Professional Documents
Culture Documents
Who may practice law - any person (Natural persons only, not juridical entities)
- duly admitted as a member of the bar or hereafter admitted as such in accordance w/ provisions of
this rule and who is good and regular standing is entitled to practice law
Under RA 9225, if a person intends to practice the legal profession in the Philippines and he
reacquires his Filipino citizenship pursuant to its provisions, he must first secure from the SC
the authority to do so, conditioned on:
i. the updating and payment in full of the annual membership dues in the IBP; (I)
- IBP Dues are not covered by Senior Citizen Discount
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In pursuance to the qualifications laid down by the Court for the practice of law, the OBC
required the herein petitioner to submit the original or certified true copies of the following
documents in relation to his petition:
These documents will be submitted to the OBC and will be reviewed by the Court en banc
for resolution.
7. Finished undergrad course, and completed units - 18 English, 6 Math, 15 Soc Sci
+ Clinical Legal education program
Filipino Citizens who are graduates of foreign law schools are allowed to take the bar examinations
provided they show the following starting March2010:
i. Completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree;
ii. Recognition or accreditation of the law school by the proper authority;
iii. Completion of all the fourth year subjects in a law school duly recognized by the Philippine Govt.
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II. Code of Professional Responsibility
including duties incorporated in the Lawyer's Oath I, ________________ of ________________ do
solemnly swear that
- not a law but a judicial command
- promulgated June 21,1988 1. I will maintain allegiance to the Republic
- Duties: of the Philippines;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the cause with which he is charged;
(g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any
man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person
may be deprived of life or liberty, but by due process of law.
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To the society To the Legal To the courts To the clients
profession
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Jurisprudence has provided three tests in determining whether a lawyer is guilty of
representing conflicting interest
1. whether a lawyer is duty-bound to fight for an issue or claim in behalf of one client and, at the
same time, to oppose that claim for the other client. Thus, if a lawyer’s argument for one client has to
be opposed by that same lawyer in arguing for the other client, there is a violation of the rule.
2. whether the acceptance of a new relation would prevent the full discharge of the lawyer’s duty of
undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double-dealing in
the performance of that duty.
3. whether the lawyer would be called upon in the new relation to use against a former client any
confidential information acquired through their connection or previous employment.
A lawyer has a right to retaining lien only of there is an agreement as to the amount his fees. In this
case, there is no agreement as to Atty. Copmpostela’s claim for additional fees. In fact, the client is
opposed to the lawyer’s proposal for such additional fees.
A lawyer is entitled to fees on the basis of quantum meruit only in the following cases:
1. There is no agreement between the lawyer and the client as to the former’s fees;
2. There is an agreement but it is void;
3. There is an agreement but it has been set aside by the parties themselves;
4. There is an agreement but the court has set it aside because it found the fees to be unconscionable;
5. There is an agreement but the services of the lawyer were terminated by the client for just cause.
Canon 15 of the Code of Professional Responsibility provides that a lawyer shall not represent
conflicting interests except by written consent of all concerned given after a full disclosure of the
facts. Atty. Corpuz was clearly guilty of misconduct for representing conflicting interests. Not only
did Atty. Corpuz agree to represent one client against another client in the same action, he also
accepted a new engagement that required him to oppose the interest of his other client in a property
in which his legal service had been previously retained. Atty. Corpuz did not qualify for the
exception under Canon 15.
He did not make a full disclosure of facts to Connie and Constancia before he accepted the new
engagement from Constancia. He failed to obtain the written consent of his two clients as required
under Canon 15.
Yes, he is engaged in the practice of law, which has been defined as “any activity in or out of court
which requires the application of law, legal procedure, knowledge, training and experience”. Work in
the government that requires the use of legal knowledge is considered practice of law. Lawyers who
teach law are considered engaged in the practice of law
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III. DISQUALIFICATIONS/INHIBITIONS FOR JUDGES - IMPARTIAL
a. Compulsory is when the law conclusively presumes that a judge cannot objectively or impartially
sit in a case, and for that reason, prohibits him and strikes his authority to hear and decide it, in the
absence of written consent of all parties concerned.
1. Actual Bias or Prejudice. — a judge inhibited himself from trying a robbery case due to his
personal knowledge of the case.
3. Reviewing Own Cases. — the Supreme Court found that an Associate Justice who
only partly presided over a case in the trial court and who did not render the final decision
cannot be said to have been placed in a position where he had to review his own decision
and, as such, was not legally bound, on this ground, to inhibit himself as ponente of the case.
4. Previously Served as Counsel. — A judge may validly disqualify himself due to his bias
and prejudice. Disqualification was also allowed when the judge had been previously
associated with a party as counsel, had notarized the affidavit of a person to be presented as
witness, or if he was a material witness to a case.
There is no affinity between the blood relatives of one spouse and the blood relatives of the other. A
husband is related by affinity to his wife’s brother, but not to the wife of his wife’s brother. There is
no affinity between the husband’s brother and the wife’s sister; this is called affinitas affinitatis.
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b. Voluntary - leaves to the sound discretion of the judges concerned whether to sit in a case for
other just and valid reasons, with only their conscience as guide.
The law leaves to the judge to decide for himself the question as to whether he will desist from sitting
in a case for other just and valid reasons with only his conscience to guide him, unless he cannot
discern for himself the inability to meet the test of the cold neutrality required of him, in which event
the court will see to it that he disqualifies himself.
i. 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.
ii. A judge may not be legally prohibited from sitting in a litigation, but when circumstances
appear that will induce doubt to his honest actuations and probity in favor of either party, or
incite such state of mind, he should conduct a careful self-examination.
iii. A judge should not be disqualified because he was a classmate (or a co-member in a
fraternity) of one of the counsels if there is no proof that such a relationship results in actual
bias or prejudice.
iv. The mere fact that a counsel who is appearing before a judge was one of those who
recommended him to the Bench is not a valid ground from voluntary inhibition.’
v. The objecting party to his competency may, in writing, file with the subject official his
objection and its grounds.
The said official may, in accordance with his determination of the question of his disqualification,
either: (1.) proceed with the trial or (2.) withdraw therefrom.
Bar Qs: When is inhibition considered as mandatory and when is it considered as a matter of
discretion on the part of a judge?
ANSWER: No judge or judicial officer shall sit in any case in which he, or his wife or child, is
pecuniarily interested as heir, legatee, creditor or otherwise, or in which 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, or in which he has been executor, administrator, guardian,
trustee or counsel, or in which he has presided in any inferior court when his ruling or decision is the
subject of review, without the written consent of all parties in interest, signed by them and entered
upon the record. 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 above
Judge: No requirement that he should have done actual trial or litigation work
Lower Courts RTC SC/CA
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IV. DIRECT AND INDIRECT CONTEMPT
Direct Indirect
Where RTC
execution of the judgment or final order shall not be suspended until the person adjudged in
contempt posts a bond in an amount fixed by the court
The power of contempt is exercised to ensure the proper administration of justice and maintain order
in court processes.
Bar Qs: lawyer who appears under a firm name that contains a disbarred lawyer's name commits
indirect contempt of court.WON Judge Calo is in contempt of court for allowing a lawyer toappear in
court under a non-existent firm.
NO. Judge Calo committed an error in judgment when she allowed respondent Atty. Young's
appearance under the Young Law Firm. However, this Petition to cite respondent Judge Calo in
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contempt is not the proper remedy. Thus, the Complaint against respondent Judge Calo shall be re-
docketed as an administrative matter.
Judge Bitas should be held administratively liable for summarily holding Ana Salinas in contempt of
court. Charges for indirect contempt shall be commenced by a verified petition with supporting
particulars and certified true copies of documents or papers involved therein, and upon full
compliance with the requirements for filing initiatory pleadings for civil actions in the court
concerned.
If the contempt charges arose out of or are related to a principal action pending in the court, the
petition for contempt shall allege that fact but said petition shall be docketed, heard and decided
separately, unless the court in its discretion orders the consolidation of the contempt charge and the
principal action for joint hearing and decision. From the foregoing, it is clear that the following
procedural requisites must be complied with before petitioner may be punished for indirect contempt:
1. there must be an order requiring the petitioner to show cause why she should not be cited for
contempt.
2. the petitioner must be given the opportunity to comment on the charge against her.
3. there must be a hearing and the court must investigate the charge and consider petitioner’s answer.
4. only if found guilty will petitioner be punished accordingly.
Here, it appears that “A” did not file a verified complaint, but instead initiated the indirect contempt
through his Comment/Opposition to the Motion for Reconsideration with Motion to Cite Defendant
for Indirect Contempt.
Regardless of this fact, however, respondent Judge still issued an order peremptorily holding
petitioner in contempt of court. Moreover, assuming that the contempt charge was initiated motu
proprio by the Court, respondent Judge still failed to abide by the rules when he did not require
petitioner to show cause why she should not be punished for contempt. Plainly, respondent Judge's
obstinate disregard of established rules of procedure amounts to gross ignorance of the law or
procedure, since he disregarded the basic procedural requirements in instituting an indirect contempt
charge
ACKNOWLEDGMENT JURAT
REPUBLIC OF THE PHILIPPINES)
___________________________ ) S.S.
SUBSCRIBED AND SWORN to before me, this
_____________, by _____________ who exhibited to me
BEFORE ME, a Notary Public for and in the above jurisdiction this ___day of
_____________, 20____, personally appeared the following personals and presented (his/her) Community Tax Certificate No. _____________
their validity issued government identification cards, to wit: issued at _____________, Philippines on _____________.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
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REPUBLIC OF THE PHILIPPINES )
City/Municipality of ___________ ) S.S.
J. PRACTICAL EXERCISES (2 QUESTIONS)
I. PARTS OF CONVEYANCING, AFFIDAVITS DEED OF ABSOLUTE SALE
I, [NAME OF SELLER], Filipino, single/married to [SPOUSE, IF KNOW ALL MEN BY THESE PRESENTS:
APPLICABLE], and resident of [ADDRESS OF SELLER] for and in This DEED OF ABSOLUTE SALE is made, executed and entered into by:
consideration of the amount of [AMOUNT IN WORDS PESOS] (PhP
xxx,xxx.xx), paid to me today by [NAME OF BUYER], Filipino, single [NAME OF SELLER], Filipino, single/married to, and resident of [ADDRESS OF SELLER]
and resident of [ADDRESS OF BUYER] do hereby SELL, TRANSFER -and-
and CONVEY absolutely and unconditionally unto said [NAME OF [NAME OF BUYER], Filipino, single/married to and resident of [ADDRESS OF BUYER] (
BUYER] that certain parcel(s) of land, together with the buildings and
improvements thereon situated in the [CITY/MUNICIPALITY OF ___],
free from all liens and encumbrances whatsoever and more WITNESSETH
particularly described as follows: That the SELLER is the registered owner in fee simple of a parcel of land with
(Description: state the nature of each piece of land and its improvements situated in the [CITY/MUNICIPALITY OF ____] with [TRANSFER/
improvements, situations and boundaries, area in square meters, e.g.
“Bounded on the N. by ___________; on the E. by __________; on the S.
ORIGINAL CERTIFICATE TITLE NO.__________], issued by the Register of Deeds of
by ___________; and on the W. by ___________; with an area of _______ [CITY/MUNICIPALITY] and more particularly described as follows:
square meters, more or less.”)
(Technical Description of property as indicated in the title)
THAT the SELLER does hereby declare that the boundaries of the That the SELLER for and in consideration of the amount of [AMOUNT IN WORDS
foregoing land are visible by means of [MONUMENTS, CREEKS, PESOS] (PhP xxx,xxx.xx), does hereby SELL, TRANSFER and CONVEY absolutely
TREES ETC.] that the permanent improvements existing thereon and unconditionally unto the BUYER that certain parcel(s) of land, together with the
consist of [LIST VARIOUS IMPROVEMENTS, IF NONE, STATE SO.]; buildings and improvements thereon free from all liens and encumbrances whatsoever.
that the land is assessed for the current year at (PhP xxx.xx) as per That it is hereby mutually agreed that the BUYER shall bear all expenses for the
Tax Declaration No. ________, and that the property is in present execution and registration of this deed of sale.
possession of the SELLER.
IN WITNESS WHEREOF, the parties have signed this contract on this __th day of [MONTH, YEAR] at
The above described real estate, not having been registered under Act [PLACE OF SIGNING].
(sgd.) (sgd.)
No. 496 nor under the Spanish Mortgage Law, I have agreed to register [NAME OF BUYER] [NAME OF SELLER]
this instrument under the provisions of Sec. 194 of the Revised
Administrative Code, as amended by Sec. 113 of P.D 1159. [If Buyer and/or Seller are married, include spousal consent as follows:]
With my consent:
IN WITNESS WHEREOF, I have signed this instrument this _th day of
[MONTH, YEAR] at [PLACE OF SIGNING]. SIGNED IN THE PRESENCE OF:
(sgd).
________________ ________________
[NAME OF SELLER]
[If Vendor is married, include spousal consent as follows:] [PLUS ACKNOWLEDGMENT FOR TWO-PARTY INSTRUMENT]
(sgd.)
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REPUBLIC OF THE PHILIPPINES
Republic of the Philippines)
JUDICIAL REGION
City of Baguio ) s.s
REGIONAL TRIAL COURT
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REPUBLIC OF THE PHILIPPINES REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION NATIONAL CAPITAL REGION
BRANCH [#], [VENUE] BRANCH [#], [VENUE]
[PLAINTIFF] Plaintiff,
Plaintiff, Civil Case No.: 123984 Civil Case No.: 123984
For: DAMAGES -versus- For: [NATURE OF ACTION]
-versus-
Defendant.
[DEFENDANT], x------------------------------------------x
Defendant.
x------------------------------------------x. MOTION FOR EXTENSION OF TIME
The Defendant, through undersigned counsel, and to this
MOTION TO DISMISS Honorable Court, respectfully states that:
Defendant by his undersigned counsel, and to this
Honorable Court respectfully moves that the complaint be dismissed on 1. Defendant engaged the services of undersigned counsel only
the following grounds: on [DATE];
1. The complainants have already executed an Affidavit of Desistance 2. On 08 March 2018, this Honorable Court ordered the parties in the above-
based upon a Compromise Agreement. A copy of the Affidavit of captioned case to file their respective Memoranda on the Affirmative Defenses
Desistance is attached herewith as Annex “1” and the Compromise within 20 days from receipt of Order.
Agreement is attached herewith as Annex “2”. 3. As such, the Defendant has until 28 March 2018 to file her Memorandum on
2. With the Affidavit of Desistance, the case against Dacudao the Affirmative Defenses.
should therefore be dismissed.
4. However, due to the voluminous records of the case that require careful perusal
WHEREFORE, premises considered, it is most respectfully and due to the onset of the Holy Week, the office/s being closed, the Defendant
moved of prayed of this Honorable Office that the instant case be cannot file her Memorandum on the Affirmative Defenses as scheduled.
DISMISSED as against AAA.
5. The instant motion is being filed in good faith and not intended to delay the
Other relief and remedies as may be just and equitable under the proceedings of this case.
premises are also prayed for.
WHEREFORE, defendant Rizzia Jan Marie Concon Zamora
RESPECTFULLY SUBMITTED. respectfully prays that she be given an additional fifteen (15) days or until 12
April 2018 to file her Memorandum on the Affirmative Defenses.
Quezon City for Manila,
05 March 2012 Other just and equitable reliefs prayed for.
Quezon City, 5 March 2012
ATTY. LOVELY UY
Counsel for Defendant ATTY. LOVELY UY
[ADDRESS] Counsel for Defendant
Roll No. [1234] [ADDRESS]
PTR No. [1234] / [Place] / [Date] Roll No. [1234]
IBP No. [1234] / [Place] / [Date] PTR No. [1234] / [Place] / [Date]
MCLE Compliance No. [1234] IBP No. [1234] / [Place] / [Date]
MCLE Compliance No. [1234]
NOTICE OF HEARING
NOTICE OF HEARING
The undersigned will submit the foregoing Motion to Dismiss for the THE BRANCH CLERK OF COURT
consideration and approval of the Honorable Court on [DATE] at [TIME]. RTC-Br 83, Quezon City
Copy Furnished: ATTY.
[NAME OF COUNSEL] Counsel for Plaintiff
Attorney for Plaintiff E.J.C. Doctor Law Office, 3rd Floor, Builders Centre Bldg.
ADDRESS
170 Salcedo St., Legaspi Village 1229 Makati City
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REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT Leonen Casess
NATIONAL CAPITAL REGION 1.Practice of law is “any activity, in or out of
BRANCH [#], [VENUE]
Plaintiff, court, which requires the application of law, legal
Civil Case No.: 123984 procedure, knowledge, training and experience.”
-versus- For: [NATURE OF ACTION] 2. The exercise of the powers and functions of a
Defendant.
Commission on Human Rights (CHR) Regional
Director constitutes practice of law.
MOTION TO DECLARE DEFENDANT IN DEFAULT 3.The general rule is that errors of counsel bind
the client.
Plaintiff by his undersigned counsel and to this Honorable
Court respectfully moves that the Defendant be declared in default. 4.A valid retaining lien has the following
Plaintiff respectfully states that: elements: (1) lawyer-client relationship; (2)
lawful possession of the client’s funds, documents
1. The records of the Honorable Court show that the Defendant was
served with copy of the summons and of the complaint, together with
and papers; and (3) unsatisfied claim for
annexes thereto on [DATE]; attorney’s fees. Further, the attorney’s retaining
lien is a general lien for the balance of the account
2. Upon verification however, the records show that Defendant[NAME]
has failed to file his Answer within the reglementary period specified by
between the attorney and his client, and applies to
the Rules of Court despite the service of the summons and the the documents and funds of the client which may
complaint; come into the attorney’s possession in the course
of his employment.
PRAYER 5. It is the Supreme Court (SC) that has the
WHEREFORE, it is respectfully prayed that the Defendant [NAME] be constitutionally mandated duty to discipline
declared in default pursuant to the Rules of Court and that the lawyers; The findings of the Integrated Bar of the
Honorable Court proceed to render judgment as the complaint may
warrant.
Philippines (IBP), however, can only be
recommendatory, consistent with the
Other just and equitable reliefs prayed for. constitutional powers of the SC. Substantial
Quezon City, 5 March 2012
Evidence
ATTY. LOVELY UY 6.“[p]roceedings for the disbarment, suspension
Counsel for Defendant or discipline of attorneys may be taken by the
[ADDRESS]
Supreme Court (SC) motu proprio, or by the IBP .
Roll No. [1234]
PTR No. [1234] / [Place] / [Date] . . upon the verified complaint of any person.”
IBP No. [1234] / [Place] / [Date] 7. Maintaining a disbarred lawyer’s name in the
MCLE Compliance No. [1234] firm name is different from using a deceased
NOTICE OF HEARING partner’s name in the firm name.
THE BRANCH CLERK OF COURT
8.government officials or employees are
RTC-Br 83, Quezon City prohibited from engaging in private practice of
ATTY. their profession unless authorized by their
Counsel for Plaintiff department heads.
E.J.C. Doctor Law Office, 3rd Floor, Builders Centre Bldg.
170 Salcedo St., Legaspi Village 1229 Makati City 9.Affidavits of cohabitation are documents not
Greetings:
connected with the judge’s official function and
Please take notice that the undersigned counsel is submitting the foregoing duty to solemnize marriages. Judges cannot
motion for extension of time for consideration and approval of this Honorable Court
immediately upon receipt hereof this being an exceptional motion which this Honorable notarize the affidavits of cohabitation of the
Court may favorably act upon without prejudicing the rights of Plaintiff.
LOVELY UY
parties whose marriage they will solemnize. An
Copy Furnished: affidavit of cohabitation remains a private
NAME OF COUNSEL document until notarized
BRANCH CLERK
10. Allowing a judge to inhibit without concrete
EXPLANATION proof of personal interest or any showing that his
This motion will be served on Defendant’s counsel by registered bias stems from an extrajudicial source will open
mail due to lack of time and distance between his office and the
office of the undersigned.
the floodgates to abuse.
LOVELY UY
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