Dumaual, Jeanne Pauline 2018-2019

PROBLEM AREAS IN LEGAL ETHICS

Judge Bellosillo
Finals Coverage

I. Canon 20, Code of Professional Responsibility

1. What are the factors to consider in determining attorney’s fees? (Canon 20, Rule 20.01)
- The TIME spent and the EXTENT of the SERVICES rendered;
- The NOVELTY and DIFFICULTY of the QUESTIONS involved;
- The IMPORTANCE of the SUBJECT MATTER;
- The SKILL demanded;
- The PROBABILITY OF LOSING OTHER EMPLOYMENT as a result of acceptance of
the proffered case;
- The CUSTOMARY CHARGES for similar services and the SCHEDULE OF FEES of
the IBP chapter to which he belongs;
- The AMOUNT INVOLVED IN THE CONTROVERSY and the BENEFITS resulting to
the client from the services
- The CONTINGENCY or CERTAINTY of COMPENSATION;
- The CHARACTER OF EMPLOYMENT whether occasional or established and
- The PROFESSIONAL STANDING of the lawyer
2. What are the two concepts of attorney’s fees?
- Ordinary Concept: Is the reasonable compensation paid to a lawyer for the legal
services he has rendered to a client. The BASIS of the compensation is the FACT OF
EMPLOYMENT by the client.
- Extraordinary Concept: An attorney’s fees is an indemnity for damages ordered by
the court to be paid by the losing party to the prevailing party in a litigation. The
BASIS of this is any of the CASES AUTHORIZED BY LAW and 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.
3. What is the legal basis of a lawyer’s right to demand compensation?
- The FACT OF EMPLOYMENT as lawyer by the client. No formal contract is
necessary to effectuate employment.
4. What is the rationale of Adequate Compensation?
- Adequate compensation is necessary in order to enable the lawyer to serve his client
effectively and to preserve the integrity and independence of the profession.
- The protection of attorney’s lien by the court is necessary to preserve the decorum
and respectability of the profession.
5. Is there a specific form needed for a lawyer’s contract of employment?
- No. The contract may either be oral or express.
- The contract is ORAL when the counsel is employed without a written agreement,
but the conditions and amount of attorney’s fees are agreed upon. The written
agreement is not necessary to prove a client’s obligation to pay attorney’s fees.
- It is EXPRESS when the terms and conditions including the amount of fees, are
explicitly stipulated in a written document which may be a private or public
document.
6. When is the proper time to fix attorney’s fees?
- At the commencement of the lawyer-client relationship
7. When is a contract of employment IMPLIED?

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- When there is no agreement, whether oral or express but the client ALLOWED the
lawyer to render legal services not intended to be gratuitous without objection and
the client is benefitted by reason thereof
8. What is the effect of an unjustified dismissal of an attorney?
- The lawyer shall be entitled to recover from the client full compensation stipulated in
the contract.
9. What are some situations when counsel cannot recover full amount despite a written
contract for attorney’s fees?
- When there is a justified dismissal of the attorney, the contract will be nullified and
payment will be on the basis of quantum meruit.
- When the stipulated attorney’s fees are in excess of what is expressly fixed by law.
- When the counsel’s services are worthless because of his negligence.
10. What are the kinds of payment which may be stipulated?
- A fixed or absolute fee which is payable regardless of the result of the case;
- A contingent fee that is conditioned to the securing of a favourable judgment and
recovery of money or property and the amount which may be on a percentage basis;
- A fixed fee payable per appearance;
- A fixed fee based on piece work
11. What is a RETAINER?
- This is the act of the client by which he employs a lawyer to manage for him a cause
to which he is a party; or otherwise to advise him as counsel.
- Retainer is also used to refer to the fee which the client pays his attorney, whom he
retains, that is, the retaining fee.
12. What are the kinds of Retainer Agreements on Attorney’s Fees?
- General Retainer or Retaining Fees: is the fee paid to a lawyer to secure his future
services as general counsel for any ordinary legal problem that may arise in the
ordinary business of the client and referred to him for legal action.
- Special Retainer: Fee for a specific case or service rendered by the lawyer for a client
13. What is a Champertous Contract?
- It is where the lawyer agrees to spend for all the litigation expenses in consideration
for a bigger percentage as fees on the property subject of litigation. It is void for
being against public policy.
14. When is Quantum Meruit authorized?
- When there is no express contract for payment of attorney’s fees agreed upon
between the lawyer and the client;
- When although there is a formal contract for attorney’s fees, the fees stipulated are
found unconscionable or unreasonable by the court
- When the contract for attorney’s fees is void due to purely formal matters or defects
of execution
- When the counsel, for justifiable cause, was not able to finish the case to its
conclusion
- When the lawyer and the client disregard the contract for attorney’s fees and place
themselves as though there was no express stipulation as to the attorney’s fee
15. Can legal interest be imposed upon attorney’s fees?
- No. Legal services stand upon an entirely different footing from contracts for the
payment of the compensation for any other services.
16. Are attorney’s fees always awarded in cases?
- No. There is a policy stating that no premium should be placed on the right to
litigate. In Labor Cases, the attorney’s fees should not exceed 10%.

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17. Is there a trial needed to establish Quantum Meruit?

- Yes. A full-blown trial is necessary because the factors to determine the fees must be
established by evidence.
18. What is a Champertous Contract?
- A champertous contract is one where the lawyer stipulates with his client that in the
prosecution of the case, he will bear all the expenses for the recovery of the things or
property being claimed by the client and the latter agrees to pay the former a portion
of the thing or property recovered as compensation. A champerty may only be paid
in kind and not in cash.
19. When is a fee unconscionable?
- When no man in his right senses would offer on the one hand and no honest and fair
man would accept on the other
20. What judicial actions can the lawyer pursue to collect attorney’s fees?
- In the same case, he may enforce attorney’s fees by filing an appropriate motion or
petition as an incident in the main action where he rendered legal services to avoid
multiplicity of suits. Furthermore, the same court trying the main case is in the best
position to determine the nature and extent of the lawyer’s services. Such action is
not proper if the CLIENT RECOVERED NOTHING IN THE MAIN CASE. The
motion must be filed with the court before the judgment had been satisfied or before
the proceeds were delivered to the client.
- In a separate civil action, the lawyer may also enforce his attorney’s fees by filing an
independent separate action for collection of attorney’s fees.
II. Canon 21, Code of Professional Responsibility

1. When can a lawyer reveal the secrets of his client?

- When authorized by the client after acquainting him of the consequences of
disclosure
- When required by law
- When necessary to collect his fees or to defend himself, his employees, or associates
by judicial action.
2. What is considered as “confidence” and “secret”?
- CONFIDENCE: Refers to the information protected by the attorney-client privilege
under the Revised Rules of Court.
- SECRET: Refers to other information gained in the professional relationship that the
client has requested to be held inviolate or the disclosure of which would be
embarrassing or would likely be detrimental to the client.
3. What is the rationale behind lawyer-client privilege?
- To encourage and inspire clients to tell all about the facts of their cases
4. Can a prospective client be covered by the lawyer-client privilege?
- Yes, granted that the confidential communication must be made to the lawyer in his
professional capacity.
5. Do crimes fall under the purview of privileged communication?
- It depends. If the disclosed information concerns that of crimes or frauds ALREADY
COMMITTED, such falls within the privilege and the lawyer cannot reveal or be
compelled to reveal the confidences of the client. However, if such is a FUTURE
CRIME OR FRAUD, the lawyer is compelled to disclose such information to proper
authorities, may it be to the location of a client who jumped bail or an action to
frustrate the administration of justice.

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III. Canon 22, Code of Professional Responsibility

1. When can a lawyer withdraw his/her services?

- When the client pursues an illegal or immoral course of conduct in connection with
the matter he is handling
- When the client insists that the lawyer pursue conduct violative of these canons and
rules
- When his inability to work with co-counsel will not promote the best interest of the
client;
- When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively;
- When the client deliberately fails to pay the fees for the services or fails to comply
with the retainer agreement;
- When the lawyer is elected or appointed to a public office
- Other similar cases
2. What is the concept of “Appearance”?
- Refers to the act of submitting or presenting oneself to the court, either as plaintiff or
defendant, personally or through counsel, and seeking general reliefs or special
reliefs from the court.
- In civil cases, the PLAINTIFF APPEARS by filing a complaint while the
DEFENDANT APPEARS by filing an Answer thereto. The voluntary appearance of
the DEFENDANT in an action is equivalent to service of summons.
3. What are the kinds of “Appearance”?
- General Appearance: Where the party comes to court either as plaintiff or defendant
and seeks general reliefs from the court for the satisfaction of his claims or
counterclaims respectively.
- Special Appearance: Where a defendant appears in court solely for the purpose of
objecting to the jurisdiction of the court over his person. If the defendant seeks other
reliefs, the appearance, even if qualified by the word special, is equivalent to a
general appearance.
4. What is a counsel de parte?
- A counsel de parte is presumed to be the lawyer on appeal, unless he/she has finally
withdrawn his appearance.
5. What are the mechanics in withdrawing as a counsel for a client?
- Get written consent from client or permission from the court after due notice and
hearing.
- The name of the new attorney should be recorded in the case.
- A lawyer who could not get the written consent of his client must make an
application to the court. There must be withdrawal of record.
- There must be a notice of withdrawal with conformity of the client.
6. When is there a termination of attorney-client relationship?
- Withdrawal of the lawyer under Rule 22.01
- Death of the lawyer unless it is a law firm, in which case, the other partners may
continue with the case.
- Death of the client as the relationship is personal
- Discharge or dismissal of the lawyer by the client for the right to dismiss a counsel is
the prerogative of the client, subject to certain limitations;
- Appointment or election of a lawyer to a government position that prohibits the
practice of law
- Full termination of the case

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-Disbarment or suspension of the lawyer from the practice of law

-Intervening incapacity or incompetency of the client during the pendency of the case,
for then the client loses his capacity to contract, or to control the subject matter of
the action. The guardian may authorize the lawyer to continue his employment.
- Declaration of the presumptive death
- Conviction for a crime
7. What are retaining lien and charging lien?
- RETAINING LIEN: Is a passive lien and may not actively be enforced. It amounts to
a mere right to retain the papers as against the client until the lawyer is fully paid.
- CHARGING LIEN: Equitable right of an attorney to have the fees due him for
services in a particular suit secured by the judgment or recovery in such suit. The
object of this lien is to protect the claim in the fruits of the lawyer’s labor.
8. What are the requisites for a charging lien?
- Existence of a lawyer-client relationship
- Favorable judgment secured by the counsel for his client which judgment is a money
judgment
- Noting into the records of the case through the filing of an appropriate motion of the
statement of the lawyer’s claim for attorney’s fees with copies furnished to the client
and adverse party

IV. QUIZZES:
A. QUIZ # 1 (CANONS 20-22)
1. When is recovery of attorney’s fee on the basis of quantum meruit
authorized?
a. There is no express contract for payment of attorney’s fees agreed upon between the
lawyer and the client
b. When although there is a formal contract for attorney’s fees, the fees stipulated are
found unconscionable or unreasonable by the court
c. When the contract for attorney’s fees is void due to purely formal matters or defects of
execution
d. When the counsel, for justifiable cause, was not able to finish the case to its
conclusion
e. When lawyer and client disregard the contract for attorney’s fees.
2. What are the two kinds of retainer agreement?
a. General Retainer – is the fee paid to a lawyer to secure his future services as general
counsel for any ordinary legal problem that may arise in the ordinary business of the client
and referred to him for legal action.
b. Special Retainer – is a fee for a specific case or service rendered by the lawyer for a client.
3. What are the factors in determining attorney’s fee?
A lawyer shall be guided by the following factors in determining his fees
a. the time spent and the extent of the service rendered or required;
b. the novelty and difficulty of the questions involved;
c. The importance of the subject matter;
d. The skill demanded;
e. The probability of losing other employment as a result of acceptance of the proffered
case;
f. The customary charges for similar services and the schedule of fees of the IBP
chapter to which he belongs;
g. The amount involved in the controversy and the benefits resulting to the client from
the service;

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h. The contingency or certainty of compensation;

i. The character of the employment, whether occasional or established; and
j. The professional standing of the lawyer.
4. What is the rationale as to why a lawyer shall not receive any fee other than
from the client?
- To secure fidelity of the lawyer to his clients’ cause and to prevent a situation in
which the receipt by him of a rebate or commission from another with the client’s
business may interfere with full discharge of his duty to his client.
5. What is the rationale as to why a lawyer shall not reveal the secrets of his
client?
- The lawyer-client relationship is one of trust and confidence of the highest degree.
6. What are the causes for the termination of lawyer-client relationship?
a. Termination by the client;
b. Termination by completion of objective of the relationship;
c. Death of the client;
d. Death of the lawyer;
e. Withdrawal of the lawyer.
7. What is the rationale behind the adequate compensation of a lawyer?
- In order to enable the lawyer to serve his client effectively and to preserve the
integrity and independence of the profession.
8. What are the two concepts of attorney’s fees?
- In its ordinary concept, an attorney’s fee is the reasonable compensation paid to a
lawyer for the legal services he has rendered to a client. The basis of this
compensation is the fact of employment by the client.
- In its extraordinary concept, an attorney’s fee is an indemnity for damages ordered
by the court to be paid by the losing party to the prevailing party in litigation. The
basis of this is any of the cases authorized by law.
9. What are the mechanics for the substitution of counsel?
The following must be filed:
 A written application for such substitution;
 The written consent of the client;
 The written consent of the attorney substituted;
 In case such written consent cannot be obtained, there must be filed with the
application proof of service of notice of such motion upon the attorney to be
substituted in the manner prescribed in the rules.
10. When can quantum meruit attorney’s fees be denied?
- The lawyer may be denied the quantum meruit fees notwithstanding the legal
services he has rendered, where such service was rendered to the government in
violation of COA Circular No. 86-255 which requires the prior consent to his hiring
from the OSG or OGCC.

B. QUIZ #2 (CANONS 1-2, JUDICIAL ETHICS)

1. How should a judge conduct his judicial functions?

- Judges shall exercise the judicial function independently on the basis of their
assessment of the facts and in accordance with a conscientious understanding of the
law, free of any extraneous influence, inducement, pressure, threat or interference,
direct or indirect, from any quarter or for any reason.

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2. Who are regarded as judge’s family members?

- The judge’s family includes: the judge’s spouse, son/s, daughter/s, son/s-in-law,
daughter/s-in-law, other relatives by consanguinity or affinity within sixth (6th) civil
degree, or any person who is a companion or employee of the judge and who lives in
the judge’s household.
3. What are the three (3) purposes of Notarial Rules?
- to promote, serve, and protect public interest;
- to simplify, clarify, and modernize the rules governing notaries public; and
- to foster ethical conduct among notaries public.
4. What is the jurisdiction and term of a notarial commission?
- A person commissioned as notary public may perform notarial acts in any place
within the territorial jurisdiction of the commissioning court for a period of two (2)
years commencing the first day of January of the year in which the commissioning is
made, unless earlier revoked or the notary public has resigned under these Rules and
the Rules of Court.
5. What are the qualifications before one can be a notary public?
- A notarial commission may be issued by an Executive Judge to any qualified person
who submits a petition in accordance with these Rules.
- To be eligible for commissioning as notary public, the petitioner:
1. Must be a citizen of the Philippines;
2. Must be over twenty-one (21) years of age;
3. Must be a resident in the Philippines for at least one (1) year and maintains a
regular place of work or business in the city or province where the
commission is to be issued;
4. Must be a member of the Philippine Bar in good standing with clearances
from the Office of the Bar Confidant of the Supreme Court and the Integrated
Bar of the Philippines; and(5) must not have been convicted in the first
instance of any crime involving moral turpitude.
6. Who are exempted from MCLE?
- The following members of the Bar are exempt from the MCLE requirement:
 The President and the Vice President of the Philippines, and the Secretaries
and Undersecretaries of Executives Departments;
 Senators and Members of the House of Representatives;
 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 and incumbent court lawyers covered by the Philippine Judicial
Academy program of continuing judicial education;
 The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of
the Department of Justice;
 The Solicitor General and the Assistant Solicitor General;
 The Government Corporate Counsel, Deputy and Assistant Government
Corporate Counsel;
 The Chairmen and Members of the Constitutional Commissions;
 The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen
and the Special Prosecutor of the Office of the Ombudsman;
 Heads of government agencies exercising quasi-judicial functions;
 Incumbent deans, bar reviews and professors of law who have teaching
experience for at least 10 years accredited law schools;
 The Chancellor, Vice-Chancellor and members of the Corps of Professors and
Professorial Lectures of the Philippine Judicial Academy; and

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 Governors and Mayors.

 Those who are not in law practice, private or public.
 Those who have retired from law practice with the approval of the IBP Board
of Governors.
7. What are the purposes of MCLE?
- Continuing legal education is required of members of the Integrated Bar of the
Philippines (IBP) to ensure that throughout their career, they keep abreast with law
and jurisprudence, maintain the ethics of the profession and enhance the standards
of the practice of law.
8. What are the prohibitions to a notary public stated in the Notarial Act?
- A notary public shall not perform a notarial act outside his regular place of work or
business; provided, however, that on certain exceptional occasions or situations, a
notarial act may be performed at the request of the parties in the following sites
located within his territorial jurisdiction:
 public offices, convention halls, and similar places where oaths of
 office may be administered;
 public function areas in hotels and similar places for the signing of
instruments or documents requiring notarization;
 hospitals and other medical institutions where a party to an instrument or
document is confined for treatment; and
 any place where a party to an instrument or document requiring notarization
is under detention.
- A person shall not perform a notarial act if the person involved as signatory to the
instrument or document:
 is not in the notary's presence personally at the time of the notarization; and
 is not personally known to the notary public or otherwise identified by the
notary public through competent evidence of identity as defined by these
Rules.
9. What are the disqualifications to a notary public?
- A notary public is disqualified from performing a notarial act if he:
 is a party to the instrument or document that is to be notarized;
 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
 is a spouse, common-law partner, ancestor, descendant, or relative by affinity
or consanguinity of the principal within the fourth (4TH) civil degree.
10. When can a notary public refuse to notarize a document?
- A notary public shall not perform any notarial act described in these Rules for any
person requesting such an act even if he tenders the appropriate fee specified by
these Rules if:
 the notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
 the signatory shows a demeanor which engenders in the mind of the
notary public reasonable doubt as to the former's knowledge of the
consequences of the transaction requiring a notarial act; and
 in the notary's judgment, the signatory is not acting of his or her own free
will.

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C. QUIZ #3 (Canons 3-4, JUDICIAL ETHICS)

1. What is the reason as to why the Lady Justice is blindfolded?

- The Lady Justice, the eternal symbol of the judiciary, is always blindfolded because
justice is rendered exclusively on the basis of the law, the relevant facts, and the
jurisprudence. All other human factors such as emotions, relationships,
preconceptions are unseen by Lady Justice and are to be excluded totally from the
judge’s consideration.
2. How should the appearance of the judge be projected?
- The judge should be careful with his public conduct and his speech and remarks to
others. Hence, the judge must exercise prudence and restraint and should reserve
personal views and predictions to himself so as not to stir up suspicions of bias and
unfairness.
3. What is the test to determine the propriety of the denial of a motion to inhibit?
- Whether the movant was deprived of a fair and impartial trial.
4. What are the grounds for mandatory disqualification?
- The judge has actual bias or prejudice concerning a party or personal knowledge of
disputed evidentiary facts concerning proceedings;
- The judge previously served as a lawyer or was a material witness in the matter in
controversy;
- The judge, or a member of his or her family, has an economic interest in the outcome
of the matter in controversy;
- The judge served as executor, administrator, guardian, trustee or lawyer in the case
or matters in controversy, or a former associate of the judge served as counsel during
their association, or the judge or lawyer was a material witness therein;
- The judge’s ruling in a lower court is subject of review
- The judge is related by consanguinity or affinity to a party litigant within the 6th
degree or to counsel within the 4th civil degree;
- The judge knows that his or her spouse or child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a
party to the proceeding, or any other interest that could be substantially affected by
the outcome of the proceedings.
5. What is the meaning of the Latin phrase Notatu Dignum?
- Notatu Dignum is the presumption of regularity in the performance of a judge’s
functions, hence, bias, prejudice and even undue interest cannot be presumed,
especially weighed against as judge’s sacred obligation under oath of office to
administer justice without respect to any person and do equal right to the poor and
the rich.
6. What is the effect of the judge’s inhibition?
- After the judge had inhibited himself from a case, he loses jurisdiction over said case.
7. Is the public’s right of access to court records absolute?
- No. The public’s right of access to judicial records, including transcripts, evidence,
memoranda, and court orders, maybe restricted, but only on a showing of “good
cause.”
- Accordingly then, as long as any party, counsel or person has a legitimate reason to
have a copy of court records and pay court fees, a court may not deny access to such
records.

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8. When can a municipal judge engage in notarial work?

- A municipal judge may not engage in notarial work except as a notary public ex-
officio subject to certain conditions to wit:
 there are no notaries public in the municipality;
 the document notarized is related to a case pending his sala;
 notarial fees must be turned over to the Municipal Treasurer
9. What are three (3) factors to dictate when token gifts on reasonable occasions are
acceptable?
- value of the gift;
- regularity of the occasion;
- source of the gift
10. What is the rationale for public access to court records?
- The public has a right to know whether a public officer is properly performing his
duty. In other words, the right of the public to be informed of the proceedings in
court is not founded in the desire or necessity of people to know about the doing of
others, but in the necessity of knowing whether its servant, the judge, is properly
performing his duty.

V. ADDITIONAL NOTES:

1. Executive Pardon
A. In re: Marcelino Lontok
- The cases are not altogether clear as to just what effect a pardon has on the right of a
court of disbar an attorney for conviction of a felony. On close examination, however,
it will be found that the apparent conflict in the decisions is more apparent than real,
and arises from differences in the nature of the charges on which the
proceedings to disbar are based. Where proceedings to strike an
attorney's name from the rolls are founded on, and depend alone, on a
statute making the fact of a conviction for a felony ground for
disbarment, it has been held that a pardon operates to wipe out the
conviction and is a bar to any proceeding for the disbarment of the
attorney after the pardon has been granted. (In re Emmons [1915], 29 Cal.
App., 121; Scott vs. State [1894], 6 Tex. Civ. App., 343). But where proceedings
to disbar an attorney are founded on the professional misconduct
involved in a transaction which has culminated in a conviction of felony,
it has been held that while the effect of the pardon is to relieve him of the
penal consequences of his act, it does not operate as a bar to the
disbarment proceedings, inasmuch as the criminal acts may
nevertheless constitute proof that the attorney does not possess a good
moral character and is not a fit or proper person to retain his license to
practice law. (People vs. Burton [1907], 39 Colo., 164; People vs. George
[1900],186 Ill., 122; Nelson vs. Com. [1908],128 Ky., 779; Case of In re ————
[1881],86 N.Y., 563.)
- The celebrated case of Ex parte Garland [1866], 4 Wall., 380, is directly in point. The
petitioner in this case applied for a license to practice law in the United States courts,
without first taking an oath to the effect that he had never voluntarily given aid to
any government hostile to the United States, as required by statute. The petitioner, it
seems, had been a member of the Conferate Congress, during the secession of the
South, but had been pardons by the President of the United States. It was held, buy a
divided court, that to exclude the petitioner from the practice of law for the offense

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named would be to enforce a punishment for the offense, notwithstanding the

pardon which the court had no right to do; and the opinion of the court, in part, said:
A pardon reaches both the punishment prescribed for the offense and the
guilt of the offender; and when the pardon is full, it releases the
punishment and blots out of existence the guilt, so that in the eye of the
law the offender is an innocent as if he had never committed the offense.
If granted before conviction, it prevents any of the penalties and
disabilities, consequent upon conviction, from attaching; if granted after
conviction, it removes the penalties and disabilities, and restores him to
all his civil rights; it makes him, as it were, a new man, and gives him a
new credit and capacity.
- There is only this limitation to its operation; it does not restore offices forfeited, or
property or interest vested in others in consequence of the conviction and
judgement.
- Although much which is contained in the opinion of the four dissenting justices, in
the Garland case, appeals powerfully to the minds of the court, we feel ourselves
under obligation to follow the rule laid down by the majority decision of the higher
court. We do this with the more grace when we recall that according to the article
130 of the Penal Code, one of the different ways by which criminal liability is
extinguished is by pardon. We must also remember that the motion for disbarment
is based solely on the judgement of conviction for a crime of which the respondent
has been pardoned, We must also remember that the motion for disbarment is based
solely on the judgment of conviction for crime of which the respondent has been
pardoned, and that the language of the pardon is not such as to amount to a
conditional pardon similar in nature to a parole. It may be mentioned however, in
this connection, that if Marcelino Lontok should again be guilty of any misconduct,
the condition of his pardon would be violated, and he would then become subject to
disbarment.

** Keyword ni sir: Professional Misconduct, In re: Gutierrez 5 SCRA 663, Pineda, pp. 447**

2. MCLE
A. Compliance:
- 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.
B. Compliance Procedure/Failure to comply:
- Each member not otherwise exempt under the Rules or whose exempt status the
Committee may take judicial notice of, shall secure from the MCLE Committee a
Compliance Card before the end of his compliance period. He shall complete the
card by attesting under oath that he has complied with the education requirement or
that he is exempt, specifying the nature of the exemption. Such Compliance Card
must be returned to the Committee not later than the day after the end of the
member’s compliance period
- Each member shall maintain a sufficient record of compliance or exemption, copy
furnished the MCLE Committee. The record or certificate issued by the provider to
all participants identifying the time, date, location, subject matter and length of the
activity shall be a sufficient record of attendance at such participatory activity. A
record of non-participatory activity shall also be maintained by the member.
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-
If a lawyer fails to comply with any requirement under the Rules, the Committee will
send him/her a notice of non-compliance on any of the following deficiencies:
o Failure to complete the education requirement within the compliance period;
o Failure to provide attestation of compliance or exemption;
o Failure to provide satisfactory evidence of compliance (including evidence of
exempt status) within the prescribed period;
o Failure to satisfy the education requirement and furnish evidence of such
compliance within sixty (60) days from receipt of a non-compliance notice;
and
o Any other act or omission analogous to any of the foregoing or intended to
circumvent or evade compliance with the MCLE requirements.
o A member failing to comply with the continuing legal education requirement
will receive a Non-Compliance Notice stating his specific deficiency and will
be given sixty (60) days from the receipt of the notification to explain the
deficiency or otherwise show compliance with the requirements. Such notice
shall be written in capital letters as follows:
YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR
NON-COMPLIANCE OR PROOF OF COMPLIANCE WITH THE MCLE
REQUIREMENT WITHIN 60 DAYS FROM RECEIPT OF THIS NOTICE,
SHALL BE A CAUSE FOR LISTING YOU AS A DELINQUENT MEMBER
AND SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL SUCH
TIME AS ADEQUATE PROOF OF COMPLIANCE IS RECEIVED BY THE
MCLE COMMITTEE.
- The Member may use the 60-day period to complete his compliance with the MCLE
requirement. Credit units earned during this period may only be counted toward
compliance with the prior compliance period requirement unless units in excess of
the requirement are earned, in which case the excess may be counted toward
meeting the current compliance period requirement.
- 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 the
IBP by the IBP Board of Governors upon the recommendation of the MCLE
Committee, in which case Rule 139-B of the Rules of Court shall apply
3. Notarial Practice
- Signature Witnessing: The term signature witnessing refers to a notrial act which an
individual on a single occasion:
1. Appears in person before the notary public and presents an instrument
or document;
2. Is personally known to the notary public or identified by the notary
public through competent evidence of identity as defined by these
Rules; and
3. Signs the instrument or document in the presence of the notary public
- Disqualifications: 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 (4 th) civil
degree.

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- Refusal to Notarize: A notary public shall not perform any notarial act described in
these Rules for any person requesting such an act even if he tenders the appropriate
fee specified by these Rules if:
 The notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
 The signatory shows a demeanor which engenders in the mind of the
notary public reasonable doubt as to the former’s knowledge of the
consequences of the transaction requiring a notarial act; and
 In the notary’s judgement, the signatory is not acting of his or her own
free will

4. What is the difference between direct contempt and indirect contempt? (Funa Book,
pp 162, Lorenzo Shipping Co, vs. Distribution Management Association of the
Philippines, G.R. No. 155849)

- Indirect or constructive contempt, the contemnor may be punished only after charge
in writing has been filed, and an opportunity given to the accused to be heard by
himself or counsel. It is wilful disobedience of the law process or order of the court.
- Direct Contempt, on the other hand, the respondent may be summarily adjudged in
contempt. The judgment in cases of indirect contempt is appealable whereas in cases
of direct contempt only judgments of contempt by MTCs, MCTCs, and MeTCs are
appealable. It is committed in the presence of or so near the judge as to obstruct him
in the administration of justice.

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