Prelim Exam – Until board of Governors

Exam will be in microsoft word converted to PDF

1. Concept

Practice of Law –

Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training, and experience (Cayetano v. Monsod, G.R. No. 100113, September 3,
1991).

ULEP vs Legal Clinic

-Giving advise or rendering of service that involves knowledge of legal principle.

-Appearance for clients before Public Tribunal

a. Privilege –

The practice of law is not a natural, property or constitutional right but a mere privilege. It is not a right
granted to anyone who demands it but a privilege to be extended or withheld in the exercise of sound
judicial discretion. It is a privilege accorded only to those who measure up to certain rigid standards of
mental and moral fitness. NOTE: It becomes a property right if there is a contract for Attorney’s Fees.

b. Profession, not business (Nature of the proffession of the law)

Law is a profession and not a trade

We are officers of the court.

The legal profession is not a business. It is not a money-making trade similar to that of a businessman
employing a strategy for the purpose of monetary gain (not). It is a sacred profession imbued with public
interest whose primary objective is public service, as it is an essential part in the administration of
justice and a profession in pursuit of which pecuniary reward is considered merely incidental.

The Supreme Court has the power to promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law,
the Integrated Bar, and legal assistance to the underprivileged (Sec. 5(5), Art. VIII, 1987 Constitution).

The congress, or any other branch of government, cannot add in any load to the supreme court without
the latter’s approval
2. Qualifications

1. a Citizen of the Philippines;

2. At least 21 years of age;

3. Of Good moral character;

4. a Resident of the Philippines;

5. Must produce before the SC satisfactory Evidence of good moral character;

6. No charges against him, involving moral turpitude, have been filed or are pending in any court in the
Philippines (Sec. 2, Rule 138, RRC)

7. Must have complied with the Academic requirements;

8. Must Pass the bar examinations;

9. Take the lawyer’s Oath; and

10. Sign the Roll of Attorneys.

Note:

The Five-Strike Rule was implemented from 2005 and ended in 2014. The rule limits to five the number
of times a candidate may take the Bar exams. The rule disqualifies a candidate after failing in three
examinations. However, he is permitted to take fourth and fifth examinations if he successfully
completes a one-year refresher course for each examination. On September 3, 2013, the Supreme
Court, issued a resolution, lifting the five-strike rule on bar repeaters.

Thus, to this day, the taking of the bar has no limit.

3. Continuing requirements for membership in the bar

• Filipino Citizenship
• Membership of the Integrated Bar of the Philippines
• In good standing
• IBP dues/annual payment
• MCLE Compliance (Mandatory Continuing Legal Education)
• Professional Tax payment
• Good moral character (Ariga v Maniwang; Tumbaga V Teoxon)
a. Good moral character

>includes at least common honesty

>not an absence of bad character

> maintenance therefore is equally essential during the continuance of the practive and the exercise of
the priviledge

The requirement of good moral character has four general purposes, namely:

1. To protect the public;

2. To protect the public image of lawyers;

3. To protect prospective clients; and

4. To protect errant lawyers from themselves. Each purpose is as important as the other (Garrido v.
Attys. Garrido and Valencia, A.C. No. 6593, February 4, 2010).

b. Citizenship; reacquisition of the privilege to practice law in the Philippines

As a general rule the lost of the Filipino citizenship ipso jure terminates the privelege to pracelice law in
the Phil. It is denied to foreigners

RA 9225, otherwise known as the Citizenship Retention and Re-acquisition Act of 2003, declares that
natural born Filipinos who were naturalized in other countries could re- acquire or retain their Philippine
citizenship after undergoing the procedure provided for under the law.

A lawyer who has lost his PH citizenship may continue to practice law in the PH when his Ph citizenship
is lost by reason of naturalization as a citizen of another country subsequently reacquired pursuant to
RA 9225

PH citizens shall be deemed not to have lost theor PH citizenshop

However, no automatic right to recume practice of law (Benjamin Dacanay BM No 1678 12/17/2007)
4. Appearance of non-lawyers

a. Law student practice.

A law student who has successfully completed his third year of the regular four-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 (Sec. 1, Rule 138-A).

The rule, however, is different if the law student appears before an inferior court, where the issues and
procedure are relatively simple. In inferior courts, a law student may appear in his personal capacity
without the supervision of a lawyer.” As provided for in Section 34, Rule 138, “a law student may appear
before an inferior court as an agent or friend of a party without the supervision of a member of the bar.”

b. Non-lawyers in courts.

The following are the instances whereby nonlawyers may appear in court:

1. 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.
2. Before any other court, a party may conduct his litigation personally but if he gets someone to
aid him, that someone must be authorized member of the Bar

A non-lawyer conducting his own litigation is bound by the same rules in conducting the trial
case. He cannot after judgment, claim that he was not properly represented

3. Criminal case 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. 7, Rule 116, RRC); and
4. Any official or other person appointed or designated to appear for the Government of the
Philippines in accordance with law (Sec. 33, Rule 138, RRC). NOTE: 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 a direct or indirect interest (Sec. 33, Rule 138, RRC)

c. Non-lawyers in administrative tribunals and labor tribunals.

Under the Labor Code, non-lawyers may appear before the NLRC or any Labor Arbiter, if:

a. They represent themselves; or

b. They represent their organization or members thereof (Art. 222, PD 442, as amended) (2002 Bar); or
 c. If they are duly accredited members of any legal aid office duly recognized by the Department of
Justice, or the Integrated Bar of the Philippines in cases referred to by the latter.

NOTE: He is not, however, entitled to attorney’s fees under Article 222 of the Labor Code for not being a
lawyer (Five J. Taxi v. NLRC, G.R. No. 111474, August 22, 1994).

d. Proceedings where lawyers are prohibited from appearing.

5. Sanctions for practice or appearance without authority

a. Lawyers without authority

The practice of law is only reserved for those qualified for the same. Eric’s appearance in court on behalf
of another is not sanctioned by the rules. A non-lawyer may only be allowed to appear in court if he is
representing himself not that of another (Sec. 34, Rule 138, RRC).

b. Persons not lawyers

Remedies against unauthorized practice of law by persons who are not lawyers [ICE]

1. Petition for Injunction;

2. Contempt of court; or

3. Criminal complaint for Estafa against a person who falsely represented himself to be an attorney to
the damage of a party.

Sanctions for persons who are not lawyers

They shall be punished with contempt of court, severe censure and three (3) months imprisonment
because of the highly fraudulent and improper conduct tending directly to impede, obstruct, degrade,
and make a mockery of the administration of justice (Manangan v. CFI, G.R. No. 82760, August 30, 1990;
Lapena, 2009). A person who has been refused admission to the bar by order of the Supreme Court but
nonetheless attempts to practice law is guilty of indirect contempt. (2014 Bar)

NOTE: A disbarred lawyer still appearing in court is guilty of indirect contempt (Lemoine v. Atty. Balon,
Jr., A.C. No. 5829, October 28, 2003).

6. Public officials and practice of law.

Includes elective or appointive officials and employees, permanent or temporary, whether in the career
or non-career service, including military and police personnel, whether or not they receive
compensation, regardless of amount (Sec. 3 (b), R.A. No. 6713, Code of Conduct and Ethical Standards
for Public Officials and Employees).

1. Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after termination.
(Sec. 3[d], RA 3019);

2. Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless
expressly allowed by law (Sec. 7[b], RA 6713);

3. A lawyer shall not, after leaving a government service, accept engagement or employment in
connection with any matter in which he had intervened. while in said service (Rule 6.03, CPR); and

4. A lawyer should not accept employment as an advocate in any matter upon the merits which he has
previously acted in a judicial capacity (Canon 36, CPE).

a. Prohibition or disqualification of former government attorneys.

Prohibition or disqualification of former government attorneys A lawyer shall not, after leaving
government service, accept engagement or employment in connection with any matter in which he had
intervened while in said service (Canon 6, Rule 6.03, CPR). The evil sought to be avoided by this
provision is the possibility of a lawyer who just retired, resigned or separated from the government of
using his influence for his own private benefit (Antiquiera, 1992).

7. Lawyers authorized to represent the government.

Solicitor General (Sol. Gen.) for the National Government, and any person appointed to appear for the
government of the Philippines in accordance with law (Sec. 33, Rule 138, RRC). In case of Local
Government Units (LGU), they are represented by a legal officer which provides legal assistance or
support to the mayor or governor and represents the LGU in all civil actions and special proceedings
wherein it or any of its officials are involved in an official capacity (Sec. 481, LGC). NOTE: In criminal
cases, the Sol. Gen. steps in only when the case has already reached the Court of Appeals. While it is
with the lower courts, it is the public prosecutor which represents the government.

8. Lawyer's oath

I, _____(name)______________, of ____(permanent address)_____________, do solemnly swear that I

will maintain allegiance to the Republic of the Philippines, I will support and defend its 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 its commission; I will not wittingly or willingly promote or sue any groundless,
false or unlawful suit nor give aid nor consent to the same; I will not delay any man’s cause 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 obligation voluntarily,
without any mental reservation or purpose of evasion. So help me God.

Read for next class: https://lawphil.net/judjuris/juri2013/sep2013/bm_2540_2013.html

B. DUTIES AND RESPONSIBILITIES OF A LAWYER

1. Society

Four fold duties of a lawyer

Duty to society

-Uphold the constitution, obey the laws of the land and promote respect of the law and legal process

Duties to the legal profession

-Uphold the dignity of the legal profession and not assist, directly and indirectly in the unauthorized
practice of law

Duties to the court

-To be candid with and promote respect of the courts and judicial officers and assist the courts in
rendering speedy and efficient administration of justice

Duties to the client

-To obrserve candor

CANON 1 and Rule 1.02

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Unlawful conduct is any ommision contrary to law. It doesn not necessarily imply the element of
criminality alhtough it is broad.

Immoral Conduct

-willfull flagrant or shameless that shows moral indiffirence

Grossly Immoral Conduct

-is so currupt tas to constitute a criminal act

-this is the only instance where a lawyer can be disbard

EX:

REVIEW: The question is based here: Wilson Cham v. Atty. Eva Pata-Moya, 556 SCRA 1 [2008]
The court make these distinctions as to the supreme penalty of disbarment arising from conduct
requires grossly immoral, not simply immoral conduxt (Peres v Catindig AC 5816, 3/10/15)

Rule 1.02 and Rule 1.03

Rule 1.04
CANON 2
Lawyers can’t advertise their expertise
CANON 3
Except for Supreme Court justices, President – There are circumstances that allow it but will have
limited practice
CANON 4

CANON 5
CANON 6
a. Respect for law and legal processes

b. Efficient and convenient legal services

c. True, honest, fair, dignified, and objective information on legal services

d. Participation in the improvements and reforms in the legal system

e. Participation in legal education program

f. Lawyers in government service discharging their tasks

2. The legal profession

a. Integrated Bar of the Philippines

b. Membership and dues
Failure to pay annual dues – June 30

-shall be considered dues delinquet

-suspend his membership priveledge other than practice of law if he has not paid until Dec 30

-ground for name removal in rolls of attorney

c. Upholding the dignity and integrity of the profession

Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a
material fact in connection with his application for admission to the bar.

Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by
him to be unqualified in respect to character, education, or other relevant attribute.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor
shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal
profession.
d. Courtesy, fairness, and candor towards professional colleagues

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS
HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.

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

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of
another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and
assistance to those seeking relief against unfaithful or neglectful counsel.

An opposing party’s lawyer cannot offer a settlement without the opposing counsel’s knowledge

e. No assistance in unauthorized practice of law

ANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF
LAW.

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

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not
licensed to practice law, except:chanroblesvirtuallawlibrary

(a) 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; or

(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

(c) 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.

3. The courts

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any artifice.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the
language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite
as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which
has not been proved.

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends
of justice.

a. Candor, fairness, and good faith towards the courts

b. Respect for courts and judicial officers
c. Assistance in the speedy and efficient administration of justice
d. Reliance on merits of case, not on impropriety tending to
e. influence the courts

4. The clients

a. Availability of service without discrimination

i. Services regardless of person's status

ii. Services as counsel de oficio

iii. Valid grounds for refusal

b. Candor, fairness, and loyalty to clients

i. Confidentiality rule

ii. ii. Privileged communication

iii. Conflict of interest

3 test for conflicting interest

1. Use of prior knowledge obtained

2.

3.

A termination of contract between client should not violate the privacy of information

iv. Candid and honest advice to clients

v. Compliance with laws

vi. Concurrent practice with another profession

c. Client's money and properties

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS PROFESSION.

Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client.

-the client can get back the money if the lawyer has not done their responsibility

-lawyers are not allowed to purchase, even if it’s in auction, if from a client

-if possible, show proof of your work for bill

Attorney’s fees in an court decision will be directed to the client, unless both Atty and client has made
an agreement about it.

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of
others kept by him.

Rule 16.03 - 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.

Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest 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.

Nanette B. Sison vs. Atty. Sherdale M. Valdez, A.C. No. 11663; July 31, 2017
-Respondent is liable for failure to account the money received. Since there was no case filed, the
money should have been returned.

i. Fiduciary relationship

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
TRUST AND CONFIDENCE REPOSED IN HIM.

ii. Co-mingling of funds

iii. Delivery of funds

iv. Borrowing or lending

d. Fidelity to client's cause

i. Use of fair and honest means

ii. Client's fraud

iii. Procedure in handling cases

iv. Competence and diligence

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

Rules 18.01 - 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.

Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection
therewith shall render him liable.

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a
reasonable time to the client's request for information.

- The legal profession demands a lawyer for the diligence of good father

v. Adequate protection

e. Competence and diligence

A lawyer is presumed prompt and diligent in his duties in the protection in his client's interest and duties
to the court, unless there is evidence.

i. Adequate protection

ii. Negligence

Any fact a lawyer acquires is imputed to the client

If a notice was sent to your lawyer then it is assumed that it has also been to your knowledge

iii. Collaborating counsel

iv. Duty to apprise client

f. Representation with zeal within legal bounds

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client
and shall not present, participate in presenting or threaten to present unfounded criminal charges to
obtain an improper advantage in any case or proceeding.

Rule 19.02 - 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 the client to
rectify the same, and failing which he shall terminate the relationship with such client in accordance
with the Rules of Court.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.

If a client dies, atty must inform the court even if he was not told by the family, within 30 days.

g. Attorney's fees

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 - 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;

(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.

Retainer agreement - retaining a lawyer, even if without any cases you must pay the lawyer

2 kinds:

General – any speciality, for all types of cases e.g: civil, labor

i. Acceptance fees

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of
fees in proportion to the work performed and responsibility assumed.

Requisites:

Attorney client relationship

Render work

Quantum meruit

- "what one has earned". In the context of contract law, it means something along the lines of
"reasonable value of services". In the United States, the elements of quantum meruit are determined by
state common law.

ii. Contingency fee arrangements

Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever
related to his professional employment from anyone other than the client.

For future:

Once you give them a proposal of the costs, no negotiations should be done
Retaining Lien

-A type of attorney's lien in which a lawyer acquires an interest in any of the client's property that the
lawyer has in lawful possession

Charging Lien

-The charging lien is the right which the attorney has upon all judgments for the payment of money, and
executions issued in pursuance of said judgments, which he has secured in litigation of his client

iii. Champertous contracts

iv. Attorney's liens

v. Fees and controversies with clients

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort
to judicial action only to prevent imposition, injustice or fraud.

borlongan vs. pena g.r. no. 143591

vi. Concepts of attorney's fees

h. Preservation of client's confidences

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE
ATTORNEY-CLIENT RELATION IS TERMINATED.

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;

(a) When authorized by the client after acquainting him of the consequences of the disclosure;

(b) When required by law;

(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial
action.

Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course
of employment, nor shall he use the same to his own advantage or that of a third person, unless the
client with full knowledge of the circumstances consents thereto.

Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files
to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data
processing, or any similar purpose.
Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are
utilized by him, from disclosing or using confidences or secrets of the clients.

Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of
his family.

Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid
possible conflict of interest.

i. Prohibited disclosures and use

ii. Disclosures, when allowed

Workaround:

Have the client sign if it is auditing

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof
unless prohibited by the client.

i. Withdrawal of services

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE
APPROPRIATE IN THE CIRCUMSTANCES.

Rule 22.01 - A lawyer may withdraw his services in any of the following case:chanroblesvirtuallawlibrary

(a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is
handling;

(b) When the client insists that the lawyer pursue conduct violative of these canons and rules;

(c) When his inability to work with co-counsel will not promote the best interest of the client;

(d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;

(e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer
agreement;

(f) When the lawyer is elected or appointed to public office; and

(g) Other similar cases.

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn
over all papers and property to which the client is entitled, and shall cooperative with his successor in
the orderly transfer of the matter, including all information necessary for the proper handling of the
matter.

j. Duties of lawyers in case of death of parties represented

Quiz:

Atty. Bong G. is the Corporate Secretary of a construction corporation that has secured a
multi-million infrastructure project from the government. In the course of his duties as
corporate secretary, he learned from the company president that the corporation had resorted
to bribery to secure the project and had falsified records to cut implementing costs after the
award of the project. The government filed a civil action to annul the infrastructure contract
and has subpoenaed Atty. Bong G. to testify against the company president and the
corporation regarding the bribery. Atty. Bong G. moved to quash the subpoena, asserting that
lawyer-client privilege prevents him from testifying against the president and the corporation.
Resolve the motion to quash

The motion to quash is valid.

As per Canon 19 of the Code of Professional Responsibility, a lawyer shall preserve information he
obtained from his client, even after the client's termination of their contract and even after death.

In the case of Atty. Bong G., he cannot testify against his client.

Motion to quash is not granted.

Correct answer:

There is no atty-client relationship. A corporate secretary is decided by the board for appointment. Rule
of priviledge information does not apply. The case was not divulge in confidence.

Canon 10 or Canon 12 can apply

Exemptions:

-communication of a crime that has not been done yet: when the client divulges plans of doing a crime

R is retained counsel of ABC Bank-Ermita Branch. One day, his Balikbayan Compadre B,
consulted him about his unclaimed deposits with the said branch of ABC Bank, which the
bank had refused to give to him claiming that the account had become dormant. R agreed to
file a case against the bank with the Regional Trial Court (RTC) of Manila. B lost the case, but
upon the advice of R, he no longer appealed the decision. B later discovered that R was the
retained counsel of ABC Bank-Ermita Branch. Does B have any remedy? Discuss the legal
and ethical implications of the problem.

R cannot represent ABC Bank-Ermita Branch.

As per Canon 15 of the Code of Professional Responsibility, a lawyer cannot represent conflicting
interests except by written consent of all concerned given after a full disclosure of the facts.

In the case of R, since he represented Compadre B in a case against ABC Bank-Ermita Branch, it would go
against a lawyer's responsibility, even with a former client.

Correct answer:

Sou

EXAM: November 25

Notary Requirements:

Notary requirements:

(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 (Section 1,
Rule III, Ibid.).

Start Jan 1- Dec 31 (2 years)

C. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS

1. Nature and characteristics of disciplinary actions against lawyers

a. Sui generis

b. Prescription of actions

2. Grounds
3. How instituted

4. Proceedings

5. Discipline of Filipino lawyers who practice in foreign jurisdictions

6. Sanctions

Jurat – to swear; It is proof that an oath was taken before an administering officer, such as a notary

Acknowledgement – we use when there are 2 parties with individual responsibilities

Quiz:

Visayas & Mindanao Law Office had a retainer agreement with Bong M., a businessman with shady
connections. Bong M. was recently charged in the RTC in Manila with money laundering in relation to an
illegal drugs syndicate using Cable Co., his holding company, as its money laundering conduit. The
members of the Visayas & Mindanao Law Office assigned to handle Bong M's account, including
yourself, were implicated in the money laundering case for their role in the incorporation of Cable Co.
and in the active management of its business affairs. In a bid to fortify the case against Bong M. and the
others, the public prosecutor approaches you (as the least guilty person who will qualify for a discharge
as a state witness) and offers to make you a state witness. Should you accept the offer? Explain your
answer

Answer:

There is an atty-client relationship since the law office is a retainer. Whatever was disclosed, it was
disclosed on confidence. It is a priviledge communication.

(Director of Lands v. Ababa, 88 SCRA 513 [1979])

-contingent fees are allowed as long as client has agreed beforehand. Properties are allowed to be used
as payment.

MIDTERMS Coverage above this line

D. READMISSION TO THE BAR

1. Lawyers who have been suspended

2. Lawyers who have been disbarred

3. Lawyers who have been repatriated

E. MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

1. Purpose

2. Requirements

3. Compliance

4. Exemptions

5. Sanctions

F. NOTARIAL PRACTICE

1. Qualifications of notary public

2. Term of office of notary public

3. Powers and limitations

4. Notarial register

5. Jurisdiction of notary public and place of notarization

6. Revocation of commission

7. Competent evidence of identity

8. Sanctions

G. DUTIES OF LA WYERS UNDER SPECIFIC PROVISIONS IN THE RULES OF COURT

1. Judgments, final orders, and entry of judgments

2. Contempt

3. Arraignment and plea

4. Attorney-client privilege

5. Powers and duties of court and judicial officers

6. Disqualification of judicial officers/inhibition

7. Withdrawal from case

8. Standing in court of persons authorized to appear for the government

9. Government lawyers and private practice

10. Amicus curiae

II. JUDICIAL ETHICS

A. SOURCES

1. New Code of Judicial Conduct for the Philippine Judiciary

2. Code of Judicial Conduct

Canon of Judicial Ethics

New Code of Judicial Conduct

Rules of Court

Supreme Court Issuances

B. QUALITIES

1. Independence

-individual independence – autonomy within the constaints of the laaw

-institutional – independent of the 2 other branches of the government

2. Integrity

3. Impartiality

4. Propriety

5. Equality

6. Competence and diligence

C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES

D. DISQUALIFICATION OF JUDICIAL OFFICERS

1. Compulsory

2. Voluntary