws.

Q: Who are relatively prohibited from the practice of law?

A: The following public officials are relatively prohibited from the practice of law:
(1) No senator or member of the House of Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies (Art.
VI, Sec. 14, 1987 Constitution).
(2) Sanggunian members may practice law except during session hours and provided they shall not:
a. Appear as counsel before any court in any civil case wherein a local government unit or any
office, agency, or instrumentality of the government is the adverse party;
b. Appear as counsel in any criminal case wherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office;
c. Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and
d. Use property and personnel of the government except when the Sanggunian member
concerned is defending the interest of the government (RA 7160, Sec. 90(b)).
(3) A retired justice or judge receiving pension from the government, cannot act as counsel:
a. In any civil case in which the government, or any of its subdivision or agencies is the adverse
party; or
b. In a criminal case wherein an officer or employee of the government is accused of an offense in
relation to his office; or
c. Collect any fee for his/her appearance in any administrative proceedings to maintain an
interest to the government, national, provincial or municipal, or to any of its legally constituted
officers (RA 910, Sec. 1, as amended)

Q: Although public officials are prohibited either relatively or absolutely, may lawyers representing the
Government appear before in court?
A: Yes. Any person appointed to appear for the Government of the Philippines shall be allowed to appear in court,
subject to pertinent laws.
Q: Atty. N was suspended by the IBP because of his failure to pay rentals to his landlords, the Spouses E. During
his suspension, he was subsequently appointed as Assistant Prosecutor of Quezon City, and he was appearing
before court despite the suspension. Atty. N claims that failure for him to do his job would be a violation of his
duties as a public official. Is his claim tenable?
A: No. When the Court orders a lawyer suspended from the practice of law, he must desist from performing all
functions requiring the application of legal knowledge within the period of suspension. This includes desisting
from holding a position in government requiring the authority to practice law. The government office of Assistant
City Prosecutor requires its holder to be authorized to practice law. Hence, respondent's continuous discharge
of his functions as such constitutes practice of law and, thus, a clear defiance of the Court's order of suspension
against him. (Sps. Eustaquio v. Atty. Navales, 2015)

Q: What are the four-fold duties of a lawyer?

A: Lawyer have duties:
(1) To society
(2) To the legal profession
(3) To the court
(4) To the client

Q: Does the Code of Professional Responsibility apply to lawyers in Government Service?

A: Yes. These Canons shall apply to Lawyers in Government Service in the discharge of their official tasks. Rule
6.01 provides that the primary duty of a lawyer engaged in public prosecution is not to convict but to see that
justice is done (Cuenca v. Court of Appeals and People, 1995).

Q: What is demanded of a lawyer under Canon 1?

A: A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal process.

Q: Is good moral character a continuing requirement?

A: Yes. Good moral character is a requirement which is not dispensed with upon admission to membership of the
bar. This qualification is not only a condition precedent to admission to the legal profession, but its continued
possession is essential to maintain one's good standing in the profession; it is a continuing requirement to the
practice of law and therefore admission to the bar does not preclude a subsequent judicial inquiry, upon proper
complaint, into any question concerning his mental or moral fitness before he became a lawyer (Zaguirre v.
Castillo, 2003).

Q: Define immorality.
A: Immorality connotes conduct that shows indifference to the moral norms of society For such conduct to
warrant disciplinary action, the same must be grossly immoral, must be so corrupt and false as to constitute a
criminal act or so unprincipled as to be reprehensible to a high degree (Ui v. Bonifacio, 2000). An act constituting
immoral or deceitful conduct is one that involves moral turpitude.

Q: Cite examples of grossly immoral acts.

A: The following can be considered as grossly immoral acts:
(1) Wanton disregard for the sanctity of marriage as shown when a married lawyer engages in sexual
congress with a married woman who is not his wife (Guevarra v. Eala, 2007).
(2) Rape of a neighbour’s wife, which constitutes serious moral depravity, even if his guilt was not proved
beyond reasonable doubt in the criminal prosecution for rape (Calub v. Suller, 2000).
(3) Acts of engaging in illicit relationships with two different women during the subsistence of his marriage
(Dantes v. Dantes, 2004).

Q: What is moral turpitude?

A: It is an act of baseness, vileness, or depravity in the private duties which a man owes his fellow men, or to
society in general, contrary to the accepted and customary rule of right and duty between man and woman or
conduct contrary to justice, honesty, modesty, or good morals (Dela Torre v. COMELEC, 1996).
Q: What are examples of crimes involving moral turpitude?
A: Estafa, bribery, murder, seduction, abduction, smuggling, falsification of public documents, forgery, bigamy,
concubinage, murder, illicit sexual relations with a fellow worker, perjury and violation of the Dangerous Drugs
Act of 1972.

Q: Atty. A married B, a Filipina. In the meantime, Atty. A was dating C, his Secretary in his law office. He told
C that he will marry her as soon as he secures his divorce decree from the Dominican Republic. Eventually he
got the foreign divorce, and married B in the United States. C, however, found out that Atty. A was dating D
and also promised to marry her once he gets a divorce. B now files for Atty. A’s disbarment. Will the case
prosper?
A: Yes. Contracting a marriage during the subsistence of a previous one amounts to a grossly immoral conduct.
Atty. A knew that the divorce decree he obtained from the court in the Dominican Republic was not recognized
in our jurisdiction as he and B were both Filipino citizens at that time. He knew that he was still validly married
to B; that he cannot marry anew unless his previous marriage be properly declared a nullity. Otherwise, his
subsequent marriage would be void. This notwithstanding, he still married C. The foregoing circumstances
seriously taint Atty. A’s sense of social propriety and moral values. It is a blatant and purposeful disregard of our
laws on marriage (Perez v. Atty. Catindig, 2015).

Q: Atty. X borrowed 100,000 from Y for the funding of the reconstitution of the title of his land. They had a
written agreement that after such reconstitution, the title would serve as security for the loan and that he
would pay an interest of 50,000. However, Atty. X failed to fulfill his obligations. Legal demands were made to
no avail. Y alleged that Atty. X is guilty of violating Rule 1.01. Is this correct?
A: Yes. Rule 1.01 provides that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

In this case, Y could not have been defrauded without the representations of Atty. X. Atty. X knew that his
representations were false since the filing fee for a petition for reconstitution in 2001 was only Php 3,145, and
other expenses including publication would not cost more than Php20,000. It is clear that he employed deceit in
convincing Y to part with his hard-earned money and the latter could not have been easily swayed to lend money
were it not for his misrepresentations and failed promises as a member of the bar.

A lawyer shall at all times uphold the integrity and dignity of the legal profession. The trust and confidence
necessarily reposed by clients requires in the attorney a high standard and appreciation of his duty to his clients,
his profession, the courts and the public. The bar must maintain a high standard of legal proficiency as well as
honesty and fair dealing (Sps. Tejada v Atty. Palana, 2007).

Q: What is the purpose on why a lawyer should have continuing good moral character?
A: To protect the public; to protect the public’s image of the lawyer; to protect prospective clients; and to protect
the lawyer from himself (Dantes v. Dantes, 2004).

Q: How should a lawyer make his legal services available?

A: A lawyer shall make his legal services available in an efficient and convenient manner compatible with the
independence, integrity and effectiveness of the profession. (Canon 2, Code of Professional Responsibility)

Q: What is the basis behind the rule that a lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed?
A: Article III, Sec. 11 of the 1987 Constitution provides that free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any person by reason of poverty.

Q: May a lawyer advertise his services?

A: No. The standards of the legal profession condemn the lawyer's advertisement of his talents. A lawyer cannot,
without violating the ethics of his profession, advertise his talents or skill as in a manner similar to a merchant
advertising his goods. The prescription against advertising of legal services or solicitation of legal business rests
on the fundamental postulate that the practice of law is a profession.

The best advertising possible for a lawyer is a well-merited reputation for professional capacity and fidelity to
trust, which must be earned as the outcome of character and conduct (Ulep v. The Legal Clinic, 1993).
Q: What are the allowable or permissible forms of advertising by a lawyer?
A: The allowable forms of advertising are such:
(1) Publication in a reputable law list of brief biographical and honest informative data;
(2) Use of an ordinary professional card;
(3) Announcements of specialization and availability of service in a legal journal for lawyers;
(4) Seeking of appointment to a public office requiring lawyers;
(5) Advertising to seek full-time position as counsel for a corporation;
(6) Offering free legal service to indigents through radio broadcasts or printed matter;
(7) Announcement of opening of law firm, changes of personnel, firm name or office address;
(8) Listings in a telephone directory.

Q: May a law firm continue to use the name of a deceased partner?

A: Yes. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all
its communications that said partner is deceased. (Rule 3.02, Canon 3, Code of Professional Responsibility)

Q: If one of the partners in a firm accepts a public office, what are the steps to be taken?
A: He shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him
to practice law concurrently. The purpose of the rule is to prevent the law firm from using his name to attract
legal business and to avoid suspicion of undue influence.

Q: Does a lawyer have the duty to participate in the improvements of the legal system?
A: Yes. A lawyer shall participate in the development of the legal system by initiating or supporting efforts in law
reform and in the improvement of the administration of justice (Canon 4, Code of Professional Responsibility).

Q: What is the three-fold obligation of a lawyer?

A: Under Canon 5, the following are the obligations of a lawyer to elevate the standards of the legal profession:
(1) He owes it to himself to continue improving his knowledge of the laws;
(2) He owes it to his profession to take an active interest in the maintenance of high standards of legal
education;
(3) He owes it to the lay public to make the law a part of their social consciousness.

Q: What is the duty of the lawyer to the legal profession?

A: A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of
the Integrated Bar (Canon 7, Code of Professional Responsibility).

Q: Is the automatic and compelled membership to the IBP violative of the freedom to associate?
A: No. In Re: Edilion (1978), the Supreme Court held that integration does not make a lawyer a member of any
group of which he is not already a member. A lawyer becomes a member of the bar when he passes the bar
examinations. All that integration actually does is to provide an official national organization for the well-defined
but unorganized and non-cohesive group of which every lawyer is already a member. Bar integration does not
compel the lawyer to associate with anyone. The only compulsion to which he is subjected is the payment of
annual dues.

Q: Is the payment of membership dues in the IBP mandatory?

A: Yes. Every member of the IBP shall pay such annual dues as the Board of Governors shall determine with the
approval of the Supreme Court. A fixed sum equivalent to ten percent of the collection from each Chapter shall
be set aside as a Welfare Fund for disabled members of the Chapter and the compulsory heirs of deceased
members thereof (Rule 139-A, Sec. 9, Rules of Court).

Q: What is the rationale for the imposition of compulsory annual fees?

A: For the Court to prescribe dues to be paid by the members does not mean that the Court levies a tax. A
membership fee in the IBP is an exaction for regulation, while the purpose of a tax is revenue. If the Court has
inherent power to regulate the bar, it follows that as an incident to regulation, it may impose a membership fee
for that purpose. It would not be possible to push through an Integrated Bar program without means to defray
the concomitant expenses. The doctrine of implied powers necessarily includes the power to impose such an
exaction (In the matter of the IBP, 1973).
Q: What is the effect of default in the payment of annual dues?
A: If there is default for six months, it shall warrant suspension of membership in the IBP. If the default is for one
year, it shall be a ground for the removal of the name of the delinquent member from the roll of attorneys (Rule
139-A, Sec. 10, Rules of Court).

Q: Is an applicant’s declaration in his application for admission to the bar examinations that he was “single”
when, in fact, he was married a violation of the duty to uphold the integrity and honesty of the profession?
A: Yes. Canon 7 of the Code of Professional Responsibility provides that a lawyer shall at all times uphold the
integrity and dignity of the legal profession and support the activities of the Integrated Bar. Thus, he shall be
answerable for knowingly making a false statement or suppressing a material fact in connection with his
application for admission to the bar. (Zaguirre v. Castillo, 2003)

Q: Atty. A passed the 1979 bar examinations and took the Attorney’s Oath on 7 May 1980. He was scheduled to
sign the Roll of Attorneys on 13 May 1980, but he failed to do so, allegedly because he had misplaced the Notice
to Sign the Roll of Attorneys given by the Bar Office when he went home to his province for a vacation. He
filed before the SC asking permission to Sign the Roll only 32 years after. Should his petition be granted? Can
he be suspended?
A: Yes. If Atty. A was not allowed to sign in the Roll of Attorneys, it would be akin to imposing upon him the
ultimate penalty of disbarment, a penalty that reserved for the most serious ethical transgressions of members
of the Bar. However, Canon 9 of the Code of Professional Responsibility states that, “A lawyer shall not, directly
or indirectly, assist in the unauthorized practice of law.” Previous violations of Canon 9 have warranted the
penalty of suspension from the practice of law. As Atty. A is not yet a full-fledged lawyer, the Court cannot
suspend him from the practice of law.

However, the Court see it fit to impose upon him a penalty akin to suspension by allowing him to sign in the Roll
of Attorneys one (1) year after receipt of the Resolution (In re: Michael A. Medado, 2013).

Q: X passed the Bar Examinations, and took her oath. She, however, prior to signing the Roll of Attorneys,
appeared as counsel in an election case. Was her appearance an unauthorized practice of law?
A: Yes. It is the signing in the Roll of Attorneys that finally makes one a full-fledged lawyer. The fact that
respondent passed the bar examinations is immaterial. Passing the bar is not the only qualification to become an
attorney-at-law. Respondent should know that two essential requisites for becoming a lawyer still had to be
performed, namely: his lawyer’s oath to be administered by this Court and his signature in the Roll of Attorneys
(Aguirre v. Rana, 2003).

Q: How should a lawyer act towards his opposing counsel?

A: A lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues, and shall
avoid harassing tactics against opposing counsel (Canon 8, Code of Professional Responsibility). He shall not, in his
professional dealings, use language, which is abusive, offensive or otherwise improper (Canon 8, Rule 8.01, Code
of Professional Responsibility).

Q: Cite examples of improper language towards professional colleagues.

A: The following are actions that constitute improper language:
(1) Behaving without due regard for the trial court and the opposing counsel and threatening the court
that he would file a petition for certiorari (Bugaring v. Espanol, 2001);
(2) Filing of a civil case against the opposing counsel without justification but only to gain leverage in the
pending case (Reyes v. Chiong, 2003);
(3) Calling an adverse counsel as "hobo" or using the phrase ay que hobo in reference to the manner of
offering evidence (Castillo v. Padilla, 1984).

Q: What is prohibited under Canon 9?

A: Canon 9 prohibits lawyers from:
(1) Unauthorized practice of law;
(2) Assisting in the unauthorized practice of law.

Q: What are examples of an illegal practice of law?

A: The following are instances that constitute an unauthorized practice of law:
 (1) Appearing as counsel even before taking lawyer's oath (Aguirre v. Rana, 2003);
(2) Using the title "Attorney" in his name even though he is a Shari'a lawyer. Only those who have been
admitted to the Philippine Bar may use the tide "Attorney" (Alain v. Alauya, 1997).

Q: What tasks may be delegated to non-lawyers?

A: A lawyer may delegate the examination of case law, finding of witnesses, examination of court records, and
delivery of papers to non-lawyers. What is prohibited by Canon 9, Rule 9.01 is the delegation to an unauthorized
person of any task which by law may only be performed by a member of the bar.

Q: May lawyers divide or share fees for legal services with persons not licensed to practice law?
A: As a general rule, no. Canon 9 likewise prohibits lawyers from dividing or sharing fees for legal services with
persons not licensed to practice law, except in the following instances:
(1) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money
shall be paid over a reasonable period of time to his estate or to persons specified in the agreement;
(2) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
(3) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based
in whole or in part, on a profit-sharing agreement.

Q: What is the duty of the lawyer to the courts?

A: A lawyer owes candor, fairness and good faith to the court (Canon 10, Code of Professional Responsibility).

Q: Describe the relationship between the lawyer and the courts.

A: A lawyer is an officer of the Courts. As such a lawyer owes candor, fairness and good faith to the court (Canon
10, Code of Professional Responsibility). A lawyer shall observe and maintain the respect due to the courts and to
judicial officers and should insist on similar conduct by others (Canon 11, Code of Professional Responsibility). A
lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of
justice. (Canon 12, Code of Professional Responsibility).

Q: Whether or not a lawyer-senator who called the Supreme Court “idiots” in a privilege speech failed to
observe the respect due to the Court?
A: Yes. In Pobre v. Defensor-Santiago (2009), the Supreme Court held that the lady senator has undoubtedly
crossed the limits of decency and good professional conduct. It is at once apparent that her statements in
question were intemperate and highly improper in substance. No lawyer who has taken an oath to maintain the
respect due to the courts should be allowed to erode the people’s faith in the judiciary. In this case, the lady
senator clearly violated Canon 8, Rule 8.01 and Canon 11 of the Code of Professional Responsibility which
respectively provide:

Canon 8, Rule 8.01. A lawyer shall not, in his professional dealings, use language which is abusive, offensive
or otherwise improper.

Canon 11. A lawyer shall observe and maintain the respect due to the courts and to the judicial officers and
should insist on similar conduct by others.

Q: May a lawyer unduly delay a case or go around the rules of procedure for the purpose of advancing a client’s
cause?
A: No. While lawyers owe their entire devotion to the interest of the client and zeal in the defense of their client's
right, they are also officers of the court, bound to exert every effort to assist in the speedy and efficient
administration of justice. They should not misuse the rules of procedure to defeat the ends of justice or unduly
delay a case, impede the execution of a judgment or misuse court processes. The facts and the law should advise
them that a case such as this should not be permitted to be filed to merely clutter the already congested judicial
dockets. They do not advance the cause of law or their clients by commencing litigations that for sheer lack of
merit do not deserve the attention of the courts (Eternal Gardens Memorial Park Corp. v. CA, 1998).

Q: Define forum shopping.

A: There is forum shopping when a party repetitively avails of several judicial remedies in different courts,
simultaneously or successively, all substantially founded on the same transactions and the same essential facts
and circumstances, and all raising substantially the same issues either pending in or already resolved adversely
by some other court (Sotto v. Palicte, 2014).

Q: Cite instances of forum shopping.

A: The following are examples of a lawyer filing multiple actions arising from the same cause:
(1) When, as a result of an adverse opinion in one forum, a party seeks a favorable opinion in another forum,
(other than by appeal or certiorari) (New Pangasinan Review, Inc. v. NLRC, 1991);
(2) When he institutes two or more actions or proceedings grounded on the same cause, on the gamble
that one or the other court would make a favorable disposition (Commissioner of Customs v. Pilipinas
Shell Petroleum Corp., 2016);
(3) Filing a second suit in a court without jurisdiction. (Villanueva v. Adre, 1989);
(4) Filing an action in court while the same cause of action is still pending in an administrative proceeding
(Earth Minerals Exploration, Inc. v. Macaraig, 1991); and
(5) When counsel omits to disclose the pendency of an appeal, in filing a certiorari case (Collado v.
Hernando, 1988).

Q: What is the effect if the acts of the party or his counsel constitute willful and deliberate forum shopping?
A: It is a ground for summary dismissal with prejudice, constitutes direct contempt and a cause for administrative
sanctions.

Q: What should be avoided under Canon 13?

A: The appearance of influence upon the courts. A lawyer shall rely upon the merits of his cause and refrain from
any impropriety which tends to influence, or gives the appearance of influencing the court. Likewise, in relation
to Canon 3, a lawyer should avoid marked attention and unusual hospitality to a Judge uncalled for by the personal
relations of the parties because they subject him and the Judge to misconceptions of motives.

Q: As a general rule, a lawyer is not obliged to act as legal counsel for any person who may wish to become his
client. What are the exceptions?
A: Yes. The following are the exceptions:
(1) A lawyer shall not refuse his services to the needy (Canon 14, Code of Professional Responsibility);
(2) He shall not decline to represent a person solely on account of the latter's race, sex, creed or status of
life or because of his own opinion regarding the guilt of said person (Canon 14, Rule 14.01, Code of
Professional Responsibility);
(3) For serious and sufficient cause, such as when:
a. He is in no position to carry out the work effectively or competently;
b. He labors under a conflict of interest between him and the prospective client or between a
present client and a prospective client (Canon 14, Rule 14.03, Code of Professional Responsibility).

Q: Does Canon 14, Rule 14.01 apply to civil cases?

A: No. It does not apply because it is the duty of an attorney to counsel or maintain such actions or proceedings
that appear to him to be just, and such defenses only as he believes to be honestly debatable under the law (Rule
138, Sec. 20 (c), Rules of Court). However, it applies only to criminal cases because a lawyer cannot decline to
represent an accused or respondent because of his opinion that the said person is guilty of the charge or charges
filed against him.

Q: Define counsel de officio.

A: Counsel de oficio is a counsel appointed by the Court to represent a party unable to afford a lawyer.

Q: What factors are considered in the appointment of a counsel de oficio?

A: The gravity of the offense, difficulty of the questions that may arise and experience and ability of the appointee.

Q: Who may be appointed as counsel de officio?

A: Members of the bar in good standing and any person, resident of the province and of good repute for probity
and ability, in localities without lawyers.
Q: May a lawyer refuse to act as a counsel de oficio?
A: Yes. Although the general rule is that a lawyer shall not decline an appointment as counsel de oficio or as
amicus curiae, these are subject to the following grounds:
(1) If there are too many de oficio cases assigned to the lawyer (People v. Daeng, 1973);
(2) Conflict of interest;
(3) Lawyer is not in a position to carry out the work effectively or competently;
(4) Lawyer is prohibited from practicing law by reason of his public office which prohibits appearances in
court;
(5) Lawyer is preoccupied with too many cases which will spell prejudice to the new clients (Canon 18, Rule
18.02 & 18.03, Code of Professional Responsibility).

Q: May a lawyer refuse to accept representation of an indigent client?

A: As a general rule, no. A lawyer may not refuse to accept representation of an indigent client, unless:
(1) He is in no position to carry out the work effectively or competently;
(2) He labors under a conflict of interest between him and the prospective client or between a present
client and a prospective client (Canon 14, Rule 14.03, Code of Professional Responsibility).

Q: What does Canon 15 demand of an attorney?

A: It demands of an attorney an undivided allegiance, a conspicuous and high degree of good faith,
disinterestedness, candor, fairness, loyalty, fidelity and absolute integrity in all his dealings and transactions with
his clients and an utter renunciation of every personal advantage conflicting in any way, directly or indirectly,
with the interest of his client (Oparel v. Abaria, 1971).

Q: What is the Confidentiality Rule?

A: Confidential communication is the information transmitted by voluntary act of disclosure between attorney
and client in confidence and by means which, so far as the client is aware, discloses the information to no third
person other than one reasonably necessary for the transmission of the information or the accomplishment of
the purpose for which it was given (Mercado v. Vitriolo, 2005). The purpose of the rule is to protect the client
from possible breach of confidence as a result of a consultation with a lawyer.

Q: What is considered privileged communication? What are the rules governing privileged communication?
A: Privileged communication refers to information transmitted by voluntary act of disclosure between attorney
and client in confidence and by means which so far as the client is aware discloses the information to no third
person other than one reasonably necessary for the transmission of the information or the accomplishment of
the purpose for which it was given.

Matters disclosed by a prospective client to a lawyer are protected by the rule on privileged communication even
if the prospective client does not thereafter retain the lawyer or the latter declines the employment. It covers
crimes and offenses already committed by the client.

The privilege continues to exist even after the termination of the attorney-client relationship.

Q: Does the attorney-client privilege terminate after the termination of the attorney-client relationship?
A: No. The protection given to the client is perpetual and does not cease with the termination of the litigation,
nor is it affected by the client's ceasing to employ the attorney and retaining another, or by any other change of
relation between them. It even survives the death of the client (Bun Siong Yao v. Aurelio, 2006).

Q: Who are the persons entitled to claim the privilege?

A: The following are persons entitled to the privilege:
(1) Lawyer;
(2) Client; and
(3) Third persons who by reason of their work have acquired information about the case being handled
such as:
a. Attorney’s secretary, stenographer and clerk;
b. Interpreter, messengers and agents transmitting communication; and
c. An accountant, scientist, physician, engineer who has been hired for effective consultation (Rule
130, Sec. 24 (b), Rules of Court).
Q: What is the coverage of the attorney-client privilege?
A: It does not cover transactions that occurred beyond the lawyer’s employment with the client, but it does cover
the following:
(1) Communications which are legitimately and properly within the scope of a lawful employment of a
lawyer;
(2) Oral or written statements and actions, signs or other means of communication;
(3) Crime committed by the client in the past.

Q: What are the requisites of privilege communication?

A: The following are requisites for privilege communication:
(1) There is an attorney- client relationship or a kind of consultancy requirement with a prospective client;
(2) 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.

Q: What are the factors to establish the existence of attorney-client privilege?

A: In Hadjula v Madianda (2007), the Supreme Court listed down the essential factors to establish the existence
of the attorney-client privilege communication:
(1) Where the legal advice of any kind is sought
(2) From a professional legal adviser in his capacity as such
(3) The communications relating to that purpose;
(4) Made in confidence;
(5) By the client;
(6) Are at his instance, permanently protected;
(7) From disclosure by himself or by the legal adviser;
(8) Except the protection he waived.

Q: When is there conflict of interest?

A: There is conflict of interest when a lawyer represents inconsistent interests of two or more opposing parties
(Hornilla v. Salunat, 2003).

Q: What are the tests to determine conflict of interest?

A: The tests are:
(1) Invitation of Suspicion - whether the acceptance of a new relation will prevent the attorney from the
full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of
unfaithfulness or double-dealing in the performance thereof (Gamilla, et. al. v. Marino, Jr, 2003).
(2) Conflicting Duties - whether or not in behalf of one client, it is the lawyer’s duty to fight for an issue or
claim, but it is his duty to oppose it for the other client. In brief, if he argues for one client, this argument
will be opposed by him when he argues for the other client.
(3) Use of Prior Knowledge Obtained - whether the lawyer will be asked to use against his former client
any confidential information acquired through their connection or previous employment. (Palm v.
Iledan, Jr, 2009)

Q: Cite examples of conflict of interest.

A: In Nakpil v. Valdes (1998), the Court suspended respondent CPA-lawyer for one year for allowing his accounting
firm to represent two creditors of the estate and, at the same time allowing his law firm to represent two creditors
of the estate.

In Pacana v. Pascual Lopez (2009), respondent’s act of constantly and actively communicating with complainant,
who, at that time, was beleaguered with demands from investors of Multitel, eventually led to the establishment
of a lawyer-client relationship. Respondent cannot shield herself from the inevitable consequences of her actions
by simply saying that the assistance she rendered to complainant was only in the form of friendly
accommodations, precisely because at the time she was giving assistance to complainant, she was already privy
to the cause of the opposing parties who had been referred to her by the SEC.
Q: Should a lawyer dissuade or inform his client if he finds that the intended suit is devoid of merit?
A: Yes. A lawyer when advising his client shall give a candid and honest opinion on the merits and probable results
of the client’s case, neither overstating nor understating the prospects of the case (Canon 15, Rule 15.05, Code of
Professional Responsibility).

Q: Whether or not a lawyer who advised her client to plead compassion to the judge for their motions to be
granted is not acting in compliance with the law?
A: Yes. A lawyer shall impress upon his client compliance with the laws and principles of fairness (Canon 15, Rule
15.07, Code of Professional Responsibility). In Areola v. Mendoza (2014), the Supreme Court held that any means,
not honorable fair and honest resorted to by the lawyer, even in the pursuit of the client’s cause, is unethical and
condemnable.

Q: Is the exercise of a dual profession prohibited?

A: No. Exercise of dual profession is not prohibited but a lawyer must make it clear when he is acting as a lawyer
or when he is acting in another capacity, especially in occupations related to the practice of law (In re: Rothman,
1953).

Q: If the lawyer has a lien for fees on money in his hand, does it relieve him from accounting for the funds
received?
A: No. The relation between an attorney and his client is highly fiduciary in its nature and of a very delicate,
exacting and confidential character, requiring a high degree of fidelity and good faith. As a result, a lawyer shall
account for all money or property collected or received for or from the client (Canon 16, Rule 16.01, Code of
Professional Responsibility). If he does not use the money for its particular purpose, he must immediately return
the same to the client (Belleza v. Macasa, 2009).

Q: What is the rule on commingling of funds?

A: A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him
(Canon 16, Rule 16.02, Code of Professional Responsibility).

Q: Whether or not a lawyer committed culpable negligence, as would warrant disciplinary action in failing to
file an answer for his clients?
A: Yes. In Santiago v. Fojas (1995), the Supreme Court held that once a lawyer agrees to take up the cause of the
client, he must serve the client with competence and diligence, and champion the latter’s cause with
wholehearted fidelity, care and devotion. Every case a lawyer accepts deserves his full attention, diligence, skill
and competence regardless if he accepts it for a fee or not. This means that his client is entitled to the benefit of
any and every remedy and defense that is authorized by the law of the land and said client may expect his lawyer
to assert every such remedy or defense.

Q: When does the delivery of the client’s funds arise?

A: A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have
a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all
judgments and executions he has secured for his client as provided for in the Rules of Court (Canon 16, Rule 16.03,
Code of Professional Responsibility).

Q: When is there a presumption of misappropriation of a client’s funds or property?

A: The failure of an attorney to return the client's money upon demand gives rise to the presumption that he has
appropriated it for his own use in violation of the trust reposed to him by the client (Uinon v. Jig, 2013).

Q: If an attorney has a lien over the documents, funds and papers of his clients, will it amount to
misappropriation if he retains the same until his lawful fees have been paid?
A: No. Under Rule 138, Sec. 37 of the Rules of Court, an attorney who has a lien over the documents, properties
and funds of his client which have lawfully come into his possession may retain the same until his lawful fees and
disbursements have been paid.
Q: May a lawyer borrow or lend money from or to his client?
A: No. A lawyer shall not borrow money from his client unless the client's interests are fully protected by the
nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the
interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.

Q: What is the measure of diligence required of a lawyer in serving his client?

A: A lawyer must exercise ordinary diligence or that reasonable degree of care and skill having reference to the
character of the business he undertakes to do, as any other member of the bar similarly situated commonly
possesses and exercises. He is not, however, bound to exercise extraordinary diligence (Pajarillo v. WCC, 1980).

Q: Does the negligence of counsel bind the client?

A: Yes. A client is bound by the attorney’s conduct, negligence and mistake in handling the case or in management
of litigation and in procedural technique but the same does not apply where the reckless or gross negligence of
counsel deprives the client of due process of where its application results in the outright deprivation of one’s
property through a technicality (Salonga v. CA, 1997) or when the application of the general rule results in serious
injustice (San Miguel Corp. v. Laguesma, 1994).

Q: May a lawyer undertake a legal service of which he knows he is not qualified?

A: Generally, no. A lawyer shall not undertake a legal service which he knows or should know that he is not
qualified to render. However, he may render such service if, with the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent on the matter (Canon 18, Rule 18.01, Code of Professional
Responsibility).

Q: What are examples of lawyer´s negligence?

A: the following are examples of lawyer’s negligence:
(1) Failure of counsel to ask for additional time to answer a complaint resulting in a default judgment
against his client. (Mapua v. Mendoza, 1923)
(2) Failure to bring suit immediately, as when it was filed when the defendant had already become insolvent
and recovery could no longer be had;
(3) Failure to ascertain date of receipt from post office of notice of decision resulting in the non- perfection
of the appellant´s appeal (De Jesus v. PNB, 1964)
(4) Failure to file briefs within the reglementary period (People v. Cawili, 1970)
(5) Failure to attend a trial without filing a motion for postponement or without requesting either of his
two partners in the law office to take his place and appear for the defendants (Gaerlan v. Bernal, 1952)

Q: What is the duty of the lawyer to his client?

A: A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to
client’s request for information (Canon 18, Rule 18.04, Code of Professional Responsibility).

Q: What does Rule 19.01, Canon 19 of the Code of Professional Responsibility prescribe the lawyer to do in
presenting his clients?
A: 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.

Q: What should a lawyer do if he has knowledge of a fraudulent act committed by his client?
A: Under Canon 19, Rule 19.02 of the Code of Professional Responsibility, a lawyer who has received information
that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall
promptly call upon his client to rectify the same, and failing which, he shall terminate the relationship with such
client.

Q: What subjects in a case are within the client’s control?

A: As a general rule, a lawyer shall not allow his client to dictate the procedure on handling the case. However,
the cause of action, claim or demand sued upon, and the subject matter of the litigation are all within the exclusive
control of a client and cannot be impaired, compromised or settled by the attorney without his client’s consent.
Q: Distinguish between acceptance fee and contingency fee.
A: Acceptance fee refers to the charge imposed by the lawyer for merely accepting the case. Since the acceptance
fee only seeks to compensate the lawyer for the lost opportunity, it is not measured by the nature and extent of
the legal services rendered (Dalupan v. Gacott, 2015).

In a contingent fee contract, the lawyer gets reimbursed for the advances made for the client in the course of
representation, whether he wins the suit or not; only the amount of the professional fee is contingent upon
winning.

Q: What is a charging lien?

A: A charging lien is the right which the attorney has upon all judgments for payment of money, and executions
in pursuance of such judgments, obtained in favor of the client, to secure reimbursement for advances made and
payment of attorney’s fees. There must be (1) an attorney-client relationship; (2) the attorney has rendered
services; (3) a money judgment favorable to the client has been secured in the action; and (4) the attorney has a
claim for attorney’s fees or advances a statement of his claim has been recorded in the case with notice served
upon the client and adverse party.

Q: With regard to fees, what should the lawyer avoid based on Rule 20.04, Canon 20?
A: A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud.

Q: What is the recourse of a lawyer to recover his attorney’s fees?

A: He may file a petition or motion as an incident in the main action where he rendered legal services or file a
separate civil action for collection of attorney’s fees.

Q: What is the recourse of a lawyer in case of non-payment?

A: In case he is not compensated despite the execution of a retainer agreement, Rule 16.03 of the Code of
Professional Responsibility provides that he shall have a lien over the funds and may apply so much thereof as
may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He
shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided
for in the Rules of Court.

The lawyer may likewise collect on the basis of quantum meruit. Quantum meruit, meaning “as much as he
deserves”, is used as the basis for determining the lawyer’s professional fees in the absence of a contract (Sps.
Garcia v. Atty. Bala, 2005). A lawyer will receive such amount commensurate to the services he rendered during
the period of lawyer-client relationship which may have been severed by either party during the pendency of the
referral. It may also be collected in event of the death of counsel before the resolution of the case (International
Hotel Corporation v. Joaquin and Suarez, 2013).

Q: What is a retaining lien?

A: A retaining fee can partake of an acceptance fee and covers professional fees for services rendered including
the payment of such amount as may be agreed upon by the parties in the course of handling a legal matter for
the client. There must be (1) an attorney-client relationship; (2) lawful possession by the lawyer of a client’s funds,
documents, and papers in his professional capacity; and (3) an unsatisfied claim for attorney’s fees or
disbursements.

Q: Discuss the two concepts of attorney’s fees.

A: There are two concepts of attorney's fees:
(1) In the ordinary sense, attorney's fees represent the reasonable compensation paid to a lawyer by his
client for the legal services rendered to the latter.
(2) In its extraordinary concept, attorney's fees may be awarded by the court as indemnity for damages to
be paid by the losing party to the prevailing party, such that, in any of the cases provided by law where
such award can be made, e.g., those authorized in Article 2208 of the Civil Code, the amount is payable
not to the lawyer but to the client, unless they have agreed that the award shall pertain to the lawyer as
additional compensation or as part thereof (Masmud v. NLRC, 2009).
Q: May a lawyer reveal the confidence and secrets of his client?
A: As a general rule under Canon 21 of the Code of Professional Responsibility, a lawyer shall preserve the
confidence and secrets of his client even after the attorney-client relationship is terminated. However, he may
reveal such secrets under the following circumstances:
(1) When authorized by the client after acquainting him of the consequences of the disclosure;
(2) When required by law;
(3) When necessary to collect his fees or to defend himself, his employees or associates of by judicial action
(Canon 21, Rule 21.01, Code of Professional Responsibility).

Q: When may a lawyer withdraw his services?

A: Yes. A lawyer shall withdraw his services only for a good cause and upon notice appropriate in the
circumstances (Canon 22, Code of Professional Responsibility).

Q: Cite three instances when a lawyer is allowed to withdraw his or her services.
A: Any of the following under Canon 22.01 are instances when a lawyer may withdraw his/her services:
(1) When the client pursues an illegal or immoral course of conduct in connection with the matter he is
handling;
(2) When the client insists that the lawyer pursue conduct violative of these canons;
(3) When his inability to work with co-counsel will not promote the best interest of the client;
(4) When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;
(5) When the client deliberately fails to pay the fees for the services of fails to comply with the retainer
agreement;
(6) When the lawyer is elected or appointed to public office, and
(7) Other similar cases.

Q: What are responsibilities of a lawyer who withdraws or is discharged?

A: Rule 22.02 provides that a lawyer who withdraws or is discharged shall, subject to a retainer lien:
(1) Immediately turn over all papers and property to which the client is entitled;
(2) Cooperate with his successor in the orderly transfer of the matter, including all information necessary
for the proper handling of the matter.

Q: May a lawyer who is also the clerk of court and ex-officio sheriff be charged with disbarment for changing
the bid price in the Certificate of Sheriff’s sale?
A: Yes. The general rule is that a lawyer who holds a government office may not be disciplined as a member of
the bar for misconduct in the discharge of his office as a government official, unless such misconduct is of such
character as to affect his qualification as a lawyer or to show moral delinquency (Dinsay v. Cioco, 1996).

Q: What is the nature and purpose of a disbarment case?

A: A disbarment case is a sui generis proceeding. Neither purely civil nor purely criminal, this proceeding is not -
and does not involve - a trial of an action or a suit, but is rather an investigation by the Court into the conduct of
one of its officers. Not being intended to inflict punishment, it is in no sense a criminal prosecution. It may be
initiated by the Court motu proprio. Public interest is its primary objective, and the real question for
determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in
the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his
actuations as an officer of-the Court with the end in view of preserving the purity of the legal profession and the
proper and honest administration of justice by purging the profession of members who by their misconduct have
proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office
of an attorney (Que v. Revilla Jr., 2009).

Q: Does an administrative case against a lawyer prescribe?

A: No. In Bengco v. Bernardo (2012) the Supreme Court held the lapse of considerable time from the commission
of the offending act to the institution of the administrative complaint will not erase the administrative culpability
of a lawyer.
Q: What are the grounds for the disbarment of lawyers?
A:
(1) Deceit;
(2) Malpractice, or other gross misconduct in such office;
(3) Grossly immoral conduct,
(4) Conviction of a crime involving moral turpitude;
(5) Violation of the oath of office;
(6) Willful disobedience of any lawful order of a superior court;
(7) Corruptly or willfully appearing as an attorney for a party to a case without authority so to do.

Q: What is the quantum of proof required in disbarment cases of lawyers?

A: Preponderance of Evidence. The evidence adduced by one side is, as a whole, superior to or has a greater
weight than that of the other. It means evidence which is more convincing to the court as worthy of belief
compared to the presented contrary evidence (Ylaya v. Gacott, 2013).

Q: Is the IBP the ultimate disciplining authority?

A: No, it is the Supreme Court. In Bautista v. Gonzales (1990), the Court ruled that referral of complaints to the
IBP is not mandatory as it is not an exclusive procedure under Rule 139-B. Under this rule, the Supreme Court
may conduct disciplinary proceedings against lawyers without the intervention of the IBP by referring the
complaint to the Solicitor General, or to any officer of the Supreme Court, or to a judge of a lower court.

Q: Which courts have the power to institute proceedings for disbarment and suspension or discipline of
attorneys?
A: Proceedings for disbarment, suspension or discipline of attorneys may be taken by the:
(1) Supreme Court motu proprio; or
(2) Integrated Bar of the Philippines (IBP) upon the verified complaint of any person (Rule 139-B, Sec. 1, Rules
of Court as amended by Bar Matter no. 1960).

Q: How can the IBP Board of Governors initiate and prosecute the proper charges against erring attorneys in
the government service?
A: The IBP can prosecute the proper charge motu proprio, upon referral by the Supreme Court or upon referral
by a Chapter Board of officers, or at the instance of any person.

Q: Charges against whom shall be filed with the Supreme Court?

A: All charges against the following shall be filed with the Supreme Court:
(1) Justices of the Court of Appeals;
(2) Justices of the Sandiganbayan;
(3) Judges of the Court of Tax Appeals; and
(4) Judges of lower courts (Rule 139 - B, Sec. 1(2), Rules of Court)

Q: Is it mandatory for the Supreme Court to refer to the IBP the complaints against lawyers?
A: No. The Supreme Court may conduct disciplinary proceedings without the intervention of the IBP by referring
cases for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court.
In such case, the report and recommendation of the investigating official shall be reviewed directly by the
Supreme Court (Bautista v. Gonzales, 1990).

Q: If an attorney is also admitted as a lawyer in a foreign jurisdiction, what is the effect of his disbarment or
suspension by a competent court or other disciplinary authority in said foreign jurisdiction to his membership
in the Philippine Bar?
A: He may be disbarred or suspended in the Philippines if the grounds for his suspension or disbarment in a
foreign jurisdiction is also a ground for suspension or disbarment in the Philippines, or if it shows a loss of his
good moral character (In Re: Maquera, 2004). He is, however, still entitled to notice and hearing and the decision
of the foreign tribunal will only be prima facie evidence of his guilt.
Q: Can the Supreme Court order a lawyer to return the money to the complainant if such lawyer acted in a
private capacity?
A: No. The Court cannot order the lawyer to return money to complainant if he or she acted in a private capacity
because its findings in administrative cases have no bearing on liabilities which have no intrinsic link to the
lawyer’s professional engagement. In disciplinary proceedings against lawyers, the only issue is whether the
officer of the court is still fit to be allowed to continue as a member of the Bar. The only concern of the Court is
the determination of respondent’s administrative liability. Its findings have no material bearing on other judicial
actions which the parties may choose against each other. (Foster v. Agtang, 2014)

Q: Define readmission.
A: It is the restoration proceedings to a disbarred lawyer, the privilege to practice law. It is also referred to as
reinstatement.

Q: Does the Supreme Court have the power to re-admit lawyers to practice?
A: Yes. This power of the Supreme Court is founded on its constitutional prerogative to promulgate rules
concerning the admission to the practice of law and the Integrated Bar (Art. VIII, Sec. 5(5), 1987 Constitution).

Q: What is the objective of the Supreme Court in the determination of a lawyer’s readmission to the bar?
A: The sole object of the court upon an application for reinstatement to practice is to determine whether or not
the applicant has satisfied and convinced the Court by positive evidence that the effort he has made toward the
rehabilitation of his character has been successful and that he is entitled to be re-admitted to a profession which
is intrinsically an office of trust (In re: Rusiana, 1974).

Q: Is the lifting of suspension of lawyers automatic?

A: The lifting of a lawyer’s suspension is not automatic upon the end of the period stated in the Court’s decision,
and an order lifting the suspension at the end of the period is necessary in order to enable him to resume the
practice of his profession (OCA Circular no. 44-2014).

Q: Is a suspended lawyer still mandated to pay his IBP dues?

A: Yes. A lawyer who has been suspended from the practice of law indefinitely is still obliged to pay his IBP dues
during his suspension as he continues to be a lawyer and a member of the IBP.

Q: What is the basic inquiry of the Supreme Court in a petition for reinstatement?
A: The inquiry is whether the lawyer has sufficiently rehabilitated himself or herself in conduct and character.
The lawyer has to demonstrate and prove by clear and convincing evidence that he or she is again worthy of
membership in the Bar. The Court will take into consideration his or her character and standing prior to the
disbarment, the nature and character of the charge/s for which he or she was disbarred, his or her conduct
subsequent to the disbarment, and the time that has elapsed in between the disbarment and the application for
reinstatement.

Q: What are the guidelines in resolving requests for judicial clemency of disbarred lawyers?
A: The following guidelines are followed in the resolution of requests for judicial clemency:
(1) There must be proof of remorse and reformation;
(2) Sufficient time must have lapsed from the imposition of the penalty to ensure a period of reformation;
(3) The age of the person asking for clemency must show that he still has productive years ahead of him
that can be put to good use by giving him a chance to redeem himself;
(4) There must be a showing of promise (such as intellectual aptitude, learning or legal acumen or
contribution to legal scholarship and the development of the legal system or administrative and other
relevant skills), as well as potential for public service;
(5) There must be other relevant factors and circumstances that may justify clemency (In Re: Letter of Judge
Diaz, 2007).

Q: Does the loss of Filipino citizenship terminate the privilege to practice law in the Philippines?
A: Yes, but subject to an exception. Filipino citizenship is a requirement for admission to the bar, loss thereof
terminates membership in the Philippine bar and, consequently, the privilege to engage in the practice of law (In
Re: Dacanay, 2007). However, under R.A. No. 9225, all Philippine citizens who become citizens of another country
shall be deemed not to have lost their Philippine citizenship.
Q: Is the right to resume the practice of law automatic?
A: No. Those intending to practice their profession in the Philippines shall apply with the proper authority for a
license or permit to engage in such practice (Sec. 5 (4), R.A. No. 9225). Before a lawyer who reacquires Filipino
citizenship pursuant to R.A. No. 9925 can resume his law practice, he must first secure from the Supreme Court
the authority to do so, conditioned on:
(1) The updating and payment in full of the annual membership dues in the IBP;
(2) The payment of professional tax;
(3) The completion of at least 36 credit hours of MCLE;
(4) The re-taking of the lawyer’s oath.

Q: Can a former Filipino resume his practice of law in the Philippines?

A: Yes. The Supreme Court said that a Filipino lawyer who has been naturalized in another country does not
automatically enjoy the right to resume his practice of law when he returns to the Philippines. It held that under
the Rules of Admission to the Philippine Bar, one must be a Filipino citizen. Thus, when he assumed another
citizenship, he ipso facto lost his Filipino citizenship. The returning Filipino lawyer must repatriate himself under
the provisions of RA 9225, which says that “all Philippine citizens who became citizens of another country shall
be deemed not to have lost their Philippine citizenship under the conditions of (RA 9225).” RA 9225 provides that
if a person intends to practice the legal profession in the Philippines and he re-acquires his Filipino citizenship
pursuant to its provisions, “he shall apply with the proper authority for a license or permit to engage in such
practice.” (In Re: Petition to Re-acquire the Privilege to Practice Law in the Philippines (Epifanio B. Muneses, 2012).

Q: What is the purpose of the Mandatory Continuing Legal Education?

A: Continuing legal education is required of members of the IBP to:
(1) Ensure that throughout their career, they keep abreast with law and jurisprudence;
(2) Maintain the ethics of the profession;
(3) Enhance the standards of the practice of law (Rule 1, Sec. 1, Bar Matter 850).

Q: What are the requirements needed of IBP members?

A: Members of the IBP shall complete, every three years, at least 36 hours of continuing legal education activities
approved by the MCLE Committee. Aside from this, they are required to do the following:
(1) Attending approved education activities like seminars, conferences, conventions, symposia, in-house
education programs, workshops, dialogues or round table discussion;
(2) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker,
moderator, coordinator or facilitator in approved education activities;
(3) Teaching in a law school or lecturing in a bar review class;
(4) Preparing, as an author or co-author, written materials published or accepted for publication, e.g., in the
form of an article, chapter, book, or book review which contribute to the legal education of the author
member, which were not prepared in the ordinary course of the member’s practice or employment;
(5) Editing a law book, law journal or legal newsletter.

Q: When shall the compliance period begin?

A: The initial compliance period shall be from April 15, 2001 up to April 14, 2004. All succeeding compliance periods
shall begin the day after the end of the preceding compliance period. The initial compliance period for members
newly admitted or readmitted to the IBP shall begin on the first day of the month of admission or readmission
and shall end on the same day as that of all other members. (Sec. 3, MCLE Implementing Regulations)

Q: Who are exempt from MCLE compliance?

A: The following are exempt under Rule 7, Sec. 1:
(1) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of
Executive Departments;
(2) Senators and Members of the House of Representatives;
(3) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the
judiciary, incumbent members of the Judicial and Bar Council, incumbent members of the Mandatory
Continuing Legal Education Committee, and incumbent court lawyers covered by the Philippine Judicial
Academy program of continuing judicial education;
(4) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;
 (5) The Solicitor General and the Assistant Solicitors General;
(6) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
(7) The Chairmen and Members of the Constitutional Commissions;
(8) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor
of the Office of the Ombudsman;
(9) Heads of government agencies exercising quasi-judicial functions;
(10) Incumbent deans, bar reviewers and professors of law who have teaching experience for at least ten (10)
years in accredited law schools;
(11) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of
the Philippine Judicial Academy; and
(12) Governors and Mayors.

Q: Who are the other parties exempted from MCLE?

A: The following are exempt under Rule 7, Sec. 2:
(1) Those who are not in law practice, private or public;
(2) Those who have retired from law practice with the approval of the IBP Board of Governors.

Q: What is the effect of non-compliance at the end of the compliance period?

A: A member who is in non-compliance at the end of the compliance period shall pay a non-compliance fee of
P1,000.00 and shall be listed as a delinquent member of IBP Board of Governors upon the recommendation of
the MCLE Committee, in which case Rule 139-B of the Court shall apply. (Sec. 12 (e), Bar Matter No. 850, as
amended)

Q: Is the failure of the lawyer to disclose the number and date of issue of his MCLE Certificate of Compliance
or Exemption a cause for dismissal?
A: Yes. Practicing members of the bar are required to indicate in all pleadings filed before the courts or quasi-
judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or Exemption, for the
immediately preceding compliance period. Failure to disclose the required information would be cause of
dismissal and expunction of the pleadings from the records.

Q: What is the scope of Bar Matter 2012: The Rule on Mandatory Legal Aid Service?
A: It governs the mandatory requirement for practicing lawyers to render free legal aid services in all cases
involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty
of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines
(Sec. 3, Bar Matter No. 2012).

Q: State the purpose of the Rule on Mandatory Legal Aid Service.

A: The rule seeks to enhance the duty of lawyers to the society as agents of social change and to the courts as
officers by helping improve access to justice by the less privileged members of society and expedite the resolution
of cases involving them (Sec. 2, Bar Matter No. 2012).

Q: What are the qualifications of a notary public?

A: A notary public must be:
(1) Citizen of the Philippines;
(2) Over 21 years of age;
(3) Resident of the Philippines for at least 1 year and maintains a regular place of work or business in the
city or province where the commission is to be issued;
(4) Member of the Philippine Bar in good standing with clearances from the Office of the Bar of the
Philippines;
(5) Not have been convicted in the first instance of any crime involving moral turpitude (Rule III, Sec. 1, A.M.
No. 02-8-13-SC 2004 Rules on Notarial Practice).

Q: What is the term of office of a notary public?

A: A period of two (2) years commencing from the first day of January of the year in which the commissioning is
made, unless earlier revoked, or the notary public has resigned (Sec. 11, Rule III, A.M. No. 02-8-13-SC).
Q: May a notary public’s term of office be renewed?
A: Yes. A notary public may file a written application with the Executive Judge for the renewal of his commission
within 45 days before the expiration thereof (Rule III, Sec. 13, A.M. No. 02-8-13-SC).

Q: What are the powers of a notary public?

A: A notary public is empowered to perform
(1) Notarial acts, such as
a. Acknowledgements
b. Oaths and affirmations
c. Jurats
d. Signature witnessing
e. Copy certifications; and
f. Any other act authorized by the rules
(2) Certify the affixing of signature by thumb or other mark on an instrument or document presented for
notarization; and
(3) Sign, on behalf of a person who is physically unable to sign or make a mark on an instrument (Rule IV,
Sec. 1(a), A.M. No. 02-8-13-SC).

Q: When is a notary public prohibited to perform a notarial act?

A:
(1) A person shall not perform a notarial act if the person involved as a signatory to the instrument or
document is:
a. Not in the notary’s presence personally at the time of the notarization; and
b. Not personally known to the notary public or otherwise identified by the notary public through
competent evidence of identity as defined by the Rules (Rule IV, Sec. 2(b), A.M. No. 02-8-13-SC).
(2) A notary public shall not perform a notarial act outside of his regular place of business or work, provided
that on certain exceptional situations, a notarial act may be performed at the request of the parties in
the following sites located within his territorial jurisdiction:
a. Public offices, convention halls, and similar places where oaths of office may be administered
b. Public function areas in hotels and similar places for the signing of instruments or documents
requiring notarization
c. Hospitals and other medical institutions where a party to an instrument or document is
confined for treatment
d. Any place where a party to an instrument or document requiring notarization is under
detention.

Q: When is a notary public disqualified from performing a notarial act?

A: A notary public is disqualified from performing a notarial act if he:
(1) Is a party to the instrument or document that is to be notarized;
(2) Will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash,
property, or other consideration, except as provided by these Rules and by law; or
(3) Is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the
principal within the fourth civil degree (Rule IV, Sec. 3, A.M. No. 02-8-13-SC).

Q: What is a Notarial Register?

A: A permanently bound book with numbered pages containing a chronological record of notarial acts performed
by a notary public (Rule II, Sec. 5, A.M. No. 02-8-13-SC).

Q: May a notary public notarize documents beyond the territorial jurisdiction of the commissioning court that
issued his commission?
A: No. A person commissioned as a notary public may perform notarial acts only in any place within the territorial
jurisdiction of the commissioning court.

Q: What are the grounds for the revocation of commission?

A: The following are the grounds for the revocation of commission:
(1) Fails to keep a notarial register;
(2) Fails to make the proper entry or entries in his notarial register concerning his notarial acts;
 (3) Fails to send the copy of the entries to the Executive Judge within the first 10 days of the month following;
(4) Fails to affix to the acknowledgments the date of expiration of his commission;
(5) Fails to submit his notarial register, when filed, to the Executive Judge;
(6) Fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
of his duties, as may be required by the judge;
(7) Fails to require the presence of a principal at the time of the notarial act;
(8) Fails to identify a principal on the basis of personal knowledge or competent evidence;
(9) Executes a false or incomplete certificate under Section 5, Rule IV;
(10) Knowingly performs or fails to perform any other act prohibited or mandated by these Rules;
(11) Commits any other dereliction or act which in the judgment of the Executive Judge constitutes good
cause for revocation of commission or imposition of administrative sanction (Rule XI, Sec. 1, A.M. No. 02-
8-13-SC).

Q: Would a notary public who admittedly has personal knowledge of a false statement or information
contained in the instrument to be notarized yet affixes the notarial seal be subject to disciplinary action?
A: Yes. A notary public should not notarize a document unless the persons who signed it are the same ones who
executed it and who personally appeared before said notary public to attest to the contents and truth of what
are stated therein (De Jesus v. Sanchez-Malit, 2014). Such action is a violation of Canon 1 and Rules 1.01 and 1.02 of
the Code of Professional Responsibility, and the Notarial Law.

Q: What constitutes competent proof of identity?

A: Sec. 12 of the 2004 Rules on Notarial Practice provides that the following shall be competent proof of identity:
(1) At least one current identification document issued by an official agency bearing the photograph and
signature of the individual, such as but not limited to: passport, driver’s license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter’s ID,
Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System
(SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID,
OFW ID, seaman’s book, alien certificate of registration/immigrant certificate of registration,
government office ID, certification from the National Council for the Welfare of Disabled Persons
(NCWDP), Department of Social Welfare and Development (DSWD) certification; and
(2) The oath or affirmation of one credible witness not privy to the instrument, document or transaction
who is personally known to the notary public and who personally knows the individual, or of two credible
witnesses neither of whom is privy to the instrument, document or transaction who each personally
knows the individual and shows to the notary public documentary identification.

Q: Will a cedula/community tax certificate suffice as a competent proof of identity?

A: It depends. A document notarized before the effectivity of the 2004 Notarial Rules will be governed by the
relevant provisions of the Revised Administrative Code, wherein the cedula will suffice as proof of identity.
Otherwise, the requirements of the 2004 Notarial Rules will apply.

Q: What is the liability of a lawyer for notarizing a document when the affiant is already dead?
A: In Linco v. Laceban (2011), the Supreme Court held that a notary public who notarized a Deed of Donation of
another lawyer after his death to the detriment of the interests of the surviving lawyer-spouse was suspended
by the Supreme Court.

JUDICIAL ETHICS

Q: What is the outline of the New Code of Judicial Conduct for the Philippine Judiciary?
A: Canon 1: Independence; Canon 2: Integrity; Canon 3: Impartiality; Canon 4: Propriety; Canon 5: Equality; and
Canon 6: Competence and Diligence.

Q: Does the Supreme Court have administrative jurisdiction over Judges and Justices?
A: Yes. Section 6, Article VIII of the Constitution provides that the Supreme Court shall have administrative
supervision over all courts and the personnel.
Q: When does the Supreme Court En Banc have jurisdiction over a disbarment case?
A: The cases where the penalty to be imposed is the dismissal of a judge, officer or employee of the Judiciary,
disbarment of a lawyer, or either the suspension of any of them for a period of more than one (1) year or a fine
exceeding P10,000.00, or both, are resolved by the Supreme Court en banc (Bar Matter No. 209).

Q: Discuss tie voting in the Supreme Court En Banc.

A: When, in an administrative case against any of the Justices of the appealed courts or any of the Judges of the
trial Courts, the impossible penalty is dismissal and the Court en banc is equally divided in opinion or the majority
vote required by the Constitution for dismissal cannot be had, the Court shall deliberate on the case anew.

If after such deliberation still no decision is reached, the Court shall dismiss the administrative case, unless a
majority vote decides to impose a lesser penalty.

Q: What is the rule on compulsory disqualification of Judges?

A: No judge or judicial officer shall sit in any case, without the written consent of all parties in interest and entered
upon the record, in which:
(1) He, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise;
(2) He is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of the civil law;
(3) He has been executor, administrator, guardian, trustee or counsel;
(4) He has presided in any inferior court when his ruling or decision is the subject of review (Rule 137, Sec. 1,
Rules of Court).

Q: What is the rationale behind the rule on compulsory disqualification?

A: The law conclusively presumes that a judge cannot objectively or impartially sit in such a case and, for that
reason, prohibits him and strikes at his authority to hear and decide it, in the absence of written consent of all
parties concerned. The purpose is to preserve the people's faith and confidence in the courts' justice (Garcia v.
De La Pena, 1994).

Q: What is the rule on voluntary disqualification of Judges?

A: A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid
reasons other than those mentioned (Rule 137, Sec. 1(2), Rules of Court).

Q: What is the rationale behind the rule on voluntary disqualification?

A: A judge must maintain and preserve the trust and faith of the parties-litigants. He must hold himself above
reproach and suspicion. At the very first sign of lack of faith and trust to his actions, whether well-grounded or
not, the judge has no other alternative but inhibit himself from the case.

Q: What is remittal of disqualification of a judge? How is it effected?

A: Remittal of disqualification is the process by which a judge who is disqualified to sit on a case on any of the
grounds enumerated in Section 5, Canon 3 of the New Code of Judicial Conduct for the Philippine Judiciary, may
purge himself of such a disqualification so that he may act upon the case.

Remittal is effected under Section 6 of the same Canon: “A judge disqualified as stated above may, instead of
withdrawing from the proceeding, disclose on the records the basis of the disqualification. If, based on such
disclosure, the parties and lawyers independently of judge’s participation, all agree in writing that the reason for
the inhibition is immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement,
signed by all parties and lawyers, shall be incorporated in the record of the proceedings.”

Q: Is intimacy or friendship between a judge and an attorney of record of one of the parties to a suit a ground
for disqualification?
A: No. It is not a legal ground for disqualification of a judge. However, if the relationship between the judge and
an attorney for a party is such that there would be a natural inclination to prejudice the case, the judge should
be disqualified in order to guarantee a fair trial (Query of Executive Judge Estrada, 1987).

Q: How are proceedings for the discipline of judges of regular and special courts and Justices of the Court of
Appeals and the Sandiganbayan instituted?
A: These proceedings for members of the Judiciary in lower courts may be instituted:
 (1) Motu proprio by the Supreme Court;
(2) Upon a verified complaint, supported by affidavits of person who have personal knowledge of the facts
alleged therein or by documents which may substantiate said allegations; or
(3) Upon an anonymous complaint, supported by public records of indubitable integrity (Rule 140, Sec. 1,
Rules of Court, as amended by A.M. No. 01 - 8-10-SC).

Q: Can the Supreme Court take cognizance of an anonymous letter-complaint against a Judge of the RTC?
A: Yes. Section 1 of Rule 140 of the Rules of Court provides that proceedings for the discipline of judges of regular
and special courts, and justices of the Court of Appeals and the Sandiganbayan, may be instituted "upon an
anonymous complaint, supported by public records of indubitable integrity".

Q: Describe the procedure followed when giving due course to a complaint against an RTC judge.
A: If the complaint is sufficient in form and substance, as copy thereof shall be sent to the respondent, and he
shall be required to comment within ten (10) days from date of service. Upon the filing of the respondent's
comment, the Supreme Court shall refer the matter to the office of the Court Administrator for evaluation, report
and recommendation, or assign the case to a Justice of the Court of Appeals, for investigation, report and
recommendation.

The Investigating Justice shall set a date for the hearing and notify the parties thereof, and they may present
evidence, oral or documentary, at such hearing. The Investigating justice shall terminate the investigation within
ninety (90) days from its commencement, and submit his report and recommendation to the Supreme Court
within thirty (30) days from the termination of the investigation. The Supreme Court shall take action on the
report as the facts and the law may warrant.

Q: May members of the Supreme Court be impeached?

A: Yes. Members of the Supreme Court may be removed from office on impeachment for, and conviction of,
culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of
public trust (Article X, Sec. 2, 1987 Constitution).

Q: Is the Supreme Court En Banc the disciplining body with regard to Judges of the Lower Courts and Justices
of the Court of Appeals and Sandiganbayan?
A: Yes. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their
dismissal by a vote of majority of the Members who actually took part in the deliberations on the issues in the
case and voted thereon (Article VIII, Sec. 11, 1987 Constitution).

Q: What is the quantum of proof required to dismiss a judge?

A: Inasmuch as what is imputed against the respondent judge connotes a misconduct so grave that, if proven, it
would entail dismissal from the bench, the quantum of proof required should be more than substantial (Tan v.
Usman, 2014).

Q: What are the grounds for discipline of Supreme Court justices?

A: Article XI, Section 2 of the 1987 Constitution provides the following grounds:
(1) Culpable violation of the Constitution;
(2) Treason;
(3) Bribery;
(4) Graft and Corruption;
(5) Other high crimes; or
(6) Betrayal of Public Trust.

Q: What are the classifications of administrative charges?

A: Serious, less serious or light charges.

Q: What are the grounds for serious charges?

A: The following are considered serious charges:
(1) Bribery, direct or indirect;
(2) Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (RA 3019) ;
(3) Gross misconduct constituting violations of the Code of Judicial Conduct;
 (4) Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate
proceeding;
(5) Conviction of a crime involving moral turpitude;
(6) Willful failure to pay a just debt;
(7) Borrowing money or property from lawyers and litigants in a case pending before the court;
(8) Immorality;
(9) Gross ignorance of the law or procedure;
(10) Partisan political activities;
(11) Alcoholism and/or vicious habits (Rule 140, Sec. 8, Rules of Court)

Q: What are the grounds for less serious charges?

A: The following are considered less serious charges:
(1) Undue delay in rendering a decision or order, or in transmitting the records of a case;
(2) Frequently and unjustified absences without leave or habitual tardiness;
(3) Unauthorized practice of law;
(4) Violation of Supreme Court rules, directives, and circulars;
(5) Receiving additional or double compensation unless specifically authorized by law;
(6) Untruthful statements in the certificate of service;
(7) Simple misconduct (Rule 140, Sec. 9, Rules of Court)

Q: What are the grounds for light charges?

A: The following are considered light charges:
(1) Vulgar and unbecoming conduct;
(2) Gambling in public;
(3) Fraternizing with lawyers and litigants with pending case/cases in his court;
(4) Undue delay in the submission of monthly reports.

Q: In the case of serious charges against erring members of the Judiciary, what are the sanctions imposed by
the Supreme Court?
A: The Supreme Court may impose:
(1) Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and
disqualification from reinstatement or appointment to any public office, including GOCCs but said
forfeiture of benefits shall in no case include accrued leave credits;
(2) Suspension from office without salary and other benefits for more than three (3) but not exceeding six
(6) months; or
(3) Fine of more than P20,000.00 but not exceeding P40,000 (Rule 140, Sec. 11(a), as amended by A.M. No. 01-
8-10-SC).

Q: In the case of less serious charges against erring members of the Judiciary, what are the sanctions imposed
by the Supreme Court?
A: The Supreme Court may impose:
(1) Suspension from office without salary and other benefits for not less than one (1) nor more than three
(3) months; or
(2) A fine of more than P10,000.00 but not exceeding P20,000.00 (Rule 140, Sec. 11(b), as amended by A.M. No.
01-8-10-SC).

Q: In the case of light charges against erring members of the Judiciary, what are the sanctions imposed by the
Supreme Court?
A: The Supreme Court may impose:
(1) A fine of not less than P1,000.00 but not exceeding P10,000.00; and/or
(2) Censure;
(3) Reprimand; or
(4) Admonition with warning (Rule 140, Sec. 11(c), as amended by A.M. No. 01-8-10-SC).

There are no traffic jams on the extra mile.

– Zig Ziglar
 FORM: DEMAND LETTER

[DATE]

[Name of debtor]
[Address of debtor]

Sir/Madam:

We write in behalf of our client, ____________, the matter of your non-payment of your obligation.

Records disclose that you have an outstanding obligation with our client in the amount of Php___________
inclusive of interest and surcharges. Despite repeated demands, you failed and continuously fail to pay the
aforesaid amount.

Accordingly, FINAL DEMAND is hereby made upon you to settle the amount of Php___________
within _______ days from receipt of this letter. Otherwise, we will be constrained to file the necessary legal
action against you to protect the interest of our client.

We trust that you will give this matter your prompt and preferential attention to avoid the expense and
inconvenience of litigation.

Sincerely yours,

ATTY. __________
 FORM: AUTHORIZATION LETTER

AUTHORIZATION LETTER

[DATE]

[Recipient Name]
[Recipient Address]

To whom it may concern,

I, _______________, hereby authorized the bearer of this letter, _________________, to [process the
documents and sign on my behalf as needed] as described in the scope below. Identity proof details are also
provided for verification and authentication purposes.

Authorized Person: [John Smith]

Identity Type: [Passport]
Identity Number: [123456]
Authorized Person’s Signature:
Scope of Authorization: [process documents]
Start Date: [start date]
End Date: [end date]

Thank you very much.

Respectfully yours,

________________
 FORM: CONTRACT OF LEASE 1 (p.129, Guevara)

CONTRACT OF LEASE

I (full name of lessor), of legal age, single (or married to ______________) at

_______________________, for and in the consideration of the agreements hereinafter mentioned, do
hereby LEASE unto (full name of lessee), of legal age, single (or married to __________), with residence and
post-office address at __________, that certain building, together with the lot on which it stands, situated at
_________________, and more particularly described as follows:

(Description of building and lot)

of which lot I am the registered owner, in accordance with the provisions of the Land Registration Act,
my title thereto being evidenced by Transfer (or Original) Certificate of Title No. _____ of the Registry of Deeds
of __________;

That the term of this lease is __________, from and after the execution of this contract of lease,
renewable at the will of both parties;

And I, (full name of lessee), for and in consideration of this contract of lease, do hereby bind myself and
promise to pay or cause to be paid unto the said lessor, __________, at the latter’s residence, a monthly rental
of __________ PESOS (P__________) during the period of this lease, payable in advance during the first
five days of each and every month;

And it is hereby stipulated: That the lessee shall have no right to sublease the above premises without
the written consent of the lessor; that the water, light, gas, and telephone charges in said premises shall be for
the account of the lessee; that all ordinary expenses incurred or that may arise in the daily use of the toilet
facilities and sewers in the premises shall be for account of the lessee; and that any improvements made by the
lessee in the above premises, and existing at the termination of the lease, shall remain as the property of the
lessor, without right to reimbursement to the lessee of the cost or value thereof.

IN WITNESS WHEREOF, the parties hereto have set their hands this ____ day of 2_____,
__________, in ___________, Philippines.

___________________ ______________________
(Lessor) (Lessee)
WITNESSES:

__________________ ______________________

ACKNOWLEDGEMENT
 FORM: CONTRACT OF LEASE 2 (p.130, Guevara)

CONTRACT OF LEASE

(full name of lessor), of age, single/ married with residence and post-office address at
_______________, hereby leases unto ________________ of age, single/ married with residence and
post-office address at __________________, that certain premises at________________ under the
following terms and conditions:

1. That the lease term shall be_______________;

2. That the monthly rental of the leased premises shall be _________ payable in advance within the first
five (5) days of the month;
3. That the premises leased have been received by the lessee in good, habitable condition;
4. That all the ordinary repairs within the premises that arise in the daily use of the facilities therein shall
be for the sole account and expense of the lessee, without the right to reimbursement;
5. That the lessee shall use the leased premises exclusively for family dwelling, and shall have no right to
use the same for business purposes;
6. 6 That the lessee is expressly prohibited to sublet the leased premises to anyone without the express
consent of the lessor in writing;
7. That all charges for water, light, gas, telephone, used within the premises shall be at the sole account of
the lessee;
8. That the lessee shall be responsible for the observance of sanitary and electrical regulations required of
imposed by the city or government authorities regarding the use and habitation of the leased premises;
9. That the lessee shall notify the lessor at least 30 days in advance should the lessee decide to abandon
the leased premises;
10. That violation of any of the above terms and conditions will produce ipso facto the rescission of this
contract of lease.

IN WITNESS WHEREOF, the parties hereto have set their hands this ____ day of
_______________, 2____, in ____________, Philippines.

___________________ ______________________
(Lessor) (Lessee)
WITNESSES:

__________________ ______________________

ACKNOWLEDGEMENT
 FORM: CONTRACT OF SALE OF REALTY12 (p. 64, Guevara)

DEED OF SALE
(OF REGISTERED LAND)

KNOW ALL MEN BY THESE PRESENTS:

I, (Full name of vendor),

Filipino, single/married to ___________________, of legal age, with residence and post-office

address at_____________________________________,

for and in consideration of the sum of ________________ PESOS (P_________), Philippine

currency, to me in hand paid by

(Full name of vendee),

Filipino, of legal age, with residence and post office address at ____________________,

do hereby SELL, TRANSFER, and CONVER, absolutely and unconditionally, unto the
said_______________ his/her heirs and assigns, that certain parcel (or parcels) of land, together with the
building and improvements hereon, situated in (city or municipality, and province), and more particularly
described as follows:

(description)

of which I am the registered owner in fee simple in accordance with the Land Registration Act, my title
thereto being evidences by Transfer (or Original) Certificate of Title No. ________________, issued by the
Register of Deeds of _________________.

It is hereby mutually agreed that the vendee shall bear all the expenses for the execution and registration
of this deed of sale3.

IN WITNESS WHEREOF, I have hereunto signed this deed of sale, this ____ day of __________,
2____, at the (city or municipality), Philippines.

______________________
(vendor)

With my consent

______________________
(vendor’s wife)

SIGNED IN THE PRESENCE OF:

__________________ ______________________

ACKNOWLEDGEMENT

1
Every document of transfer or alienation of real property filed with the Register of Deeds shall be accompanied with an extra copy of
the same which copy shall be transmitted by said officer to the city or provincial assessor (R.A. No. 456)
2
See RA 3300
3
Art. 1487, Civil Code
 FORM: CONTRACT OF SALE OF PERSONAL PROPERTY (p. 155, Guevara)

BILL OF SALE

KNOW ALL MEN BY THESE PRESENTS:

I, _____________, of legal age, residing at _______________________________, for and

in consideration of the sum of ____________PESOS (p__________), Philippine currency, to me paid by
______________, also of legal age and residing at __________________, receipt whereof is hereby
acknowledged, do hereby SELL and CONVEY unto the said _______________________, his heirs and
assigns, the following described personal property;

(description of property)

I further covenant with the said ____________________ that I own, and have the right to sell and
transfer the title an ownership of the above-described property, and I will defend the same against the claims of
any and all persons whatsoever.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ______________, 2____,
in ___________, Philippines.

______________________
(vendor)

WITNESSES:

__________________ ______________________

ACKNOWLEDGEMENT
 SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, _______________, of legal age, and resident of _______________, do hereby name,

constitute and appoint _______________, of legal age, and resident of _______________, to be my
true and lawful Attorney-in-Fact and in my name, place and stead, do perform the following specific act(s):

(Specify the particular act/s to be performed)

Giving and granting unto said attorney-in-fact power and authority to do every act necessary and
required in connection with these presents, and hereby ratifying and confirming all that she may do by virtue of
these presents.

IN WITNESS WHEREOF, I have signed this Special Power of Attorney this ____ day of __________,
____, at (venue).

(Sgd.) _______________
Principal

SIGNED IN THE PRESENCE OF:

(Sgd.) _______________
(Sgd.) _______________

Acknowledgment
 FORM: VERIFICATION AND CERTIFICATION OF NON- FORUM SHOPPING (OF PLEADING) (p. 53, Guevara)

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES )

CITY OF __________________ ) S.S.

I, _______________, Filipino, of legal age residing at ____________________, after being

sworn to in accordance with law, deposes and says that:

1. I am the Plaintiff in the above- entitled case;

2. The facts stated in the above complaint are true and correct in the best of my knowledge and authentic
records;
3. I have not commenced any action or filed any claim involving the same issues in any court, tribunal, or
quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending in them;
and
4. If I should learn that the same or similar action or claim has been filed or is pending after its filing, I shall
report that fact within five (5) days from notice to the court where the complaint of initiatory pleading
has been filed.

(Date and venue)

Signature of Affiant
 FORM: NOTICE OF HEARING4

NOTICE OF HEARING

Name of Counsel
Counsel for Adverse Party
Address: ___________________

Sir / Ma’am:

Please be informed that the undersigned counsel has set the foregoing motion (or petition) for hearing
on ______ at 8:30 a.m. for the consideration of the Honorable Court or soon thereafter as counsel may be
heard.

Signature of Counsel

FORM: EXPLANATION5

EXPLANATION

This Certifies that personal service was not resorted to for the reason that due to time, distance and
manpower constraints, the same is not practicable.

4 required for petitions and motions before trial courts, not to the CA and the SC.
5
Requirement if service is not done by personal service. See: Rule 13, sections 11and 13.
 FORM: AFFIDAVIT OF LOSS SAMPLE (p 54 , Guevara)

AFFIDAVIT OF LOSS

REPUBLIC OF THE PHILIPPINES )

CITY OF __________________ ) S.S.

I, ___________________, of legal age, single/married, residing at ____________, after being

sworn in accordance with law, depose and say:

1. That I am the true owner of _______________, described as follows to wit:

(Description of property)
2. That the said automobile had been duly registered in my name in the Land Transportation Office in
___________ for the year (or years) ____________; That the certificate of registration and other
pertinent papers of ownership of said automobile were among those burned and destroyed on
____________ when my house and all my personal belongings were completely destroyed by fire;
3. That said papers are now beyond recovery.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of __________, 2____,
at the (city or municipality), Philippines.

__________________
Affiant
JURAT
 FORM: AFFIDAVIT OF CHANGE OF NAME (p 324 Guevara)

AFFIDAVIT

I, _______________ , Filipino citizen, of legal age, single/married to (Insert Name of Spouse if any),
and a resident of _______, after having been duly sworn in accordance with law, hereby depose and say:

1. That my present name is _______________

2. (state reason for changing name)
3. That I am requesting that my present name be changes to ____________________

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of __________, 2____, at the
(city or municipality), Philippines.

__________________
Affiant
JURAT

FORM: JUDICIAL AFFIDAVITS (General)

AFFIDAVIT

I, (Insert Name of Affiant) , Filipino citizen, of legal age, single/married to (Insert Name of Spouse if any),
and a resident of (Insert Address of Affiant), after having been duly sworn in accordance with law, hereby
depose and say:

1. That------
2. -----------
3. -----------

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of __________, 2____,
at the (city or municipality), Philippines.

__________________
Affiant
 FORM: JUDICIAL AFFIDAVITS SAMPLE

JUDICIAL AFFIDAVIT OF
PETITIONER ___________________

I, ___________________, of legal age, married, and living at

___________________, petitioner in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. ___________________ with address at

___________________. The examination is being held at the same address. I am answering his
questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.

QUESTION AND ANSWER

This affidavit/testimony of petitioner ___________________ is being offered to prove that

the respondent ___________________ contracted marriage twice, ___________________
on ___________________, and later with the petitioner ___________________ on
___________________ while the respondent’s previous marriage with
___________________ was still valid and has not yet legally dissolved. Petitioner will also prove that
prior to her marriage with the respondent she was previously married to ___________________ on
___________________, which marriage was still valid and subsisting at the time she contracted
marriage with the respondent. The petitioner’s testimony is also offered to prove the legal basis for the
declaration of nullity of the petitioner’s marriage with the respondent, the same being bigamous.

1. Q. Please state your name and other personal circumstances for the record.
A. ___________________.

2. Q. Are you the same ___________________, the petitioner in this case?

A. Yes sir.

3. Q.
A.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ___________ 2____, at
___________.

___________________
Affiant

JURAT
 SWORN ATTESTATTION

I, ___________________, of legal age, Filipino, with postal address

______________________ after being duly sworn depose and say:

1. I was the one who conducted the examination of witness ___________________ at my

aforementioned office in ___________________;

2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding
answer that the witness gave;

3. I nor any other person then present or assisting her coached the witness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____ 2___, at
___________.

ATTY. __________________
Affiant

JURAT
 FORM: ACKNOWLEDGEMENT6 – SIMPLE FORM (p 47, Guevara)

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF __________________ ) S.S.

BEFORE ME, this ___ day of ______, 2______ in the City of ___________, personally
appeared:

Name Competent Evidence of Identity7 Place and Date of Issue

Known to me to be the same person who executed the foregoing instrument, and acknowledged that the same
are their free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal on the date and place
above written.

Doc No. ___; NOTARY PUBLIC for______8

Page No. ___; Commission Serial No. ___
Book No. ___; Until December 31, ____
Series of ___. Roll of Attorney____
IBP No.____/Date/Place of Issue
PTR No.____/Date/Place of Issue

6 See: 2004 Rule on Notarial Practice, Rule II, Sec.1. Acknowledgment is a statutory act such that only those instruments that are required
by law to be acknowledged shall be acknowledged; it is also a personal act such that it cannot be acknowledged by a person other than
the one who executed it. (Suarez, 2007)
7
Refers to the identification of an individual based on: a) at least one current identification document issued by an official agency
bearing the photograph and signature of the individual; b) the oath or affirmation of one credible witness not privy t o the instrument,
document, or transaction who is personally known to the notary public and who personally knows the individual, or of two cred ible
witnesses neither of whom is privy to the instrument, document, or transaction who each personally knows the individual and shows
the notary public documentary identification (Rule II, Section 13, 2004 Rules on Notarial Practice)
8
Sec 2, Rule VIII 2004 Rules on Notarial Practice for the contents of the concluding part of the notarial certificate
 FORM: ACKNOWLEDGEMENT OF INSTRUMENT CONSISTING OF TWO OR MORE PAGES9 (p 49, Guevara)

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF __________________ ) S.S.

BEFORE ME, this ___ day of ______, 2______ in the City of ___________, personally
appeared:

Name Competent Evidence of Identity10 Place and Date of Issue

Known to me to be the same person who executed the foregoing instrument, and acknowledged that the same
are their free act and deed.

This instrument, consisting of _____ pages, including the page on which this acknowledgement is
written, has been signed on the left margin of each and every page thereof by _____________ and
_______________ and their witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal on the date and
place above written.

Doc No. ___; NOTARY PUBLIC for______11

Page No. ___; Commission Serial No. ___
Book No. ___; Until December 31, ____
Series of ___. Roll of Attorney____
IBP No.____/Date/Place of Issue
PTR No.____/Date/Place of Issue

9
Applicable to deeds affecting lands (Sec. 127, Act No. 496, as amended)
10
Refers to the identification of an individual based on: a) at least one current identification document issued by an official agency
bearing the photograph and signature of the individual; b) the oath or affirmation of one credible witness not privy to the instrument,
document, or transaction who is personally known to the notary public and who personally knows the individual, or of two cred ible
witnesses neither of whom is privy to the instrument, document, or transaction who each personally knows the individual and shows
the notary public documentary identification (Rule II, Section 13, 2004 Rules on Notarial Practice)
11
Sec 2, Rule VIII 2004 Rules on Notarial Practice for the contents of the concluding part of the notarial certificate
 FORM: JURAT12 (p. 52, Guevara)

JURAT

SUBSCRIBED and sworn to before me, this ___ day of __________, in the City of __________ by
____________ with Passport No. ____________ issued on __________ at __________.

Doc No. ___; NOTARY PUBLIC

Page No. ___; Commission Serial No. ___
Book No. ___; Until December 31, ____
Series of ___. Roll of Attorney____
IBP No.____/Date/Place of Issue
PTR No.____/Date/Place of Issue

12
See: Rule II, Sec. 6. It is that part of an affidavit in which the officer certifies that the instrument was sworn to before him. It is not
part of the affidavit. (Suarez, 2007)
 FORM: MOTION FOR EXTENSION OF TIME

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT Branch _____,
________ City

_____________________
Plaintiff,
- versus - CIVIL CASE NO.
_________
_______________________,
Defendant.

x-------------------------------------------------------x

MOTION FOR EXTENSION OF TIME

PLAINTIFF, by counsel, respectfully states that:

1. He has been directed to file a Reply to defendant’s Answer by 10 May 2007.
2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due
date because of the tremendous pressure of other equally urgent professional work requiring the preparation of
pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For this
reason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May
2007, within which to submit plaintiff’s Reply.
3. This motion is not intended for delay but is motivated only by the foregoing reason.

WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 May
2007, or until 25 May 2007, within which to submit plaintiff’s Reply.

Quezon City; 13 April 2007.

(Sgd.) MITCH MCDEERE

Counsel for Plaintiff
[Address]
PLUS:

1. Request for and Notice of Hearing

2. Proof of Service
 FORM: MOTION DISMISS

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT Branch _____,
________ City

_____________________
Plaintiff,
- versus - CIVIL CASE NO.
_________
_______________________, For:
___________
Defendant.

x-------------------------------------------------------x

MOTION TO DISMISS

DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the Complaint
fails to state a cause of action as THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE
AND DEMANDABLE, as shown by the following:
1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1
January 2006; defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00),
representing the balance of the proceeds due plaintiff under the said Marketing Agreement.
2. The contract is for one (1) year and defendant is given that same period to reach the quota specified
therein; the period of one (1) year has not expired. Consequently, plaintiff’s claim is premature as there is yet no
breach of the Marketing Agreement until the period expires and the quota is not attained. For this reason,
plaintiff’s Complaint states no cause of action and must be dismissed.

WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause
of action.
Other just and equitable reliefs are also prayed for.

Quezon City; 13 April 2007.

(Sgd.) MITCH MCDEERE

Counsel for Plaintiff
[Address]
 REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Metropolitan Trial Court
Branch 39, Quezon City

Please submit the foregoing Motion to the Court for its consideration and approval immediately upon
receipt hereof and kindly include the same in the court’s calendar for hearing on Friday, 27 April 2007 at 8:30 in
the morning.

ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City

Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning.

(Sgd.) MITCH MCDEERE

Counsel for Plaintiff
[Address]
 FORM: MOTION TO DECLARE DEFENDANT IN DEFAULT

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT Branch _____,
________ City

_____________________
Plaintiff,
- versus - CIVIL CASE NO.
_________
_______________________,
Defendant.

x-------------------------------------------------------x

MOTION TO DECLARE DEFENDANT IN DEFAULT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on defendant
on 20 March 2007, as indicated by the Sheriff’s Return of even date, a copy of which is attached as ANNEX
A.
2. Defendant’s reglementary period to file Answer ended on 5 April 2007; no motion for extension of such
period was filed nor was any granted motu proprio by this Honorable Court. Despite the lapse of time, defendant
has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to
present evidence ex parte against defendant.

WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be
allowed to present evidence ex parte before the Clerk of Court acting as Commissioner.
Quezon City; 7 April 2007.

(Sgd.) MITCH MCDEERE

Counsel for Plaintiff
[Address]

PLUS:
1. Request for and Notice of Hearing
2. Proof of Service