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BATMAN NOTES
Your “prep-time” for the 2019 Bar Exams
Lifted from:
I. UP Advance Bar Review 2019 lecture notes
II. UP Advance Bar Review 2019 review materials by Vice Dean Victoria Loanzon
III. Legal Ethics, Ernesto Pineda, 2009
IV. Legal Edge short jurisprudential notes
V. Bernabe Santos & Quinones Law Firm FAQs
VI. UST Golden Notes 2016
VII. Legal Edge 2019 Bar Review lecture notes
Thank you that you are with me no matter what the result,
Thank you that your friendship is eternal.
Amen.
Caveat: Reading, memorizing, and putting this reviewer to heart WILL NOT guaranty passing
the bar exams. Give due diligence in putting the hard work and believe that you can make it.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
I. LEGAL ETHICS
A. Practice of Law
1. Concept
Rule 138
Section 1. Who may practice law.
Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance
with the provisions of this rules, and who is in good and regular standing, is entitled to practice law.
Practice of Law - means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. To engage in the practice of law is to perform those acts
which are characteristics of the profession. Generally, to practice law is to give notice or render any kind
of service, which device or service requires the use in any degree of legal knowledge or skill (Cayetano v.
Monsod).
➢ Ulep v. Legal Clinic - A licensed attorney is generally engaged in 3 principal professional activity:
○ Legal advice and instruction to clients to inform them of their rights and obligations
○ Preparation for clients of documents requiring knowledge of legal principles not possessed
by ordinary layman
○ Appearance for client before public tribunals which possess power and authority to
determine rights of life, liberty, and property to law, in order to assist in proper
interpretation and enforcement of law
➢ In the Matter of the Petition for Authority to Continue use of the Firm name “Ozaeta, Romulo,
etc” - practice of law is not a matter of right, but merely a privilege bestowed upon individuals,
who are not only learned in the law, but who are also known to possess good moral character.
HOWEVER, it becomes a right once a person is admitted to the practice of law. Valid reason must
exist before a lawyer may be prevented from practicing law and can only be deprived of such right
for misconduct duly ascertained and after due process has been afforded him.
➢ In re: Clifton - Practice of law cannot be assigned or inherited, but must be earned by hard study
and good conduct.
➢ Practice of law is not a money-making venture (Canlas v. CA), it is a calling that is impressed with
public interests for which it is subject to State regulation (Metropolitan Bank v. CA).
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
➢ The power of admission to the practice of law is vested by the Constitution in the Supreme Court.
➢ The constitutional power to admit candidates to the legal profession is a judicial function and
involves the exercise of discretion
➢ The SC acts through a Bar Examination Committee in the exercise of judicial function
○ In re: Lanuevo - In the exercise of this function, the Court acts through a Bar Examination
Committee, composed of a member of the Court who acts as Chairman and eight (8)
members of the Bar who act as examiners in the eight (8) bar subjects with one subject
assigned to each.
Rule 138
Section 2. Requirements for all applicants for admission to the bar.
Every applicant for admission as a member of the bar must be a citizen of the Philippines, at least 21
years of age, of good moral character, and a resident of the Philippines and must produce before the
Supreme Court satisfactory evidence of good moral character, and that no charges against him, involving
moral turpitude, have been filed or are pending in any court in the Philippines.
Section 5. Additional requirements for other applicants. [BAR MATTER NO. 1153]
All applicants for admission other than those referred to in the 2 preceding sections shall, before being
admitted to the examination, satisfactorily show that they have regularly studied law for four years, and
successfully completed all prescribed courses, in a law school or university, officially approved and
recognized by the Secretary of Education. The affidavit of the candidate, accompanied by a certificate
from the university or school of law, shall be filed as evidence of such facts, and further evidence may be
required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the
following courses un a law school or university duly recognized by the government: civil law, commercial
law, remedial law, criminal law, public and private international law, political law, labor and social
legislation, medical jurisprudence, taxation, and legal ethics.
➢ The educational requirements are conditions sine qua non before one is permitted to take the Bar
Examinations
➢ Basic requirements for all applicants for admission to the bar: C2GRPNSAT
1. Must be a citizen of the Philippines
2. At least 21 years of age
3. Of good moral character
■ Zaguirre v. Castillo - Good moral character is required for admission to law and
misrepresentation about his true legal status is a ground for a bar passer not to take
his oath as a lawyer.
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■Reyes v. Nieva (Justice Perlas-Bernabe) – The possession of good moral character
is both a condition precedent and a continuing requirement to warrant admission
to the Bar and to retain membership in the legal profession
4. A resident of the Philippines
5. Must produce before the SC satisfactory evidence of good moral character
6. No charge against him, involving moral turpitude, have been filed or are pending in any
court
7. Studied law for 4 years and successfully completed the prescribed courses
8. Attainment of college degree (bachelor’s degree in arts or science)
➢ After passing the Bar Examinations, the candidate shall take his lawyer’s oath before the Supreme
Court followed later by his signing of the Roll of Attorneys
➢ Quingwa v. Armando Puno - If good moral character is a qualification for the privilege to enter
upon the practice of law, it is essential during the continuance of the practice and the exercise of
the privilege.
➢ Royong v. Oblena - Moral character is what a person really is, and not what he or other people
think he is. An applicant for license to practice law is required to show good moral character, or
what he really is, as distinguished from good reputation, or from the opinion generally entertained
of him, the estimate in which he is held by the public in the place where he is known.
➢ Purpose:
○ To protect the public
○ To protect the public image of lawyers
○ To protect prospective clients
○ To protect errant lawyers from themselves
4. Appearance of Non-Lawyers
a) Law student practice rule (Rule 138-A)
b) Non-lawyers in courts and/or administrative tribunals
Rule 138-A
Section 1. Conditions for Student Practice.
A law student who has successfully completed his 3rd year of the regular 4-year prescribed law
curriculum and is enrolled in a recognized law school’s clinical legal education program approved by
the Supreme Court, may appear without compensation in any civil, criminal or administrative case before
any trial court, tribunal, board of officer, to represent indigent clients accepted by the legal clinic of the
law school.
Section 2. Appearance.
The appearance of the law student authorized by this rule, shall be under the direct supervision and
control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any and
all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising
attorney for and in behalf of the legal clinic.
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The general rule is that only those who are licensed to practice law can appear and handle cases in court
➢ Exception: SMACLC
○ Student Practice Rule. A senior law student who is enrolled in a recognized law school’s
clinical education program approved by the Supreme Court may appear before any court
without compensation, to represent indigent clients accepted by the Legal Clinic of the law
school. The student shall be under the direct supervision and control of an IBP member
duly accredited by the law school (Rule 138-A, Section 1)
■ Elements:
● Completed his 3rd year
● Enrolled in a recognized law school
● Without compensation
● Represent indigent clients accepted by the legal clinic
■ Exception to the exception: law student can practice without supervision:
● If the law student appears before an inferior court, where the issues and
procedure are relatively simple. A law student may appear in his personal
capacity without the supervision of a lawyer
○ Section 34. By whom litigation is conducted. -- In the court of
justice of the peace, a party may conduct his litigation in person,
with the aid of an agent or friend appointed by him for that
purpose, or with the aid of an attorney. In any other court, a party
may conduct his litigation personally or by aid of attorney, and
his appearance must either personal or by a duly authorized
member of the bar.
○ Before the MTC a party may conduct his own case or litigation in person, with the aid of
an agent or friend appointed by him for that purpose (Rule 138, Section 34; Laput v.
Bernabe)
○ Before any other court, a party may conduct his litigation personally. But if he gets
someone to aid him, that someone must be an authorized member of the bar. He is bound
by the same rules in conducting the trial of the case. He cannot, after judgment, claim he
was not properly represented by counsel (People v. Sim Ben)
○ In a criminal case before a Municipal Trial Court in a locality where a duly licensed
member of the Bar is not available, the judge may appoint a non-lawyer who is a resident
in the province, of good repute for probity and ability to aid the accused in his defense
(Rule 116, Section 7; Paar v. Borromeo).
○ Under the Labor Code, non-lawyers may appear before the NLRC or any LA, if:
■ They represent themselves; or
■ They represent their organization or members thereof with written authorization of
the latter; or
■ 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
○ Under Cadastral Act, a non-lawyer can represent a claim before the Cadastral Court
○ Any person appointed to appear for the Government of the Philippines in accordance with
law (Rule 138, Section 33)
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○ A non-lawyer may represent a party before the Department of Agrarian Reform
Adjudication Board
➢ Zeta v, Malinao - A non-lawyer who practices law will be guilty of illegal practice of law
○ Tan v. Balajadia - the unauthorized practice of law by assuming to be an attorney and
acting as such without authority constitutes indirect contempt which is punishable by fine
or imprisonment or both.
■ Remedies against unauthorized practice of law:
● Petition for Injunction
● Contempt of Court
● Criminal complaint for Estafa against a person, who falsely represented
himself to be an attorney to the damage of a party
● Disqualification and complaint for disbarment
● Administrative complaint against the erring lawyer or government official
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SMSR
○ No Senator or Member of the House of Representatives may personally appear as consel
before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies (Article VI, Section 14)
■ Senator or Congressman is allowed to engage in the other aspect of the law practice
such as the giving of legal advice to clients, negotiating contracts in behalf of
clients which necessitates legal knowledge, preparation of documents of
conveyancing and similar others.
■ Sanggunian Members may practice their professions, provided that if they are
members of the Bar, they shall not (Local Government Code, Section 90):
● Appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the
government is the adverse party;
● Appear as counsel in any criminal case wherein an officer or employee of
the national or local government is accused of an offense committed in
relation to his office;
● Collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official; and
● Use property and personnel of the Government except when the
sanggunian member concerned is defending the interest of the
Government.
■ A retired justice, or judge receiving pension from the Government cannot act as
counsel in any civil case in which the Government or any of its subdivisions or
agencies is the adverse party or in a criminal case wherein an officer or employee
of the Government is accused of an offense in relation to his office (RA 910, Sec.
1).
I, (for purposes of the Bar Exams, do not write your name. Use “BAR EXAMINEE NO.__), of (place of
birth) do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support
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 the doing of any in court; I will not wittingly nor willingly promote or
sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for
money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion,
with all good fidelity as well to the court as to my clients; and I impose upon myself this voluntary obligation
without any mental reservation or purpose of evasion. So help me God.
➢ Ting-Dumali v. Torres - The Lawyer’s Oath is not a mere ceremony or formality for practicing
law to be forgotten afterwards, nor is it mere words, drift and hollow, but a sacred trust that lawyers
must uphold and keep inviolable at all times.
➢ Aguirre v. Rana - A bar passer must not only take his oath as a member of the Bar, but he must
also sign the Roll of Attorneys.
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1. To society (Canons 1 to 6)
Canon 1. A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law
and legal processes.
Rule 1.01. A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
➢ Gonzaga v. Realubin - the transgression of any provision of law by a lawyer is repulsive and
reprehensible act which the court will not countenance.
➢ Examples of crimes involving moral turpitude:
○ Estafa (In re: Abesamis) ○ Concubinage (In re: Isada)
○ Bribery (In re: Delos Angeles) ○ Smuggling (In re: Rovero)
○ Murder (In re: Gutierrez) ○ Falsification of public document
○ Bigamy (In re: Peralta) (In re: Avancena)
○ Seduction (De Jesus-Paras v. ○ Violation of B.P. Blg. 22 (People
Vailoces) v. Tuanda)
○ Abduction (In re: Basa)
➢ Paras v. Paras - the psychological incapacity of a lawyer does not necessarily make him an unfit
member of the bar.
➢ Tiong v. Florendo (J. Perlas-Bernabe) - Lawyer’s act of having an affair with his client’s wife
manifested his disrespect for the laws on the sanctity of marriage and his own marital vow of
fidelity
➢ Dizon v. De Taza - The issuance of check which were later dishonored for having been drawn
against a closed account indicates a lawyer’s unfitness for the trust and confidence reposed on him.
It shows a lack of personal honesty and good moral character, as to render him unworthy of public
confidence.
➢ In re: Atty. Marcial Edillon - When a suspended lawyer continues to practice law, despite being
suspended or disbarred, he is engaged in an unauthorized practice of law.
Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
➢ In re: 1989 IBP Elections - Respect for law is gravely eroded when lawyers themselves, who are
supposed to be minions of the law, engage in unlawful practices and cavalierly brush aside the very
rule that the IBP formulated for their observance.
Rule 1.03. A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or
delay any man’s cause.
Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a
fair settlement.
Compromise - the nature of a compromise agreement is such that a party must give up some of the rights
that he has, in consideration of the same act on the part of the other (Jesalva v. Bautista)
➢ Melendrez v. Decena - A lawyer cannot, without special authority, compromise his client’s
litigation or receive anything in discharge of the client’s claim but the full amount in cash.
➢ Jesalva v. Bautista - the rights of lawyers to the fees due them for services in a litigation cannot
have a higher standing than the rights of the clients or the parties themselves. Lawyer’s rights may
not be invoked by some of the parties as a ground for disapproving the compromise. The lawyer
affected can enforce his rights in a proper proceeding in accordance with the Rules, but said rights
may not be used to prevent the approval of the compromise.
Canon 2. A lawyer shall make his legal services available in an efficient and convenient manner
compatible with the independence, integrity and effectiveness of the profession.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
Rule 2.01. A lawyer shall not reject, except for valid reasons the cause of the defenseless or the oppressed.
➢ A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the
same standard of conduct governing his relation with the paying client. And he must delay no man
for money or malice.
➢ Neither, will he decline to represent a person solely on account of the latter’s race, sex, creed or
status in life, or because of his own opinion regarding the guilt of said person.
➢ He should not also decline appointment as counsel de oficio for the defenseless and oppressed,
unless there are valid reasons therefor. And under the Rules of Court, it is one of the duties of a
lawyer never to reject, for any consideration personal to him, the cause of the defenseless or
oppressed
Rule 2.02. In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal
advice to the person concerned if only to the extent necessary to safeguard the latter’s right.
Rule 2.03. A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.
➢ Jayme v. Bualan - In the fixing of attorney’s fees, it must not be forgotten that the profession is a
branch of the administration of justice and not a mere money-making trade
➢ In re: Sycip - the following characteristics distinguishes legal profession from business:
○ A duty of public service, emoluments is just a by-product
○ A relation as an ‘office of the court’ to the administration of justice involving thorough
sincerity, integrity and reliability
○ Highest degree of fiduciary relationship with client
○ A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to
resort to current business methods of advertising and encroachment on their practice, or
dealing directly with their clients
➢ For solicitation to be proper, it must be compatible with the dignity of the legal profession. If made
in a modest and decorous manner, it would bring no injury to the lawyer or to the bar.
○ The best advertisement for a lawyer is a well-deserved reputation for competence, honesty,
and fidelity to private trust and public duty
○ Improper solicitation:
■ Director of Religious Affairs v. Bayot - The practice of soliciting cases at law for
the purpose of gain, either personally or thru paid agents or brokers, constitutes
malpractice.
■ Any self-laudatory or self-praising statements in newspaper advertisements or
professional card disgrace and abase the lawyer and his profession.
Rule 2.04. A lawyer shall not charge rates lower than those customarily prescribed unless the
circumstances so warrant.
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Canon 3. A lawyer in making known his legal services shall use only true, honest, fair, dignified and
objective information or statement of facts.
Rule 3.01. A lawyer shall not use or permit to use of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services.
➢ It is not unethical for a lawyer to make known his legal services. However, he must do so only by
using true, honest, fair, dignified and objective information or statement of facts.
➢ In re: Atty Renerio Paas - A lawyer who uses as his office address the office of his wife who is a
judge was found guilty of using a fraudulent, misleading and deceptive address that had no purpose
other than to try to impress either the court in which his cases are lodged, or his clients that he has
close ties to a member of the judiciary.
➢ Director of Religious Affairs v. Bayot - It is unethical for an attorney to advertise his talents or
skill as a merchant advertises his wares.
Rule 3.02. In the choice of a firm name, no false, misleading or assumed name shall be used. The
continued use of the name of a deceased partner is permissible provided that the firm indicates in all its
communications that said partner is deceased.
➢ The ruling in Sycip case has been abandoned, a partnership is allowed to continue the use of the
name of a deceased partner provided that there is an indication that the said partner is already
deceased (put a cross on right hand corner of the name of the deceased partner)
○ If a partner in a Law Firm had been appointed as a judge, his name in the firm should be
dropped because he is no longer allowed to practice law.
○ A partner who has been appointed or elected to a government position which prohibits
private practice of law, should likewise cause the removal of his name in the Law Firm to
avoid a display of influence on the part of the firm.
○ Dacanay v. Baker & Mckenzie - the use by the respondent of the firm name Baker and
McKenzie constitutes an unethical practice because that firm is not authorized to practice
law in this jurisdiction (case of Quisumbing Torres firm)
➢ B.R. Sebastian Enterprises Inc. v. CA - Petitioner’s counsel was the law firm of BAIZAS,
ALBERTO & ASSOCIATES and not merely Atty. Crispin Baizas. Hence, the death of the latter
did not extinguish the lawyer-client relationship between said firm and petitioner.
○ Antonio v. CA - Negligence of a member in the law firm is negligence of the firm
Rule 3.03. When a partner accepts public office, he shall withdraw from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law concurrently
Rule 3.04. A lawyer shall not pay or give anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal business
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➢ Indirect advertisement for professional employment such as furnishing or inspiring newspaper
comments, or procuring his photograph in connection with causes in which the lawyer has been or
is engaged or concerning the manner of their conduct, the magnitude of the interest involved, the
importance of the lawyer’s position and all other self-laudation, offend the traditions and lower the
tone of profession
Canon 4. A lawyer shall participate in the improvement of the legal system by initiating or supporting
efforts in law reform and in the administration of justice.
➢ It is every lawyer’s duty to improve the legal system in the country by contributing to the system:
○ Presenting position papers or resolutions for the introduction of pertinent bills in Congress
○ Petitions with the SC for the amendment of the Rules of Court or introduction of New
Rules
○ Petitions with the IBP and other forums which have any relevance to the system
Canon 5. A lawyer shall keep abreast of legal developments, participate in continuing legal education
programs, support efforts to achieve high standards in law schools as well as in the practical training
of law students and assist in disseminating information regarding the law and jurisprudence.
➢ Legal education - the special training that goes into the making of a lawyer but it has long been
recognized that this education does not end with admission to the Bar.
○ Mandatory Continuing Legal Education - to keep the lawyers, specially practicing
lawyers, abreast with the law and jurisprudence, continuing legal education should be made
mandatory by the Supreme Court.
■ Lawyers are required to complete every 3 years at least 36 hours of MCLE
■ Excepted lawyers:
● Justices of the SC, Court of Appeals, Sandiganbayan,
● RTC Judges
● Law Deans
● Some law professors
● Members of Congress
➢ De Roy v. CA - It is the bunden duty of counsel as lawyer in active law practice to keep abreast of
decisions of the Supreme Court particularly where issues have been clarified, consistently
reiterated, and published in the advance reports of Supreme Court decisions and in such
publications as the Supreme Court Reports Annotated and law journals
Canon 6. These canons shall apply to lawyers in government service in the discharge of their official
tasks.
➢ A lawyer does not shed his professional obligations upon his assuming public office
○ However, lawyers who are incumbent judges and magistrates shall be governed in the
performance of their official functions by the Code of Judicial Conduct
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➢ Gonzales Austria v. Abaya - If the lawyer’s misconduct in the discharge of his official duties as
government official is of such a character as to affect his qualification as a lawyer or to show moral
delinquency, he may be disciplined as a member of the Bar on such ground.
➢ Facturan v. Barcelona (Justice Perlas-Bernabe) – A lawyer in public office is expected not only
to refrain from any act or omission which might tend to lessen the trust and confidence of the
citizenry in government, he must also uphold the dignity of the legal profession at all times and
observe a high standard of honesty and fair dealing.
Rule 6.01. The primary duty of a lawyer engaged in public prosecution is not to convict but to see that
justice is done. The suppression of facts or the concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and is cause for disciplinary action.
➢ State v. Platon - A prosecutor is a quasi-judicial officer and as such, he should seek equal and
impartial justice. He should be as much concerned with seeing that no innocent man suffers as in
seeing that no guilty man escapes
Rule 6.02. A lawyer in the government service shall not use his public position to promote or advance
his private interests, not allow the latter to interfere with his public duties.
➢ Government lawyers, who are public servants owe utmost fidelity to the public service. For a public
office is a public trust
➢ Under Section 4 of R.A. No. 6713, public officials are required to:
○ Uphold the public interest over and above personal interest
○ Discharge their duties with highest degree of excellence, professionalism, intelligence and
skill
○ Act with justness and sincerity
○ Provide service without discrimination
○ Extend prompt, courteous and adequate service to the public
○ Be loyal to the Republic and commit themselves to the democratic way of life and values
○ Lead modest lives
➢ Gonzales-Austria v. Abaya - Generally, a lawyer who holds government office may not be
disciplined as a member of the Bar for misconduct in the discharge of his duties as a government
official
○ HOWEVER, if the misconduct of a government official is of such a character as to affect
his qualification as a lawyer or to show moral delinquency, then he may be disciplined as
a member of the Bar upon such ground
Rule 6.03. 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.
➢ PCGG v. Sandiganbayan
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○ Revolving door - the process by which lawyers and others temporarily enter government
service from private life and then leave it for large fees in private practice, where they can
exploit information, contracts, and influence garnered in government service.
■ Adverse-interest conflicts - exist where the matter in which the former
government lawyer represents a client in private practice is substantially related to
a matter that the lawyer dealt with while employed by the government and the
interests of the current and the former are adverse
■ Congruent-interest representation conflicts - unique to government lawyers and
apply primarily to former government lawyers.
Canon 7. A lawyer shall at all times uphold the integrity and dignity of the legal profession, and support
the activities of the integrated bar.
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.
➢ A lawyer shall make no recommendation or endorsement of any applicant for admission to the bar,
if he knows that the applicant is not qualified to become a member of the bar for lack of good moral
character, lack of educational requirements or other relevant attribute. It is even his duty to society
to do something to prevent such applicant from taking the bar examinations.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
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 in private life, behave in a scandalous manner to the discredit of the legal
profession
➢ Melendrez v. Decena - The conduct of nobility and uprightness should stay with him whether in
his public of private life. A lawyer who commits an unlawful act though not related to the discharge
of his professional duties as a member of the Bar, which puts his moral character in serious doubt,
renders him unfit to continue in the practice of law
➢ In re: Pelaez - the grounds for disciplinary action enumerated under the RoC are not exclusive and
are so broad as to cover practically any misconduct of a lawyer in his professional or private
capacity.
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.
➢ Surigao Mineral Reservation Board v. Ferrer - Disrespectful, abusive and abrasive language,
offensive personalities, unfounded accusations or intemperate words tending to obstruct, embarrass
or influence the court in administering justice or to bring it into disrepute have no place in a
pleading. Their employment serves no useful purpose and on the contrary constitutes direct
contempt or contempt in facie curiae.
○ Language should be forceful but dignified
➢ Rheem of the Philippines v. Ferrer - Lack or want of intention is no excuse for the disrespectful
language employed
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.
➢ A person without a retained lawyer is a legitimate prospective client for any lawyer whom he
approaches for legal services. But as soon as he had retained one, and had not dismissed the retained
counsel, efforts on the part of another lawyer to take him as client constitutes an act of encroaching
upon the employment of another lawyer.
○ It is highly unethical for a lawyer to exert efforts directly or indirectly, in any way, to
encroach upon the professional employment of another.
○ Laput v. Ramontique - When the first lawyer was already dismissed or dispensed with by
the client, the entry of the appearance of another lawyer in the case is not encroachment
upon the business of another lawyer.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
➢ A lawyer should not communicate upon the subject of controversy with the party represented by
counsel, much less should he undertake to negotiate or compromise the matter with him, but should
deal only with his counsel. Neither should the lawyer attempt to interview the opposite party and
question him as to the facts of the case even if the adverse party is willing to do so.
➢ Any person who seeks relief against an unfaithful or neglectful lawyer may approach another
lawyer for proper advice and assistance. Any advice or assistance extended after proper verification
is not encroaching upon the business of another lawyer for such act is justified under the
circumstances
Canon 9. A lawyer shall not directly or indirectly assist in the unauthorized practice of law
➢ Unauthorized practice of law - committed when a person not a lawyer pretends to be one and
performs acts which are exclusive to members of the bar.
○ The unauthorized practice of law by assuming to be an attorney and acting as such without
authority constitutes indirect contempt which is punishable by fine or imprisonment or
both.
Rule 9.01. A lawyer shall not delegate to ay unqualified person the performance of any task which by law
may only be performed by a member of the Bar in good standing.
➢ Guballa v. Caguioa - A lawyer is prohibited from taking as partner or associate any person who is
not authorized to practice law
➢ Lamport v. Aetna Life Insurance - A client-lawyer relationship is a personal one. The retained
counsel cannot just get another lawyer to represent the client without the latter’s consent.
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:
1. Where there is a pre-existing agreement with a partner or associate that, upon the latter’s death,
money shall be paid over a reasonable period of time to his estate or to the persons specified in
the agreement;
2. Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
3. Where a lawyer or law firm includes non-lawyer employees in a retirement plan, even if the plan
is based in whole or in part on a profit-sharing arrangement
➢ Integrated Bar of the Philippines - it is the national organization of lawyers created on 16 January
1973 under Rule 139-A.
➢ General objectives:
○ To elevate the standards of the legal profession
○ To improve the administration of justice
○ To enable the Bar to discharge its public responsibility more effectively
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○ To assist in the administration of justice
○ To foster and maintain on the part of its members high ideals of integrity, learning,
professional competence, public service and conduct
○ To safeguard the professional interest of its members
○ To cultivate among its members a spirit of cordiality and brotherhood
○ To provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice
and procedure, and the relation of the Bar to the Bench and to the public and publish
information relating thereto
○ To encourage and foster legal education
○ And to promote a continuing program of legal research in substantive and adjective law,
and make reports and recommendations thereon.
➢ Santos Jr. v. Llamas - without paying IBP dues, a lawyer cannot engage in the practice of law, no
matter how limited his practice is.
➢ The IBP shall be strictly non-political and every activity tending to impair this is strictly prohibited
and shall be penalized accordingly.
➢ In re: Edillon - Membership in the National IBP is mandatory. It is not violative of the freedom to
associate
Canon 10. A lawyer owes candor, fairness and good faith to the court.
➢ Surigao Mineral Reservation Board v. Cloribel - A lawyer is an officer of the court; he is, ‘like
the court itself, an instrument or agency to advance the ends of justice.’ His duty is to uphold the
dignity and authority of the courts to which he owes fidelity, ‘not to promote distrust in the
administration of justice.’ The lawyer should seek to preserve the faith in the courts
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 mislead by any artifice.
➢ Surigao Mineral Reservation Board v. Cloribel - it is not candid nor fair for the lawyer to
knowingly misquote a provision of the law of past Decisions of the SC
➢ Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or
official proceedings, shall be punished as guilty of false testimony and shall suffer the respective
penalties provided in Article 184 of the Revised Penal Code.
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 a law a
provision already rendered inoperative by repeal or amendment, or assert as a fact that has not been
proved.
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○ Knowingly misquoting or misrepresenting:
■ Contents of a paper
■ Language or argument of opposing counsel
■ Text of a decision or authority
○ Knowingly citing as law, a provision already rendered inoperative by repeal or amendment
○ Asserting as a fact that which has not been proved
➢ Allied Banking Corp v. CA
○ The syllabus is simply the work of the reporter who gives his understanding of the decision.
The reporter writes the syllabus for the convenience of lawyers in reading the reports. A
syllabus is not a part of the court’s decision. A counsel should not cite a syllabus in place
of the carefully considered text in the decision of the Court
○ However, a mere typographical error in the citation of an authority is not contemptuous
○ BUT when the misquotation is intended, the lawyer is subject to disciplinary action
➢ Banogon v. Zerna - Lawyers must not intentionally misread or interpret the law to the point of
distortion in cunning effort to achieve their purpose
➢ Munoz v. CA - A lawyer should not assert a fact which had not yet been proven.
Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends
of justice.
➢ Eternal Gardens Memorial Park v. CA - While lawyers owe entire devotion to the interest of their
clients and zeal in the defense of their clients’ right, they should not forget that they are officers of
the court in the speedy and efficient administration of justice. They should not misuse the rules of
procedure to defeat the ends of justice or unduly delay a case, impede the execution of a judgment
or misuse court processes.
Rule 10.04. A lawyer shall, when filing a pleading, furnish the opposing party with a copy thereof,
together with all the documents annexed thereto. Unless a motion is ex parte, he should set it for hearing,
with sufficient notice to the other party.
Canon 11. A lawyer shall observe and maintain the respect due to the courts and to judicial officers
and should insist on similar conduct by others.
➢ In re: Almacen - a lawyer’s duty to render respectful subordination to the courts is essential to the
orderly administration of justice. Hence, in the assertion of their clients’ rights, lawyers--even those
gifted with superior intellect--are enjoined to rein up their tempers.
➢ De Leon v. Torres - However erroneous they may be, court orders must be respected by lawyers
who are themselves officers of the court
➢ Zaldivar v. Gonzales
○ Criticisms of court must not spill over the wall of decency and propriety
○ Freedom of speech and expression is not absolute and that freedom of expression need on
occasion to be adjusted to accommodate the requirements of equally important public
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
interests. One of these fundamental public interests is the maintenance of the integrity and
orderly functioning of the administration of justice.
○ Respondent Gonzales, apart from being a lawyer and an officer of the court, is also a
Special Prosecutor who owes duties of fidelity and respect to the Republic and to this Court
as the embodiment and the repository of the judicial power in the government of the
Republic. The responsibility of the respondent ‘to uphold the dignity and authority of this
Court’ and ‘not to promote distrust in the administration of justice’ is heavier than that of
private practicing lawyer.
○ But it is the cardinal condition of all such criticism that it shall be bona fide, and shall not
spill over the walls of decency and propriety.
■ Intemperate and unfair criticism is a gross violation of the duty of respect to courts.
It is such a misconduct that subjects a lawyer to disciplinary action.
➢ Soriano v. CA - mere criticism or comment on the correctness or wrongness, soundness, or
unsoundness of the decision of the court in a pending case made in good faith may be tolerated.
○ Francisco Jr. v. UEM-MARA Philippines - in criticizing a judge’s decision, the test is
whether it is done in good faith.
Rule 11.03. A lawyer shall abstain from scandalous offensive or menacing language or behavior before
the courts
Rule 11.04. A lawyer shall not attribute to a Judge motives not supported by the record or have no
materiality to the case.
➢ People v. Carillo - Counsel must be courageous enough to point out errors, arbitrariness, and
injustices of courts and judges. The fear of provoking displeasure of the affected judges must not
deter them from complying with their civil and legal duty to object to, oppose, and protest against
illegal or erroneous judicial decisions, resolutions, acts, or conduct. Judges and tribunals are not
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infallible. As eternal vigilance is the price of democracy and liberty, so it is in the case of justice.
Its efficient administration needs the assistance of a vigilant bar, composed of persons who will
never sacrifice any principle for the sake of personal friendship with any judge. But at the same
time, lawyers must avoid at all cost launching groundless and irresponsible defamatory remarks
against any member of the bar who should do so must be sternly dealt with, as a cancerous
excrescence in our system of justice.
Rule 11.05. A lawyer shall not criticize the personal or official conduct of a judge in an insulting an
intemperate language.
➢ In re: Abistado - The constitutional guaranty of freedom of speech and press must be protected in
its fullest extent, but license or abuse of liberty of the press and of the citizen should not be confused
with liberty in its true sense; that as important as is the maintenance of an unmuzzled press and the
free exercise of the rights of the citizen is the maintenance of the independence of the judiciary.
Rule 11.06. A lawyer shall submit grievances against a Judge to the proper authorities only.
➢ Maceda v. Ombudsman - complaints against judges must be coursed to proper authorities only
○ With the Supreme Court, if the case is administrative in nature; or
○ With the Office of the Ombudsman if the complaint is criminal and not purely
administrative in nature.
Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient
administration of justice.
➢ People v. Jardin - the dilatory tactics of the defense counsel and the failure of both the judge and
the fiscal to take effective counter measures to obviate the delaing acts constitute obstruction of
justice.
Rule 12.01. A lawyer shall not appear for trial unless he has adequately prepared himself with the law
and the facts of his case, the evidence he will adduce and the order of its profference. He should also be
ready with the original documents for comparison with the copies.
➢ Villasis v. CA - a newly hired counsel who appears in a case in the midstream is presumed and
obliged to acquaint himself with all the antecedent processes and proceedings that have transpired
in the record prior to his takeover.
➢ The lawyer who is presenting documentary exhibits must also be ready with the originals thereof
for purposes of comparison with copies thereof--to avoid objections--which ordinarily delay the
proceedings.
Rule 12.02. A lawyer shall not file multiple actions arising from the same cause.
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➢ Forum shopping - there is forum shopping when as a result of an adverse opinion in one forum, a
party seeks a favorable opinion in another or when he institutes two or more actions or proceedings
grounded on the same cause, on the gamble that one or the other court would make a favorable
disposition.
○ Elements:
■ Two or more cases are pending
■ Involving the same parties, causes of action, and reliefs prayed for
○ It is condemnable and the punishment therefor is the dismissal of all actions pending in the
different courts without prejudice to the taking of appropriate actions against the counsel
or party concerned (Buan v. Lopez Jr.)
○ Maronilla v. Jorda - forum shopping applies only to judicial cases or proceedings, not to
disbarment proceedings
Rule 12.03. A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs,
let the period lapse without submitting the same or offering an explanation for his failure to do so.
➢ A lawyer who files a Motion for Extension of Time within which to file pleadings, memoranda
or briefs, must comply within the period granted, unless, for valid reasons, he is granted another
period, in which latter case, he should comply before the lapse of the last period so granted.
Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court
processes.
➢ Cobb-Perez v. Lantin - Lawyers should not resort to nor abet the resort of their clients, to a series
of actions and petitions for the purpose of thwarting the execution of a judgment long final and
executory.
➢ Uypuanco v. Equitable Banking Corporation - The circumstances surrounding the present
litigation definitely prove that the appeal is frivolous and a plain trick to delay payment and prolong
litigation unnecessary. Such attitude deserves severe condemnation, wasting, as it does, the time
that the courts could well devote to meritorious cases.
Rule 12.05. A lawyer shall refrain from talking to his witness during a break or recess in the trial, while
the witness is still under examination.
Rule 12.06. A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate
another.
Rule 12.07. A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
➢ A lawyer’s language should always be dignified in keeping with the dignity of the legal profession.
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Rule 12.08. A lawyer shall avoid testifying in behalf of his client, except:
A. On formal matters, such as the mailing, authentication or custody of an instrument and the like;
or
B. On substantial matters, in cases where his testimony is essential to the end of justice, in which
event he must, during his testimony, entrust the trial of the case to another counsel.
➢ National Bank v. Uy Teng Piao - although the law does not forbid an atty to be a witness and at
the same time an atty in a cause, the courts prefer that counsel should not testify as a witness unless
it is necessary, and that he should withdraw from the active management of the case.
○ In the following instances, the lawyer is allowed to testify in behalf of the client:
■ On formal matters, such as the mailing, authentication or custody of an instrument
and the like; or
■ On substantial matters, in cases where his testimony is essential to the ends of
justice.
Canon 13. A Lawyer shall rely upon the merits of his cause and refrain from any impropriety which
tends to influence, or gives the appearance of influencing the court.
➢ In prosecuting or defending cases, the lawyer must be guided by the principles of justice. He must
rely on the merits of his cases and should avoid using influence and connections to win his case.
➢ Rau Sheng Mao v. Velasco - a lawyer was suspended for giving the complainant the impression
that he was in a position to influence the court.
Rule 13.01. A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for
cultivating familiarity with judges.
➢ A lawyer who resorts to such practices of seeking familiarity with judges dishonors his profession
and a judge who consents to them is unworthy of his high office.
➢ Gallo v. Codero - It is highly improper for a judge to meet privately with an accused who has a
pending case before him without the presence of the other party. This prohibition is to maintain
impartiality. Judges should not only be impartial but should appear impartial
Rule 13.02. A lawyer shall not make public statements in the media regarding a pending case tending to
arouse public opinion for or against a party.
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➢ Strebel v. Figueras - if the counsel instigated or induced his client to make the public statement or
publicity in the media involving a pending case to arouse public opinion and to influence the judge,
both the client and the lawyer may be subjected to contempt of court.
Rule 13.03. A lawyer shall not brook or invite interference by another branch or agency of the
government in the normal course of judicial proceedings.
4. To the clients
a) Canons 14 to 22
Canon 14. A lawyer shall not refuse his services to the needy.
Rule 14.01. A lawyer shall not decline to represent a person solely on account of the latter’s race, sex,
creed or status of life, or because of his own opinion regarding the guild of said person.
Rule 14.02. A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel
de oficio or as amicus curiae or a request from the Integrated Bar of the Philippines or any of its chapters
for rendition of free legal aid.
➢ Definitions:
○ Counsel de oficio - a counsel, appointed or assigned by the court from among such
members of the bar in good standing who, by reason of their experience and ability, may
adequately defend the accused.
○ Amicus Curiae - it literally means a friend of the court. Experienced and impartial
attorneys may be invited by the Court to appear as amicus curiae to help in the disposition
of issues submitted to it. An amicus curiae acts merely as a consultant to guide the court
in a doubtful question or issue pending before it.
○ Amicus Curiae par excellence - Bar associations who appear in court as amicus curiae.
➢ People v. Rio - The duty to appoint a counsel de oficio rests upon the presiding judge. If an accused
appears without counsel, it is the duty of the judge to inform him that under the Constitution, it is
his right to have an attorney to represent him. If he desires and is unable to employ one, the court
must assign an attorney de oficio to defend him.
➢ People v. Ferrer - Lawyers called to duty under the Rule, cannot be excused from rendering
efficient and truly decisive legal assistance except for the most compelling reasons
○ People v. Estebia - As counsel de oficio, the lawyer is duty bound to exert his best efforts
and professional ability in behalf of the person assigned to his care
Rule 14.03. A lawyer may not refuse to accept representation of an indigent client unless:
A. He is not in a position to carry out the work effectively or competently
B. He labors under conflict of interest between him and the prospective client or between a present
client and the prospective client
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Rule 14.04. A lawyer who accepts the cause of a person unable to pay his professional fees shall observe
the same standard of conduct governing his relations with paying clients.
➢ If a lawyer accepts a case for a client and the client is unable to pay the lawyer’s professional fees,
he must still represent the client with utmost fidelity, competence and diligence. The profession is
not a money-raking trade but a noble involvement in the administration of justice.
➢ Sarenas v. Ocampos - Every case a lawyer accepts deserves full attention, diligence, skill, and
competence regardless of its importance and whether he accepts it for a fee or for free. It bears
emphasis that a client is entitled to the benefit of any and every remedy and defense that is
authorized by the law and expects his lawyer to assert every such remedy or defense.
➢ American Home Assurance v. NLRC - The supposed extreme poverty of the client is not a
justifiable excuse for the failure of his counsel to file the motion for reconsideration on time under
the circumstances. Instead, there was gross negligence in the part of Atty. Montesclaros in the
discharge of his duty and this cannot be counternanced if we are to have an orderly administration
of justice.
Canon 15. A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with
his client.
Rule 15.01. A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable
whether the matter would involve a conflict with another client or his own interest, and if so, shall
forthwith inform the prospective client.
➢ Sta. Maria v. Tuason - Lawyer shall not place his private interest over and above that of his client
➢ Mejia v. Reyess - Lawyers are prohibited from representing conflicting interests in a case
○ XPN: Rule 15.03. A lawyer shall not represent conflicting interests except by written
consent of all concerned given after a full disclosure of the facts.
○ Conflicting interests - when, in behalf of one client, it is his duty to contend for that which
duty to another client (previous, present or potential), he is required to oppose.
■ Kinds:
● Concurrent/Multiple Representation - occurs when a lawyer represents
clients whose objectives are adverse to each other, no matter how slight or
remote such adverse interest may be
● Sequential/Successive Representation - occurs when a law firm takes a
present client who has an interest adverse to the interest of a former client
of the same law firm
■ Samson v. Era - the test is “whether or not in behalf of one client, it is the lawyer’s
duty to fight for an issue or claim, ut it is his duty to oppose it for the other client.
In brief, if he argues for one client, this argument will be opposed by him when he
argues for the other client.” This rule covers not only cases in which confidential
communications have been confided, but also those in which no confidence has
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been bestowed or will be used. Also, there is conflicting interests if the acceptance
of the new retainer will require the attorney to perform an act which will injuriously
affect his first client in any matter in which he represents him and also whether he
will be called upon in his new relation to use against his first client and knowledge
acquired through their connection. Another test of the inconsistency of interests
is whether the acceptance of a new relation will prevent an attorney from the full
discharge of his duty of undivided fidelity and loyalty to his client or invite
suspicion of unfaithfulness or double dealing in the performance thereof.
■ In the process of determining whether there is a conflict of interest, an important
criterion is PROBABILITY, not CERTAINTY of conflict.
Rule 15.02. A lawyer shall be bound by the rule on privileged communication in respect of matters
disclosed to him by a prospective client.
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● HOWEVER, information on crimes of frauds already committed falls
within the privilege and the lawyer cannot reveal or be compelled to reveal
the confidences of the client.
➢ Hadjula v. Madianda - A lawyer cannot be compelled to disclose the privileged communication
relayed to him by his client. The privileged applies even to a mere prospective client, whose case
has not been accepted by the lawyer.
Rule 15.03. A lawyer shall not represent conflicting interests except by written consent of all concerned
given after a full disclosure of the facts.
➢ Bautista v. Gonzales - The lawyer may appear against his own client only on condition that the
client has given his written consent thereto and after a full disclosure of the facts to him
➢ In re: De La Rosa - Without the consent from the client, it is highly reprehensible for a lawyer to
represent one client whose interests conflict or collide with the interest of another client.
Rule 15. 04. A lawyer may, with the written consent of all concerned, act as mediator, concilliator or
arbitrator in settling disputes.
Rule 15.05. A lawyer when advising his client, shall give a candid and honest opinion on the merits and
probable results of the client’s case, neither overstating nor understating the prospects of the case.
➢ Rollon v. Naraval - If they find that their client’s cause is defenseless, then it is their bounden duty
to advice the latter to acquiesce and submit, rather than to traverse the incontrovertible. The failure
of respondent to fulfill this basic undertaking constitutes a violation of his duty to observe candor,
fairness and loyalty in all his dealings and transactions with his clients.
Rule 15.06. A lawyer shall not state or imply that he is able to influence any public official, tribunal or
legislative body.
Rule 15.07. A lawyer shall impress upon his client compliance with the laws and principle of fairness.
➢ Radio Communications of the Philippines v. FCWF - The honor of the profession requires that
on matters of law, it is the client who should yield to the lawyer and not the other way around.
➢ Nestle Philippines v. Sanchez - It is the duty of the lawyer to properly appraise their clients on
matters of decorum and proper attitude toward courts of justice.
Rule 15. A lawyer who is engaged in another profession or occupation concurrently with the practice of
law shall make clear to his client whether he is acting as a lawyer or in another capacity.
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➢ To avoid breach of legal ethics, the lawyer should keep any business, in which he is engaged in
concurrently with the practice of law, entirely separate and apart from the latter. He must keep
paramount the protection of the legal profession even when he is engaged in another legitimate
profession.
➢ If he is engaged by a client, he must at the outset make it clear in what capacity he is acting so that
the demarcation line is immediately drawn for the guidance of the client.
Canon 16. A lawyer shall hold in trust all moneys and properties of his client that may come into his
possession.
Rule 16.01. A lawyer shall account for all money or property collected or received for or from the client.
➢ Aya v. Bigornia - the money collected by a lawyer in pursuance of a judgment in favor of his client
are held in trust for the client.
➢ Dhaliwal v. Dumaguing (J. Perlas-Bernabe) - Money entrusted to a lawyer for a specific purpose,
such as payment for the balance of the purchase price of a parcel of land as in the present case, but
not used for the purpose, should be immediately returned. A lawyer’s failure to return upon demand
the funds held by him on behalf of his client gives rise to the presumption that he has appropriated
the same for his own use in violation of the trust reposed in him by his client. Such act is a gross
violation of public morality as well as professional ethics. It impairs public confidence in the legal
profession and deserves punishment.
➢ Dizon v. De Taza - when a lawyer receives money from the client for a particular purpose, the
lawyer is bound to render an accounting to the client showing that the money was spent for that
particular purpose. And if he does not use the money for the intended purpose, the lawyer must
immediately return the money to his client.
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.
➢ Espiritu v. Cabredo IV - funds of the client cannot be commingled with funds of the counsel.
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.
➢ Dumadag v. Lumaya - A lawyer who obtained possession of the funds and properties belonging to
his client in the course of his professional employment shall deliver the same to his client when:
○ They become due; or
○ Upon demand.
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➢ In re: David - The lawyer’s failure to deliver upon demand gives rise to the presumption that he
has misappropriated the funds for his own use to the prejudice of the client and in violation of the
trust reposed in him.
➢ A lawyer shall have a lien over the client’s funds and may apply so much thereof to satisfy his
lawful fees and disbursements but must give prompt notice to his client for the latter’s advisement.
○ Charging liens - for the further protection of the lawyer, he shall also have a lien to the
extent of his attorney’s fees and legal disbursements on all judgments and executions he
had secured for his client. To enforce a charging lien, it is necessary that the lawyer shall
have caused a statement of such lien to be entered upon the records of the court which
rendered the favorable judgment with written notice to the client and to the adverse party.
■ Olave v. Canlas - If the charging lien had already been duly registered in the
records of the case, it survives the death of the client and therefore it need not be
enforced in the proceeding for the settlement of the client’s estate.
○ Matute v. Matute - When documents in the possession of a lawyer are the subject of
attorney’s lien, he cannot be compelled to surrender the same without prior proof that his
fees have been fully satisfied.
■ If the fees have not been paid, and there is a genuine need for the court to gain
possession of the documents, it must first require the claimant to file an adequate
security for the lawyer’s fees before it can require the surrender thereof.
Rule 16.04. A lawyer shall not borrow money from his client unless the client’s interests are fully
protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a
client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he
is handling for the client.
➢ Aguilar-Dyquiangco v. Arellano - In the instant case, there is no dispute that Respondent obtained
several loans from Complainant beginning in 2008 or two (2) years after they established a lawyer-
client relationship in 2006, and before they terminated the same in 2009, in violation of Rule 16.04
of the CPR. We have previously emphasized that it is unethical for a lawyer to obtain loans from
Complainant during the existence of a lawyer-client relationship between the,.
○ XPN: the lawyer is allowed to borrow money from his client provided the interests of the
client are fully protected by the nature of the case or by independent advice.
➢ Champertous contracts are void. If the lawyer spends for all legal expenses, his contract of legal
employment might become champertous, if his attorney’s fees will be payable in kind.
○ Champertous contract - 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.
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.
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➢ Rosacia v. Bulalacao - An attorney owes loyalty to his client not only in the case in which he has
represented him but also after the relation of attorney and client has terminated as it is not good
practice to permit him afterwards to defend in another case other person against his former client
under the pretext that the case is distinct from and independent of the former case.
Canon 18. A lawyer shall serve his client with competence and diligence.
➢ Diligence - the attention and care required of a person in a given situation and is the opposite of
negligence
○ People v. Mantawar - In the absence of any contrary evidence, a lawyer is presumed to be
prompt and diligent in the performance of his duties and to have employed his best efforts,
learning and ability in the protection of his client’s interests and in the discharge of his
duties as an officer of the court.
Rule. 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.
➢ Collaborating counsel - one who is subsequently engaged to assist a lawyer already handling a
particular case for a client
○ A lawyer cannot just take another counsel without the consent of the client
Rule. 18.02. A lawyer shall not handle any legal matter without adequate preparation.
➢ Adequate preparation - required of the lawyer in the handling of a case covers a wide dimension
un law practice. It includes among other virtues, sufficient knowledge of the law and jurisprudence,
ability in trial technique and high proficiency in the formulation of pleadings.
➢ Javellana v. Lutero - A counsel for any party in a judicial controversy, by mandate of the canons
of legal ethics, and with due regard for the elementary standards of fair play, is duty-bound to
prepare for trial with diligence and deliberate speed. The norm of conduct is applicable in a detainer
case even if the issues therein are essentially simple and uncomplicated.
Rule. 18.03. A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection
therewith shall render him liable.
➢ Pajarillo v. WCC - a license to practice law is a guarantee by the courts to the public that the
licensee possesses sufficient skill and knowledge to manage their causes.
➢ Solatan v. Inocentes - Partners and practitioners who hold supervisory capacities are legally
responsible to exert ordinary diligence in apprising themselves of the comings and goings of the
cases handled by the persons over which they are exercising supervisory authority and in exerting
necessary efforts to foreclose the occurrence of violations of the Code of Professional
Responsibility by persons under their charge.
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➢ Reontoy v. Ibadlit - a lawyer has no authority to wave his client’s right to appeal. His failure to
perfect an appeal within the prescribed period constitutes negligence and malpractice.
➢ Legarda v. CA - a lawyer should give adequate attention, care and time to his cases. This is the
reason why a practising lawyer should accept only so many cases he can handle. Once he agrees to
handle a case, he should undertake the task with dedication and care. If he should do any less, then
he is not true to his oath as a lawyer.
Rule. 18.04. A lawyer shall keep his client informed of the status of his case and shall respond within a
reasonable time to the client’s request for information.
➢ Alcala v. De Vera - the relationship of lawyer-client being one of confidence, there is ever present
the need for the client’s being adequately and fully informed and should not be left in the dark as
to the mode and manner in which his interests are being defended.
➢ Bernardo v. CA - the party-litigant should not rely totally on his counsel to litigate his case even
of the latter expressly assures that the former’s presence in court will no longer be needed. No
prudent party will leave the fate of his case entirely to his lawyer. Absence in one or two hearings
may be negligible but want of inquiry or update on the status of his case for several months is
inexcusable.
○ GCP-Manny v. Principe - The client is mandated to inquire from its counsel about the
status and progress of the case from time to time and cannot expect that all it has to do is
sit back, relax, and wait for the outcome of the case.
○ Villariasa-Rosenbeck v. Abarrientos - a lawyer who repeatedly fails to answer the
inquiries or communications of a client violates the rules of professional courtesy and
neglects the client’s interests.
Canon 19. A lawyer shall represent his client with zeal within the bounds of the law.
➢ Maglasang v. People - A lawyer’s duty is not to his client but to the administration of justice; to
that end, his client’s success is wholly subordinate; and his conduct ought to and must always be
scrupulously observant of law and ethics.
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 threatening to present unfounded criminal charges to
obtain an improper advantage in any case or proceeding.
➢ Lacsamana v. Dela Pena - The lawyer shall employ only honorable and honest means in the
maintenance of his client’s cause. The lawyer must not present and offer in evidence any document
which he knows is false.
➢ Negative pregnant is condemned because it is pregnant with alternative admission to allegations of
the complaint
○ Negative pregnant - a denial implying its affirmation opposite by seeming to deny only a
qualification of the allegation and not the allegation itself.
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○ Galofa v. Nee Bon Sing - a denial in the form of a negative pregnant is an ambiguous
pleading, since it cannot be ascertained whether it is the fact or only the qualification that
is intended to be denied.
➢ Blackmail - the extortion of money from a person by threats of accusation or exposure or
opposition in the public prints obtaining of value from a person as a condition of refraining from
making an accusation against him, or disclosing some secret calculated to operate to his prejudice.
Rule 19.02. A lawyer who has received information that his client has, in the course of the representation,
perpetuated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same,
and failing which he has to 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.
➢ Crespo v. Amurao - in matters of law, it is the client who yields to the lawyer and not the lawyer
yielding to the client. The lawyer must not acceded, but instead must resist his client’s unlawful
requests or instructions
➢ People v. Pagaro - even if a lawyer believes that the appeal of his client is frivolous, he cannot
move to dismiss the appeal without the consent of his client. His remedy is to withdraw from the
case.
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 services 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 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.
➢ Commencement of employment
○ Contracts for employment may either be oral or express
■ Oral - when the counsel is employed without a written agreement but the
conditions and amount of attorney’s fees are agreed upon
■ 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
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● Advantages:
○ Dela Rosa v. Roldan - An express valid contract stipulating for
the compensation which the attorney is to receive for his services
is generally held conclusive as to the amount of compensation
○ Aro v. Nanawa - In case of unjustified dismissal of an attorney,
he shall be entitled to recover from the client full compensation
stipulated in the contract
■ Implied - the contract is implied 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. There
is an implied promise to pay reasonable attorney’s fees on the principle that the
client shall not be allowed to enrich himself at the expense of the lawyer.
○ Once there is a meeting of the minds between the lawyer and client on the case or subject
to be handled and the consideration therefore, the lawyer is deemed employed even if no
acceptance fee is paid yet.
○ Rabanal v. Tugade - consultations which the lawyer permit with a view of obtaining
professional advice or assistance also creates a lawyer-client relationship.
○ Silva Vda. de Fajardo v. Bugaring - the proper time of fixing the attorney’s fees, which is
a delicate matter, is at the commencement of the lawyer-client relationship.
➢ Two concepts of attorney’s fees:
○ Ordinary - 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.
○ Extraordinary - 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 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.
➢ Orosco v. Hernaez - a lawyer who rendered services to a party who did not employ him nor
authorized his employment, cannot recover compensation even if his services redounded to the
benefit of such party.
○ HOWEVER, if there is quasi-contract, the lawyer must be paid reasonable attorney’s fees
based on quantum meruit.
■ 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.
○ Malonso v. Principe - while the practice of law is not a business venture, a lawyer
nevertheless is entitled to be duly compensated for professional services rendered.
○ Morton v. Forsee - if a lawyer employed on contingent basis dies or becomes disabled
➢ Cristobal v. Employees’ Compensation Commission - a pauper while exempted from payment of
legal fees is not exempted from payment of attorney’s fees.
Rule 20.02. A lawyer shall, in cases of referral, with the consent of the client, be entitled to a division of
fees in proportion to the work performed and responsibility assumed.
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➢ Underwood v. Overstreet - the GENERAL RULE is that when lawyers jointly represent a common
client for a given fee without any express agreement on how much each will receive, they will share
equally as they are considered special partners for a special purpose
○ BUT if there are specific contracts for the payment of the fees of each lawyer, the contracts
shall prevail unless found unconscionable.
○ Amalgamated Laborers Association v. CIR - when 2 or more lawyers representing
common clients have a professional breakup during the pendency of the case, their
attorney’s fees shall be shared in amounts to be determined by the court.
■ Attorney’s fees for legal services shared or divided to non-lawyers is prohibited.
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.
➢ The only exception whereby a lawyer may receive compensation from a person other than his client
is when the latter has full knowledge and approval thereof.
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.
➢ A lawyer should avoid the filing of any case against clients for the enforcement of his attorney’s
fees.
○ Except to prevent:
■ Imposition
■ Injustice
■ Fraud
➢ Perez v. Scottish Union and National Insurance - the prohibition will prevent the creation of the
impression that lawyers are mercenary.
➢ When proper, the lawyer can pursue judicial action to protect or collect attorney’s fees due to him.
He has 2 options:
○ Lichauco v. CA - He may enforce his attorney’s fees by filing an appropriate motion or
petition as an incident in the main action where he rendered legal services.
○ NWSA v. NWSA Consolidated Union - the lawyer may also enforce his attorney’s fees by
filing an independent separate action for collection of attorney’s fees.
Canon 21. A lawyer shall preserve the confidence and secrets of his client even after the attorney-
client relation is terminated.
➢ Hiltpold v. Stern - the mere establishment of a client-lawyer relationship does not raise a
presumption of confidentiality. There must be an intention that the communication relayed by the
client to the lawyer be treated as confidential.
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○ Uy Chico v. Union Life Assurance - When the attorney has faithfully carried out his
instructions by delivering the communication to the 3rd person for whom it was intended
and the latter acts upon it, it cannot, by any reasoning whatever, be classified in a legal
sense as a privileged communication between the attorney and his client.
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 association or by
judicial action
➢ Samala v. Valencia - The prohibition that the lawyer must preserve or keep the confidences or
secrets of his client even after the termination of their attorney-client relationship is strict because
the relationship is one of trust and confidence of the highest degree.
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 3rd person, unless the client
with full knowledge of the circumstances consents thereto.
➢ A lawyer who acquired information from a client in the course of his legal employment is prohibited
from making use of such information, whether it is privileged or not, to the: (a) disadvantage of his
client, (b) to the lawyer’s own advantage, or (c) to the advantage of a 3rd person.
○ XPN: if the client with full knowledge of the circumstances consents to the use thereof.
➢ Natan v. Capule - violation of this rule is a breach of trust subjected to disciplinary action.
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 similar purpose.
Rule 21.04. A lawyer may disclose the affairs of a client of the firm to partners or association thereof
unless prohibited by the client.
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 client.
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.
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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 cases:
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 his client;
D. When the mental and 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.
➢ Appearance - 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.
○ Kinds of appearances:
■ General appearance - the party comes to court either as plaintiff or defendant and
seeks general reliefs from the court for satisfaction of his claims or counterclaims
■ Special appearance - a defendant appears in court solely for the purpose of
objecting to the jurisdiction of the court over his person. The aim is simply the
dismissal of the case.
➢ Jose v. CA - A counsel who appears de parte in a case before a lower court shall be presumed to
continue representing his client on appeal, unless he files a formal petition withdrawing his
appearance in the appellate court.
➢ Mercado v. Ubay - an attorney is presumed to be properly authorized to represent any cause in
which he appears, and no written power of attorney is required to authorize him to appear in court
for his client. The fact that the private respondent did not personally appear in the hearing og the
case is immaterial. The filing of the answer by and appearance of the attorney in their behalf are
sufficient to give private respondents standing in court.
○ Land Bank of the Philippines v. Pamintuan Development - The new counsel who filed a
motion for reconsideration is presumed to be authorized even if he filed no formal notice
of entry of appearance.
➢ Grounds when the lawyer can withdraw from the case:
○ Client pursuing an illegal or immoral course of conduct
○ Client’s insistence that lawyer pursues acts violative of the canons and rules
○ Inability of lawyer to work with co-counsel
○ Mental and physical inability of counsel to handle case effectively
○ Client’s deliberate failure to pay attorney’s fees agreed upon
■ Montano v. IBP - the failure of the client to pay the lawyer’s fee must be deliberate
to justify the latter’s withdrawal from the case.
■ Cassel v. Gregori - an attorney is not justified in withdrawing from a case because
his client refused to consent to an increase in attorney’s fees.
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○ Election or appointment of lawyer to public office
○ Other similar cases
■ State v. Bersch - where the client conducts himself in a manner which tend to
degrade his attorney, the latter may withdraw from the case
■ Alton v. Ross - When it is apparent that he may be called as witness on substantial
matters
■ Tenny v. Berger - When the client attempts to support his case with subornation
of witnesses
■ Ventura v. Santos - When the client refuses to extend cooperation
■ Rep v. CFI - When client stops having contact with him who thereby is left without
the usual means which are indispensable in the proper defense of his client’s cause.
■ People v. Casimiro - when he is disauthorized to file a brief by client’s parents.
➢ A contract of legal services being personal, it terminates upon the death of the lawyer
○ XPN: if the lawyer is a member of a law firm, which firm appears as counsel for the client,
the death of the attending attorney will not terminate the relationship
➢ Dissolution of a law firm does not terminate the relation and obligation of the partners to the clients
who have previously engaged the partnership to represent them.
➢ Rinconada Telephone Company v. Buenviaje - The right of a client to terminate the authority of
his counsel includes the right to make a change or substitution at any stage of the proceedings. To
be valid, any such change or substitution must be made:
○ Upon written application
○ With written consent of the client
○ Upon written consent of the attorney to be substituted
○ In case the consent of the attorney to be substituted cannot be obtained, there must be at
least a proof of notice that the motion for substitution has been served upon him in the
manner prescribed by the rules.
➢ Tumbangahan v. CA - The attorney-client relation does not terminate formally until there is a
withdrawal made of record. Unless properly relieved, the counsel is responsible for the conduct of
the case.
➢ The attorney-client relationship is terminated by any of the following causes:
○ 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 and one of agency
○ Discharge of 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 which prohibits private
practice of law
○ Full termination of the case or cases
○ 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, otr to control the subject matter of the action
○ Declaration of the presumptive death of the lawyer
○ Conviction for a crime and imprisonment of the lawyer for quite sometime
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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 cooperate with his successor in the
orderly transfer of the matter, including all information necessary for the proper handling of the matter.
➢ Rule 22.02 applies only to retaining lien. It cannot apply to a charging lien which arises only after
counsel shall have secured a favorable money judgment for the client.
Nature Passive lien, it cannot be actively enforced. Active lien, it can be enforced by execution.
It is a general lien It is a special lien
➢ Dauz v. Fontanosa - The refusal of the respondent lawyer to return documents or receipts that had
come into his possession may not be the proper conduct, but is held to be not devoid of justification
where the respondent believed he was entitled to retain them unless his fees agreed upon un writing
be paid first.
b) Attorney’s fees
(1) Acceptance fees
(2) Contingency fee arrangements
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(3) Attorney’s liens
(4) Fees and controversies with clients
(5) Quantum meruit
➢ Characteristics - a disbarment proceeding is a class by itself, it is sui generis and has the following
characteristics:
○ In re: Montagne and Dominguez - It is neither a civil or a criminal proceeding
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■ De Jesus-Paras v. Vailoces - Double jeopardy cannot be availed of in a disbarment
proceeding. Disbarment does not partake of a criminal proceeding
○ It can be initiated motu proprio by the Supreme Court or by the IBP. It can be initiated
without a complaint
○ Go v. Candoy - it can proceed regardless of interest or lack of interest of the complainants,
if the facts proven so warrant
○ Calo v. Degamo - It is imprescriptible. Unlike ordinary proceedings, it is not subject to the
defense of prescription. The ordinary statutes of limitations have no application to
disbarment proceedings.
○ In re: Montagne and Dominguez - it is itself due process
○ Esquivias v. CA - whatever has been decided in a disbarment case cannot be a source of
right that may be enforced in another action, like action for reconveyance and damages
○ Disciplinary proceedings against a lawyer are private and confidential until its final
determination. The confidential nature of the proceedings has a 3-fold purpose:
■ To enable the court and the investigator to make the investigation free from any
extraneous influence or interference
■ To protect the personal and professional reputation of attorneys from baseless
charges of disgruntled, vindictive and irresponsible persons or clients by
prohibiting the publication of such charges pending their resolution; and
■ To deter the press for publishing the charges or proceedings based thereon.
○ Morfel v. Aspiras - In pari delicto rule is not applicable.
➢ The power to suspend or disbar a lawyer is judicial in nature and can be exercised only by the
courts.
➢ Anacta v. Resurreccion - The purpose of disbarment is to protect the courts and the public from
the misconduct of the officers of the court and to ensure the administration of justice by requiring
that those who exercise this important function shall be competent, honorable and trustworthy men
in whom courts and clients may repose confidence. The object of a disbarment proceeding is not
so much to punish the individual attorney himself, as to safeguard the administration of justice by
proceeding the court and the public from the misconduct of officers of the court, and to remove
from the profession of law persons whose disregard for their oath of office has proved them unfit
to continue discharging the trust respect in them as members of the bar.
➢ Suspension - the temporary holding of the lawyer’s privilege to practice his profession for a certain
period, or for an indefinite period of time
○ Zaldivar v. Sandiganbayan - indefinite suspension gives the lawyer the key to the
restoration of his right by giving him a chance to purge himself in his own good time of
his contempt or misconduct by acknowledging his misconduct, exhibiting appropriate
repentance, and demonstrating his willingness and capacity to live up to the exacting
standards required of every lawyer.
➢ Disbarment - it is the act of the Philippine Supreme Court in withdrawing from an attorney the
privilege to practice law. The name of the lawyer is stricken out from the Roll of Attorneys. And
he does not have the right to put his name even the prefix “Atty.” Neither can he sign pleadings
even if he does not personally appear in court.
2. Grounds
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Rule 138, Section 27. Disbarment or suspension of attorneys by Supreme Court; grounds therefor.
A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court
for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he
is required to take before admission to practice, or for a lawful disobedience of any lawful order of a
superior court, or for corruptly or willfully appearing as an attorney for a party to a case without
authority to do so, The practice of soliciting cases at law for the purpose of gain, either personally or
through paid agents or brokers, constitutes malpractice.
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be a loyal citizen, a law-abiding person, a defender of truth and justice, an advocate
of the rule of law, an exemplar of loyalty and fidelity to the courts and to clients
and a model to emulate both in his professional and private life.
○ Wilful disobedience of any lawful order or a superior court
○ Corrupt or wilful appearance as an attorney for a party to case without authority to do so
➢ In Re: Suspension from the practice of law in the territory of guam of Atty. Leon G. Maquera -
If the Filipino lawyer is disbarred or suspended from the practice of law by a competent court or
disciplinatory agency in a foreign jurisdiction where he has been admitted as an attorney, and the
ground therefore includes any of the acts enumerated in Section 27, Rule 138 of the Rules of Court,
such disbarment or suspension is a ground for his disbarment or suspension in the Philippines.
➢ A disbarment proceeding is an investigation conducted by the Supreme Court, by the IBP or other
authorized body to determine the fitness of a lawyer to remain in the Roll of Attorneys. The lawyer
as respondent is accorded due process of law and the ultimate authority to decide the matter of
disbarment of the respondent lawyer rests in the Supreme Court alone. THe IBP investigates
through its Commission on Bar Discipline.
➢ Lim v. Antonio - Considering the serious consequences of disbarment or suspension, it has been
consistently held that clearly preponderant evidence is required to justify the imposition of either
penalty.
○ NOTE HOWEVER IN THE CASE OF Office of the Court Administrator v. Judge
Aquino (AM No. RTJ-15-2413, 25 September 2018), the SC ruled, to wit:
■ In administrative proceedings, the quantum of proof required to establish a
respondent's malfeasance is not proof beyond reasonable doubt but substantial
evidence, i.e., that amount of relevant evidence that a reasonable mind might
accept as adequate to support a conclusion x x x.
➢ Umaguing v. Atty De Vera (J. Perlas-Bernabe) - A case for suspension or disbarment may proceed
regardless of interest or lack of interest of the complainant. What matters is whether, on the basis
of the facts borne out by the record, the charge of deceit and grossly immoral conduct has been
proven. This rule is premised on the nature of disciplinary proceedings. A proceeding for
suspension or disbarment is not a civil action where the complainant is a plaintiff and the respondent
lawyer is a defendant. Disciplinary proceedings involve no private interest and afford no redress
for private grievance. They are undertaken and prosecuted solely for the public welfare. They are
undertaken for the purpose of preserving courts of justice from the official administration of
persons unfit to practice in them. The attorney is called to answer to the court for his conduct as an
officer of the court. The complainant or the person who called the attention of the court to the
attorney’s alleged misconduct is in no sense a party, and has generally no interest in the outcome
except as all good citizens may have in the proper administration of justice.
➢ Authorized officers:
○ The only officers authorized to investigate cases of disbarment are the:
■ Supreme Court
■ IBP through its Commission on Bar Discipline or authorized investigators and
■ Office of the Solicitor General
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○The CA and RTC can investigate and take action only against lawyers who appear for
litigants in cases pending before them. Moreover, they may only suspend (but not dusbar)
an attorney from the practice of law.
○ Cadalin v. POEA - a complaint for disbarment may be filed directly in the SC, the IBP
National Office or in any of the IBP Chapter Offices.
➢ Procedure:
○ Rule 139-B, Section 1. How Instituted.-- Proceedings for the disbarment, suspension or
discipline of attorneys may be taken by the Supreme Court moto proprio, or by the
Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The
complaint shall state clearly and concisely the facts complained of and shall be supported
by affidavits of persons having personal knowledge of the facts therein alleged and/or by
such documents as may substantiate said facts.
The IBP Board of Governors may, motu proprio or upon referral by the Supreme
Court or by a Chapter Board of Officers, or at the instance of any person, initiate and
prosecute proper charges against erring attorneys including those in the government
service.
Six (6) copies of the verified complaint shall be filed with the Secretary of any of
its chapters who shall forthwith transmit the same to the IBP Board of Governors for
assignment to an investigator.
➢ In re: petition to re-acquire the privilege to practice law in the Philippines, Epifanio Muneses -
The practice of law is a privilege burdened with conditions. It is so delicately affected with public
interest that it is both the power and duty of the State to control and regulate it in order to protect
and promote the public welfare. Adherence to rigid standards of mental fitness, maintenance of the
highest degree of morality, faithful observance of the legal profession, compliance with the
mandatory continuing legal education requirement and payment of membership fees to the IBP are
the conditions required for membership in good standing in the bar and for enjoying the privilege
to practice law. Any breach by a lawyer of any of these conditions make him unworthy of the trust
and confidence which the courts and clients repose in him for the continued exercise of his
professional privilege. Thus, 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 filing documents in relation to his petition:
○ Petition for re-acquisition of Philippine citizenship
○ Order (for re-acquisition of Philippine citizenship)
○ Oath of allegiance to the Republic of the Philippines
○ Identification Certificate issued by the Bureau of Immigration
○ Certification from the IBP indicating updated payment of annual membership dues
○ Proof of payment of professional tax; and
○ Certification of compliance issued by the MCLE Office
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➢ Artiaga Jr. v. Villanueva - The suspension of a lawyer from the practice of law, specially, when
the suspension is indefinite requires strong proofs of rehabilitation
➢ Reinstatement - restoration to a disbarred lawyer, the privilege to practice law. It is nothing more
than readmission to membership in the Bar.
○ Bernardo v. Mejia - supreme court alone has the authority to reinstate
➢ In re: Rusiana - The sole object of the Court upon an application for reinstatement to practice, by
one previously disbarred, is to determine whether or not the applicant has satisfied and convinced
the Court by positive evidence that the effort he has made toward the rehabilitation of his character
has been successful, and, therefore, he is entitled to be re-admitted to a profession which is
intrinsically an office of trust
○ Prudential Bank v. Grecia - the criterion for reinstatement has been stated as follows:
Whether or not the applicant shall be reinstated rests to a great extent in the sound discretion
of the Court.
○ Specific criteria:
■ Appreciation of the significance of his dereliction
■ Assurance to the court that he now possesses the requisite probity and integrity
necessary to guarantee his worthiness to be restored to the practice of law
■ Time elapsed between disbarment and application for reinstatement
■ Good conduct and honorable dealing subsequent to his disbarment
■ Active involvement in civic, educational and religious organizations
■ Favorable indorsement of IBP as well as local government officials and citizens of
his community; and
■ Pleas of his mother and wife for the sake and fortune of his family
➢ In re: Quinciano Vailoces - to be reinstated, there is still a need for the filing of an appropriate
petition with the Supreme Court despite receiving pardon from the President.
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2. Compliance
➢ Arnado v. Adaza - Members of the IBP, unless exempted, shall compete every 3 years at least 36
hours of continuing legal education activities.
3. Exemptions
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4. Sanctions
Rule III, Section 1. Qualifications. - A notarial commission may be issued by an Executive Judge to any
qualified person who submits a petition in accordance with these Rules. C2RMN
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.
Rule III, Section. 11. Jurisdiction and Term. - 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.
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3. Powers and limitations
(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an
instrument or document presented for notarization if:
1. the thumb or other mark is affixed in the presence of the notary public and of two (2)
disinterested and unaffected witnesses to the instrument or document;
2. both witnesses sign their own names in addition to the thumb or other mark;
3. the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by
(name of signatory by mark) in the presence of (names and addresses of witnesses) and
undersigned notary public"; and
4. the notary public notarizes the signature by thumb or other mark through an acknowledgment,
jurat, or signature witnessing.
(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make
a mark on an instrument or document if:
1. the notary public is directed by the person unable to sign or make a mark to sign on his behalf;
2. the signature of the notary public is affixed in the presence of two disinterested and unaffected
witnesses to the instrument or document;
3. both witnesses sign their own names ;
4. the notary public writes below his signature: “Signature affixed by notary in presence of
(names and addresses of person and two [2] witnesses)”; and
5. the notary public notarizes his signature by acknowledgment or jurat.
Section. 2. Prohibitions. -
(a) 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: chan robles
virtual law library
1. public offices, convention halls, and similar places where oaths of office may be administered;
2. public function areas in hotels and similar places for the signing of instruments or documents
requiring notarization;
3. hospitals and other medical institutions where a party to an instrument or document is confined
for treatment; and
4. any place where a party to an instrument or document requiring notarization is under
detention.
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or
document -
1. is not in the notary's presence personally at the time of the notarization; and
2. is not personally known to the notary public or otherwise identified by the notary public
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Section. 3. Disqualifications. -
A notary public is disqualified from performing a notarial act if he: PRS
A. is a party to the instrument or document that is to be notarized;
B. 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
C. is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity
of the principal within the fourth civil degree.
➢ Dela Cruz v. Atty. Dimaano Jr. - Notarization converts the private document to a public instrument,
making it admissible in evidence without the necessity of preliminary proof of its authenticity and
due execution
➢ Powers:
○ Acknowledgments - act of an individual on a single occasion which:
■ Appears in person before the notary public
■ Is attested to be personally known to the notary public through competent evidence
of identity
■ Represents to the notary public that:
● Signature was voluntarily affixed for the purpose stated in the instrument
● Declares that the instrument was executed as a free and voluntary act.
○ Oaths and affirmations - act of an individual on a single occasion which:
■ Appears before a notary public
■ Is personally known by the notary public or identified through a competent
evidence of identity
■ Avows under penalty of law to the whole truth of the contents of the instrument
○ Jurat - act of an individual on a single occasion which:
■ Appears before a notary public
■ Presents an instrument or a document
■ Is personally known by the notary public or identified through a competent
evidence of identity
■ Signs the instrument or document before the notary public; and
■ Takes an oath or affirmation before the notary public as to the instrument or doc.
Acknowledgment Jurat
Act of one who has executed a deed , in going to Part of an affidavit which the notary public or
some competent officer or court and declaring it to officer certifies that the instrument was sworn to
be his act or deed. before him.
The notary public or officer taking the It is not part of the pleading but merely evidences
acknowledgment shall certify that the person the fact that the affidavit was properly made.
acknowledging the instrument or document is
known to him and he is the same person who
executed it and acknowledged that the same is his
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Two-fold purpose: to authorize the deed to be given The purpose is to give the document a legal
in evidence without further proof of its execution character.
and to entitle it to be recorded.
○
Signature witnessing - act of an individual on a single occasion which:
■ Appears before a notary public
■ Presents an instrument or a document
■ Is personally known by the notary public or identified through a competent
evidence of identity; and
■ Signs the instrument or document before the notary public
○ Copy certification - refers to a notarial act which a notary public:
■ Is presented with an instrument or document that is neither a vital record, a public
record, nor publicly recordable
■ Copies or supervises the copying of the instrument or document
■ Compares the instrument or document with the copy; and
■ Determines that the copy is accurate and complete
○ Any other act authorized by these Rules
➢ LIMITATIONS:
○ A notary public shall not:
■ Execute a certificate containing information known or believed to be false
■ Affix an official signature or seal on a notarial certificate that is incomplete
○ A notary public shall not perform a notarial act if:
■ the person involved as signatory is:
● Not the affiant (Heirs of Villanueva v. Beradio)
● Not personally known to the notary public or no competent evidence of
identity is presented (Gonzaels v. Padiernos)
■ He knows or has good reason to believe that the transaction is unlawful or immoral
■ The signatory shows demeanor which engenders reasonable doubt as a
consequences of the transaction
■ The signatory is not acting on his own free will
○ A notary public is disqualified from performing notarial acts if he:
■ Is a party to the document or instrument to be notarized
■ Will receive as a direct or indirect result any advantage, right, title, interest, cash,
property, or other consideration
■ Is a spouse, common law partner, ancestor, descendant or relative by affinity or
consanguinity of the principal within the 4th civil degree
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4. Notarial Register
The register shall be kept in books to be furnished by the Solicitor General to any notary public upon
request and upon payment of the cost thereof. The register shall be duly paged, and on the first page, the
Solicitor General shall certify the number of pages of which the book consists.
For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by
the Office of the Solicitor General and the Office of the Court Administrator.
(b) A notary public shall keep only one active notarial register at any given time.
➢ A notary public shall keep, maintain, protect, and provide for lawful inspection a chronological
official notarial register of notarial acts consisting of a permanently bound book with numbered
pages
○ Father Aquino v. Atty. Pascua - failure of the notary public to make proper entries in the
notarial register touching his notarial acts in the manner required by law is a ground for
revocation of his commission.
Section. 11. Jurisdiction and Term. - 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.
➢ A notary public may perform notarial acts in any place within the territorial jurisdiction of the
commissioning court.
➢ Regular place of work or business - stationary office in the city or province wherein the notary
public renders legal and notarial service
○ As a GENERAL RULE, a notary public shall not perform a notarial act outside his
jurisdiction and his regular place of work or business
■ As an XPN, a notarial act may be performed at the request of the parties in the
following sites , other than his regular place of work or business, 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 signing of
instruments or documents requiring notarization
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● Hospitals and other medical institutions where a party to an instrument or
document is confined for treatment
● Any place where a party to an instrument or document requiring
notarization is under detention
● Such other places as may be dictated because of emergency
Rule II, Section. 12. Competent Evidence of Identity. - The phrase “competent evidence of identity” refers
to the identification of an individual based on:
A. At least one current identification document issued by an official agency bearing the photograph
and signature of the individual; or
B. The oath or affirmation of one credible witness not privy to the instrument, document or
transaction who is personally known to the notary public and who personally knows the
individual, or of two credible witnesses neither of whom is privy to the instrument, document or
transaction who each personally knows the individual and shows to the notary public
documentary identification.
7. Sanctions
(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative
sanctions upon, any notary public who: KMASR
1. Fails to keep a notarial register;
2. Fails to make the proper entry or entries in his notarial register concerning his notarial acts;
3. Fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the
month following;
4. Fails to affix to acknowledgments the date of expiration of his commission;
5. Fails to submit his notarial register, when filled, to the Executive Judge;
6. Fails to make his report, within a reasonable time, to the Executive Judge concerning the
performance of his duties, as may be required by the judge;
7. Fails to require the presence of a principal at the time of the notarial act;
8. Fails to identify a principal on the basis of personal knowledge or competent evidence;
9. Executes a false or incomplete certificate under Section 5, Rule IV;
10. (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules;
and
11. (11) commits any other dereliction or act which in the judgment of the Executive Judge
constitutes good cause for revocation of commission or imposition of administrative sanction.
(c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be
required to file a verified answer to the complaint. If the answer of the notary public is not satisfactory,
the Executive Judge shall conduct a summary hearing. If the allegations of the complaint are not proven,
the complaint shall be dismissed. If the charges are duly established, the Executive Judge shall impose
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the appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to
the Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be
immediately executory, unless otherwise ordered by the Supreme Court.
(d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public,
subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative
sanctions on the grounds mentioned in the preceding paragraphs (a) and (b).
➢ In re: Violation of Rules on Notarial Practice - Notarization is not an empty, meaningless and
routine act. It is invested with substantive public interest that only those who are qualified or
authorized may act as notaries public. It must be emphasized that the act of notarization by a notary
public converts a private document into a public document making that document admissible in
evidence without further proof of authenticity. A notarial document is by law entitled to full faith
and credit upon its face, and for this reason, notaries public must observe with utmost care the basic
requirements in the performance of their duties
➢ Gonzales v. Cabucana Jr. - As a notary public, a lawyer should not notarize a document unless the
person who signs it is the same person executing it and personally appearing before him to attest to
the truth of its contents. This is to enable him to verify the genuineness of the signature of the
acknowledging party and to ascertain that the document is the party’s free and voluntary act and
deed.
➢ The New Code of Judicial Conduct (Bangalore Draft) supersedes the Canons of Judicial Ethics and
the Code of Judicial Conduct, but the latter may still apply in a suppletory character in case of
deficiency or absence of provisions in the New Code.
CANON 1 - INDEPENDENCE
Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A
judge shall therefore uphold and exemplify judicial independence in both its individual and institutional
aspects.
SECTION 1. 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.
SEC. 2. In performing judicial duties, judges shall be independent from judicial colleagues in respect of
decisions which the judge is obliged to make independently.
SEC. 3. Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending
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SEC. 4. Judges shall not allow family, social, or other relationships to influence judicial conduct or
judgment. The prestige of judicial office shall not be used or lent to advance the private interests of
others, nor convey or permit others to convey the impression that they are in a special position to
influence the judge.
SEC. 5. Judges shall not only be free from inappropriate connections with, and influence by, the executive
and legislative branches of government, but must also appear to be free therefrom to a reasonable
observer.
SEC. 6. Judges shall be independent in relation to society in general and in relation to the particular
parties to a dispute which he or she has to adjudicate.
SEC. 7. Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to
maintain and enhance the institutional and operational independence of the judiciary.
SEC. 8. Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public
confidence in the judiciary, which is fundamental to the maintenance of judicial independence.
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CANON 2 - INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office but also to the personal
demeanor of judges.
SECTION 1. Judges shall ensure that not only is their conduct above reproach, but that it is perceived
to be so in the view of a reasonable observer.
SEC. 2. The behavior and conduct of judges must reaffirm the people’s faith in the integrity of the
judiciary. Justice must not merely be done but must also be seen to be done.
SEC. 3. Judges should take or initiate appropriate disciplinary measures against lawyers or court
personnel for unprofessional conduct of which the judge may have become aware.
➢ In re: Complaint of Mrs. Marcos against Judge Marcos - The conduct of the judge must be free
of a whiff of impropriety not only with respect to his performance of judicial duties, but also to his
behavior outside his sala and as a private individual. There is no dichotomy of morality: a public
official is also judged by his private morals.
➢ Sibayan-Joaquin v. Javellana - A judge has the duty not only to render a just and impartial
decision, but also to render it in such a manner as to be free from any suspicion as to its fairness
and impartiality, and also to the judge’s integrity.
CANON 3 - IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision
itself but also to the process by which the decision is made.
SECTION 1. Judges shall perform their judicial duties without favor, bias or prejudice.
SEC. 2. Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances the
confidence of the public, the legal profession and litigants in the impartiality of the judge and of the
judiciary.
SEC. 3. Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on
which it will be necessary for them to be disqualified from hearing or deciding cases.
SEC. 4. Judges shall not knowingly, while a proceeding is before or could come before them, make any
comment that might reasonably be expected to affect the outcome of such proceeding or impair the
manifest fairness of the process. Nor shall judges make any comment in public or otherwise that might
affect the fair trial of any person or issue.
SEC. 5. Judges shall disqualify themselves from participating in any proceedings in which they are
unable to decide the matter impartially or in which it may appear to a reasonable observer that they are
unable to decide the matter impartially. Such proceedings include, but are not limited to, instances
where:
A. The judge has actual bias or prejudice concerning a party or personal knowledge of disputed
evidentiary facts concerning the proceedings;
B. The judge previously served as a lawyer or was a material witness in the matter in controversy;
C. The judge, or a member of his or her family, has an economic interest in the outcome of the
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matter in controversy;
D. The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter 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;
E. The judge’s ruling in a lower court is the subject of review;
F. The judge is related by consanguinity or affinity to a party litigant within the sixth civil degree
or to counsel within the fourth civil degree; or
G. 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;
SEC. 6. A judge disqualified as stated above may, instead of withdrawing from the proceeding, disclose
on the records the basis of disqualification. If, based on such disclosure, the parties and lawyers,
independently of the judge’s participation, all agree in writing that the reason for the inhibition is
immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement, signed by
all parties and lawyers, shall be incorporated in the record of the proceedings.
➢ Ty v. Banco Filipino Savings - There is undue interference where the judge’s participation in the
conduct of the trial tends to build or to bolster a case of one of the parties such as when he orders
the presentation of specific documentary evidence without motion from any party or without
participation of the parties.
➢ Montemayor v. Bemejo - A judge should behave at all times in a way that promotes public
confidence in the integrity and impartiality of the judiciary. The appearance of bias or prejudice
can be as damaging to public confidence and the administration of justice as actual bias or
prejudice.
CANON 4 - PROPRIETY
Propriety and the appearance of propriety are essential to the performance of all the activities of a judge.
SECTION 1. Judges shall avoid impropriety and the appearance of impropriety in all of their activities.
SEC. 2. As a subject of constant public scrutiny, judges must accept personal restrictions that might be
viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges
shall conduct themselves in a way that is consistent with the dignity of the judicial office.
SEC. 3. Judges shall, in their personal relations with individual members of the legal profession who
practice regularly in their court, avoid situations which might reasonably give rise to the suspicion or
appearance of favoritism or partiality.
SEC. 4. Judges shall not participate in the determination of a case in which any member of their family
represents a litigant or is associated in any manner with the case.
SEC. 5. Judges shall not allow the use of their residence by a member of the legal profession to receive
clients of the latter or of other members of the legal profession.
SEC. 6. Judges, like any other citizen, are entitled to freedom of expression, belief, association and
assembly, but in exercising such rights, they shall always conduct themselves in such a manner as to
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preserve the dignity of the judicial office and the impartiality and independence of the judiciary.
SEC. 7. Judges shall inform themselves about their personal fiduciary and financial interests and shall
make reasonable efforts to be informed about the financial interests of members of their family.
SEC. 8. Judges shall not use or lend the prestige of the judicial office to advance their private interests,
or those of a member of their family or of anyone else, nor shall they convey or permit others to convey
the impression that anyone is in a special position improperly to influence them in the performance of
judicial duties.
SEC. 9. Confidential information acquired by judges in their judicial capacity shall not be used or
disclosed for any other purpose related to their judicial duties.
SEC. 10. Subject to the proper performance of judicial duties, judges may:
A. Write, lecture, teach and participate in activities concerning the law, the legal system, the
administration of justice or related matters;
B. Appear at a public hearing before an official body concerned with matters relating to the law,
the legal system, the administration of justice or related matters;
C. Engage in other activities if such activities do not detract from the dignity of the judicial office
or otherwise interfere with the performance of judicial duties.
SEC. 11. Judges shall not practice law whilst the holder of judicial office.
SEC. 12. Judges may form or join associations of judges or participate in other organizations
representing the interests of judges.
SEC. 13. Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan
or favor in relation to anything done or to be done or omitted to be done by him or her in connection
with the performance of judicial duties.
SEC. 14. Judges shall not knowingly permit court staff or others subject to their influence, direction or
authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done or to be done
or omitted to be done in connection with their duties or functions.
SEC. 15. Subject to law and to any legal requirements of public disclosure, judges may receive a token
gift, award or benefit as appropriate to the occasion on which it is made, provided that such gift, award
or benefit might not reasonably be perceived as intended to influence the judge in the performance of
judicial duties or otherwise give rise to an appearance of partiality.
➢ In re: Anonymous Complaint Against Acuna - A judge’s personal behavior, not only while in the
performance of official duties, must be beyond reproach, being the visible personification of law
and of justice.
➢ Martinez v. Gironella - Judges should refrain from inviting counsel for one side into their chambers
after or prior to sessions in court without disclosing to the other counsel the reason for such meeting.
➢ A judge many not use judicial office to advance private interests. He may not also give the
impression that he can be influenced to use the judicial office to advance the private interest of
others.
➢ Practice of profession: Notarial work
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○GENERAL RULE: municipal judges may not engage in notarial work
○XPN: they may do so as notaries public ex-officio, in which case, they may only notarize
documents in connection with the exercise of their official functions
○ XPN to the XPN: in far-flung municipalities which have neither lawyers nor notaries
public, municipal judges assigned to those municipalities or circuits may, in their capacity
as notaries public ex-officio, perform any act within the competence of a regular notary
public, provided:
■ All notarial fees charged be for the accounting of the Government and turned over
to the municipal treasurer; and
■ A certification be made in the notarized documents attesting to the lack of any
lawyer or notary public in such municipality or circuit.
➢ Receiving tokens:
○ GENERAL RULE: Judges and members of their family are prohibited from accepting
any token, gift, award or benefit.
○ XPN: Subject to legal requirements like public disclosure, they may accept gifts provided
that it might not reasonably be perceived as intended to influence a judge
CANON 5 - EQUALITY
Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial
office.
SECTION 1. Judges shall be aware of, and understand, diversity in society and differences arising from
various sources, including but not limited to race, color, sex, religion, national origin, caste, disability,
age, marital status, sexual orientation, social and economic status and other like causes.
SEC. 2. Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or
prejudice towards any person or group on irrelevant grounds.
SEC. 3. Judges shall carry out judicial duties with appropriate consideration for all persons, such as the
parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant
ground, immaterial to the proper performance of such duties.
SEC. 4. Judges shall not knowingly permit court staff or others subject to his or her influence, direction
or control to differentiate between persons concerned, in a matter before the judge, on any irrelevant
ground.
SEC. 5. Judges shall require lawyers in proceedings before the court to refrain from manifesting, by
words or conduct, bias or prejudice based on irrelevant grounds, except such as are legally relevant to
an issue in proceedings and may be the subject of legitimate advocacy.
➢ As guardians of justice, courts must adhere to the principle of equity. People expect the courts to
be unaffected by differences in social status, degree of education, and even physical abilities.
➢ To render substantial justice and maintain public confidence in the judicial system, judges are
expected to be aware of the diversity in society that results from an increased worldwide exchange
of people and ideas. Judges must be able to avoid the infiltration of preconceptions into their
decisions. They should be mindful of the various international instruments and treaties ratified by
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the Philippines, which affirm the equality of all human beings and establish a norm of non-
discrimination without distinction as to race, sex, language or religion.
SECTION 1. The judicial duties of a judge take precedence over all other activities.
SEC. 2. Judges shall devote their professional activity to judicial duties, which include not only the
performance of judicial functions and responsibilities in court and the making of decisions, but also other
tasks relevant to the judicial office or the court’s operations.
SEC. 3. Judges shall take reasonable steps to maintain and enhance their knowledge, skills and personal
qualities necessary for the proper performance of judicial duties, taking advantage for this purpose of
the training and other facilities which should be made available, under judicial control, to judges.
SEC. 4. Judges shall keep themselves informed about relevant developments of international law,
including international conventions and other instruments establishing human rights norms.
SEC. 5. Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently,
fairly and with reasonable promptness.
SEC. 6. Judges shall maintain order and decorum in all proceedings before the court and be patient,
dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the judge deals
in an official capacity. Judges shall require similar conduct of legal representatives, court staff and
others subject to their influence, direction or control.
SEC. 7. Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.
➢ Longboan v. Polig - There is no justification for missing records, except fortuitous events. The loss
of records is indicative of gross misconduct and inexcusable negligence unbecoming of a judge.
➢ When a judge accepts his position, he owes it to the dignity of the court, to the legal profession,
and to the public, to know the very law he is supposed to apply to a given controversy. Even in the
remaining years of his stay in the judiciary he should keep abreast with the charges in the law and
with the latest decisions and precedents.
➢ Dulay v. Judge Regencia - Prompt decision of cases is attained basically through the efficiency
and dedication to duty of judges. In a case, the civil case was already submitted for resolution.
Being an ejectment case, it is governed by the Rules of Summary Procedure which clearly sets a
period of 30 days from the submission of the last affidavit or position paper within which a decision
must be issued. Despite this, Judge Regencia rendered judgment only more than 2 years later. While
rules prescribing the time within which certain acts must be done, should be regarded as mandatory,
the Court has nevertheless been mindful of the plight of judges and has been understanding of
circumstances that may hinder them from promptly disposing of their businesses and as such, has
allowed extensions of time due to justifiable reasons. However, Judge Regencia failed to proffer
any acceptable reason in delaying the disposition of the ejectment case, thus, making her
administratively liable for undue delay in rendering a decision.
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2. Code of Judicial Conduct
➢ The New Code of Judicial Conduct (Bangalore Draft) supersedes the Canons of Judicial Ethics and
the Code of Judicial Conduct, but the latter may still apply in a suppletory character in case of
deficiency or absence of provisions in the New Code.
CANON 1
A JUDGE SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY
RULE 1.01 - A judge should be the embodiment of competence, integrity and independence.
RULE 1.02 - A judge should administer justice impartially and without delay.
RULE 1.03. - A judge should be vigilant against any attempt to subvert the independence of the judiciary
and should forthwith resist any pressure from whatever source intended to influence the performance of
official functions.
CANON 2
A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL
ACTIVITIES
RULE 2.01 - A judge should so behave at all times as to promote public confidence in the integrity and
impartiality of the judiciary.
RULE 2.02 - A judge should not seek publicity for personal vainglory.
RULE 2.03 - A judge shall not allow family, social, or other relationships to influence judicial conduct
or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of
others, nor convey or permit others to convey the impression that they are in a special position to
influence the judge.
RULE 2.04 - A judge should refrain from influencing in any manner the outcome of litigation or dispute
pending before another court or administrative agency.
CANON 3
A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY, AND WITH IMPARTIALITY AND
DILIGENCE
ADJUDICATIVE RESPONSIBILITIES
RULE 3.01 - A judge shall be faithful to the law and maintain professional competence.
RULE 3.02 - In every case, a judge shall endeavor diligently to ascertain the facts and the applicable
law unswayed by partisan interests, public opinion or fear of criticism.
RULE 3.03 - A judge shall maintain order and proper decorum in the court.
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RULE 3.04 - A judge should be patient, attentive, and courteous to lawyers, especially the inexperienced,
to litigants, witnesses, and others appearing before the court. A judge should avoid unconsciously falling
into the attitude of mind that the litigants are made for the courts, instead of the courts for the litigants.
RULE 3.05 - A judge shall dispose of the court's business promptly and decide cases within the required
periods.
RULE 3.06 - While a judge may, to promote justice, prevent waste of time or clear up some obscurity,
properly intervene in the presentation of evidence during the trial, it should always be borne in mind that
undue interference may prevent the proper presentation of the cause or the ascertainment of truth.
RULE 3.07 - A judge should abstain from making public comments on any pending or impending case
and should require similar restraint on the part of court personnel.
ADMINISTRATIVE RESPONSIBILITIES
RULE 3.08 - A judge should diligently discharge administrative responsibilities, maintain professional
competence in court management, and facilitate the performance of the administrative functions or other
judges and court personnel.
RULE 3.09 - A judge should organize and supervise the court personnel to ensure the prompt and efficient
dispatch of business, and require at all times the observance of high standards of public service and
fidelity.
RULE 3.10 - A judge should take or initiate appropriate disciplinary measures against lawyers or court
personnel for unprofessional conduct of which the judge may have become aware.
RULE 3.11 - A judge should appoint commissioners, receivers, trustees, guardians, administrators and
others strictly on the basis of merit and qualifications, avoiding nepotism and favoritism. Unless
otherwise allowed by law, the same criteria should be observed in recommending appointment of court
personnel. Where the payment of compensation is allowed, it should be reasonable and commensurate
with the fair value of services rendered.
DISQUALIFICATION
RULE 3.12 - A judge should take no part in a proceeding where the judge's impartiality might reasonably
be questioned. These cases include among others, proceedings where:
A. The judge has personal knowledge of disputed evidentiary facts concerning the proceeding;
B. The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter 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;
C. The judge's ruling in a lower court is the subject of review;
D. The judge is related by consanguinity or affinity to a party litigant within the sixth degree or to
counsel within the fourth degree;
E. The judge knows the judge's 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 proceeding.
In every instance, the judge shall indicate the legal reason for inhibition.
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REMITTAL OF DISQUALIFICATION
RULE 3.13 - A judge disqualified by the terms of rule 3.12 may, instead of withdrawing from the
proceeding, disclose on the record the basis of disqualification. If, bases on such disclosure, the parties
and lawyers independently of judge's participation, all agree in writing that the reason for the inhibition
is immaterial or insubstantial, the judge may then participate in the proceeding. The agreement, signed
by all parties and lawyers, shall be incorporated in the record of the proceeding.
CANON 4
A JUDGE MAY, WITH DUE REGARD TO OFFICIAL DUTIES, ENGAGE IN ACTIVITIES TO
IMPROVE THE LAW, THE LEGAL SYSTEM AND THE ADMINISTRATION OF JUSTICE.
RULE 4.01 - A judge may, to the extent that the following activities do not impair the performance of the
judicial duties or cast doubt on the judge’s impartiality:
A. Speak, write, lecture, teach or participate in activities concerning the law, the legal system and
the administration of justice;
B. Appear at a public hearing before a legislative or executive body on matters concerning the law,
the legal system or the administration of justice and otherwise consult with them on matters
concerning the administration of justice
C. Serve on any organization devoted to the improvement of the law, the legal system or the
administration of justice.
CANON 5
A JUDGE SHOULD REGULATE EXTRA-JUDICIAL ACTIVITIES TO MINIMIZE THE RISK OF
CONFLICT WITH JUDICIAL DUTIES ADVOCATIONAL, CIVIC AND CHARITABLE ACTIVITIES
RULE 5.01 - A judge may engage in the following activities provided that they do not interfere with the
performance of judicial duties or detract from the dignity of the court:
(a) write, teach and speak on non-legal subjects;
(b) engage in the arts, sports, and other special recreational activities;
(c) participate in civic and charitable activities;
(d) serve as an officer, director, trustee, or non-legal advisor of a non-profit or non-political educational,
religious, charitable, fraternal, or civic organization.
FINANCIAL ACTIVITIES
RULE 5.02 - A judge shall refrain from financial and business dealing that tend to reflect adversely on
the court's impartiality, interfere with the proper performance of judicial activities or increase
involvement with lawyers or persons likely to come before the court. A judge should so manage
investments and other financial interests as to minimize the number of cases giving grounds for
disqualifications.
RULE 5.03 - Subject to the provisions of the proceeding rule, a judge may hold and manage investments
but should not serve as officer, director, manager or advisor, or employee of any business except as
director of a family business of the judge.
RULE 5.04 - A judge or any immediate member of the family shall not accept a gift, bequest, factor or
loan from any one except as may be allowed by law.
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RULE 5.05 - No information acquired in a judicial capacity shall be sued or disclosed by a judge in any
financial dealing or for any other purpose not related to judicial activities.
FIDUCIARY ACTIVITIES
RULE 5.06 - A judge should not serve as the executor, administrator, trustee, guardian, or other
fiduciary, except for the estate, trusts, or person of a member of the immediate family, and then only if
such service will not interfere with the proper performance of judicial duties. "Member of immediate
family" shall be limited to the spouse and relatives within the second degree of consanguinity. As a family,
a judge shall not:
(a) serve in proceedings that might come before the court of said judge; or
(b) act as such contrary to rules 5.02 to 5.05.
RULE 5.07 - A judge shall not engage in the private practice of law. Unless prohibited by the Constitution
or law, a judge may engage in the practice of any other profession provided that such practice will not
conflict or tend to conflict with judicial functions.
FINANCIAL DISCLOSURE
RULE 5.08 - A judge shall make full financial disclosure as required by law.
RULE 5.09 - A judge shall not accept appointment or designation to any agency performing quasi-
judicial or administrative functions.
POLITICAL ACTIVITIES
RULE 5.10 - A judge is entitled to entertain personal views on political questions. But to avoid suspicion
of political partisanship, a judge shall not make political speeches, contribute to party funds, publicly
endorse candidates for political office or participate in other partisan political activities.
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consent of all parties in interest, signed by them and entered upon the record.
xxx
➢ No judge or judicial officer shall sit in any case, without the written consent of all parties in interest
and entered upon the record, in which:
○ He, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise; or
○ He is related to either party within the 6th degree of consanguinity or affinity, or to counsel
within the 4th degree, computed according to the rules of the civil law; or
○ He has been executor, administrator, guardian, trustee or counsel; or
○ He has presided in any inferior court when his ruling or decision is the subject of review.
➢ Garcia v. De La Pena - The law conclusively presumes that a judge cannot objectively or
impartially sit in such a case and, for that reason, prohibits him and strikes at his authority to hear
and decide it, in the absence of written consent of all parties concerned. The purpose is to preserve
the people’s faith and confidence in the courts’ justice.
2. Voluntary
➢ A judge must maintain and preserve the trust and faith of the parties-litigants. He must hold himself
above reproach and suspicion. At the very first sign of lack of faith and trust to his actions, whether
well-grounded or not, the judge has no other alternative but to inhibit himself from the case.
➢ Bautista v. Rebueno - 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. He should exercise
his discretion in a way that the people’s faith in the courts of justice is not impaired. The better
course for the judge under such circumstances is to disqualify himself. That way, he avoids being
misunderstood, his reputation for probity and objectivity is preserved.
➢ Remittal of disqualification:
○ The decision to continue hearing the case, despite the existence of reasons for
disqualification should be:
■ Coupled with a bona fide disclosure to the parties-in-litigation, and
■ Subject to express acceptance by all the parties of the cited reasons as not material
or substantial
● The Judge must require that both counsel signs the agreement and that both
clients must also give their conformity
C. Administrative jurisdiction of the Supreme Court over Judges and Justices (all levels)
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➢ Members of the Supreme Court may be removed from office on impeachment for, and conviction
of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes,
or betrayal of public trust.
○ An impeachment proceeding is sui generis. It is neither purely political nor criminal.
○ Republic v. Sereno - quo warranto may be a remedy to oust an impeachable public office
➢ Section 11, Article VIII of the Constitution - Discipline of appellate justices and lower court judges
○ The Supreme Court en banc shall have the power to discipline judges of lower courts, or
order their dismissal by a vote of majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
○ Palaban v. Guevarra - judicial immunity
■ A judicial officer, in exercising the authority vested in him, shall be free to act
upon his own convictions, without apprehension of personal consequences to him
■ A judge cannot be subjected to liability--civil, criminal, or administrative--for any
of his official acts, no matter how erroneous, as long as he acts in good faith.
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III. PRACTICAL EXERCISES
A. Demand and authorization letters
B. Simple contracts: lease and sale
C. Special power of attorney
D. Verification and certificate of non-forum shopping
E. Notice of hearing and explanation in motions
F. Judicial Affidavits
G. Notarial certificates: jurat and acknowledgement
H. Motions for extension of time, to dismiss, and to declare in default
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
(recipient)
(address)
Mr. _______,
We write for and in behalf of our client, (name of client) and her son, (name of son).
As per informed by our clients that you have failed to provide adequate support to them despite repeated
verbal demands and having the capacity to do so. As a matter of fact, you have never given any financial
support to meet the basic needs of your son, (name of son).
In this connection, we are making a FINAL DEMAND that you give support to (name of client) and her
son, (name of son), in the amount of ___________ per month to cover for basic needs such as food, medical,
school expenses, and tuition fees.
At present, our client is shouldering, on her own, whatever expenses incurred for the care and unkeep of
your son. Being an abled-bodied, you are more than capable to extend adequate financial support to your
minor child.
The above-mentioned amount is in accordance with Article 194 of Executive Order No. 209, otherwise
known as the Family Code of the Philippines which states that:
“Art. 194. Support comprises everthing indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial capacity
of the family.
The education of the person entitled to be supported referred in the preceding paragraph
shall include schooling or training for some profession, trade or vocation, even beyond
the age of majority. Transportation shall include expenses in going to and from school,
or to and from place of work.”
In addition, under Section 5(e)(2) of Republic Act No. 9262, otherwise known as the Act Defining Violence
Against Women and Children, to wit:
“Section 5. Acts of Violence Against Women and Their Children. – The crime of violence
against children is committed through any of the following acts:
xxx
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(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman’s children insufficient
financial support.”
In view thereof, FINAL DEMAND is being made upon you to give support within the period of TEN (10)
days from receipt of this letter. Otherwise, we will be forced to file the appropriate civil and criminal cases
against you.
Respectfully yours,
Atty. XXX
For the Firm
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(recipient)
(address)
Mr. _______,
We are writing for and in behalf of our client, (name of client), anent the “Real Estate Mortgage” you have
entered with him last June 23, 2016.
As per information from our client and based on documentary evidence on hand, it appears that you are in
possession of the Owner’s Duplicate copy of Transfer Certificate of Title No. T-124971 registered under
the name of Spouses Pedro and Crisanta Nunag. In representation of Spouses Pedro and Crisanta Nunag,
you have secured a loan in the amount of TWO HUNDRED FIFTY THOUSAND PESOS (Php 250, 000.
00) from our client subject to ten percent (10%) every fifteen (15) days.
As security to the foregoing loan, you have mortgaged to our client the abovementioned real property
located in Caloocan City and covered by Transfer Certificate of Title No. T-124971. Moreover, based on
the said “Real Estate Mortgage”, you, as the “Mortgagors”, are required to pay the principal amount of loan
subject to Ten Percent (10%) interest every Fifteen (15) days from date of execution of the agreement. For
your guidance and information, please be informed that the foregoing loan you have secured from our client
remains unpaid up to this point in time, more or less, six (6) months from the execution of the same.
In view of the foregoing, FINAL DEMAND is hereby made upon you to PAY our client the amount of
TWO HUNDRED FIFTY THOUSAND PESOS (Php 250, 000. 00) plus the agreed interest of Ten
Percent (10%) every Fifteen (15) days, within a non-extendible period of TEN (10) DAYS from receipt
hereof.
Failure on your part to pay our clients within the non-extendible period of Ten (10) days, we will be
constrained to file the appropriate court actions necessary to protect the interests of our client. Kindly extend
preferential attention to this FINAL DEMAND in order to avoid court litigation.
ATTY. XXX
Counsel for (name of client)
Copy furnished:
(recipient)
(address)
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
Mr. _______,
We are writing for and in behalf of our client, (name of client), regarding the real property located at
(address of subject property) and registered under her name which you are presently occupying.
As per information from our client, she acquired the subject property prior to her marriage to your brother,
(generic name) and that she allowed your parents to stay in the property. Thereafter, upon your request,
she also allowed you to stay in the house. After sometime, she acquired a property in San Juan and transfer
residence therein, leaving the property under your care. Considering that our client is now in need of the
property they requested you to vacate the premises. However, despite their request, you continued to
possess the property and worst, you refused to allow them to stay and/or move-in to the property.
Taking into consideration of the fact that you are not the lawful owner of the property and that your
continued stay in the property was due to the leniency and liberality of our client, you have no right
whatsoever to possess the subject property.
In view of the foregoing, FINAL DEMAND is hereby made upon you TO VACATE and peacefully
surrender possession of the premises owned by our clients within a non-extendible period of TEN (10)
DAYS from receipt hereof and TO PAY the amount of Thirty Thousand Pesos (P30,000.00) per month as
and by way of reasonable rent of the property including the warehouse.
Failure to do so will constraint us to file the appropriate actions against you in the proper courts.
Thank you.
Respectfully yours,
Atty. XXX
Partner
With my conformity:
_________________
(name of client)
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(recipient)
(address)
Mr. _________:
We write for and in behalf of our client, (name of company) (represented by (name of client)).
Our client referred to us for immediate legal action the matter of your unpaid machine particularly described
as Rayto Urine Reader with Serial No. 751508018E amounting to ONE HUNDRED TEN THOUSAND
PESOS (P110,000.00) and unpaid balance from purchase of Elisa Regeants and Rayto RT-7600 amounting
to Thirty Six Thousand Four Hundred (PhP36,400.00) Pesos.
According to our client, they have delivered the machine sometime in February 2014. As part of your
agreement, you will make use of the said machine for a period of one (1) month to test its performance.
After the lapse of the said period, you did not return the machine, giving the impression to our client that it
conformed to your requirements.
Based on records, you have not paid the machine nor returned the same. Thus, our client demanded you to
pay or return the machine. In reply, you have claimed to have returned the machine but failed to present ant
proof to substantiate your claim.
Demands were made upon you to pay the aforementioned amount but still failed to pay without valid and
justifiable reason. Thus, our client decided to make this FINAL DEMAND for you to return the Rayto
Reader Machine or in the alternative, pay the amount of One Hundred Forty Six Thousand Four Hundred
(PhP146,400.00) Pesos within the period of five (5) days from receipt of this letter, otherwise, failure to do
so will constrain our client to file civil and criminal case before the appropriate Court.
Respectfully yours,
____________________________
Atty. XXX
For the Firm
With my conformity:
____________________________
(name of client)
(name of company)
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
(date)
AUTHORIZATION
This is to authorize (name of firm) LAW OFFICES thru its managing partner Atty. XXX:
3. To SIGN and RECEIVE, in our behalf, any and all documents necessary regarding
the above-mentioned transaction;
This authority extends to whatever act/s are necessary to accomplish the purpose of this
undertaking. Thank you.
Sgd.
(Name of client)
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
This is to authorize (name of agent), Legal Officer of the firm, to secure a copy of the following:
1. Motions for Issuance of Writ of Execution filed on April 27, 2012 and December 6, 2012
by the plaintiffs YYY and ZZZ in the entitled case Spouses XXX and YYY, doing business
under the name and style WEDONTPAYOURATTORNEY’SFEES vs. AAA, with Civil
Case No. 04-20.
Respectfully Yours,
Atty. TTT
Counsel for the Plaintiffs
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
AUTHORIZATION TO SELL
(date)
AUTHORITY TO SELL
This is to authorize ATTY. XXX, of legal age, Filipino and with office address at (address of law
firm), to do and perform any and all of the following acts:
1. To SELL our lot located in Quezon City, registered under Transfer Certificate of
Title Nos:
2. That Atty. XXX shall receive a commission fee equivalent to _____ (___%)
PERCENT of the total selling price as stipulated in the Deed of Sale or Contract
to Sell, payable upon the execution of the instrument.
This authority shall become ineffective only after ____ days from receipt of either party of a written
notice terminating such authority.
_________________
(name of client)
OWNER
SUBSCRIBED AND SWORN TO before me, a Notary Public for and in Quezon City, this ___
day of ______, affiant exhibiting to me her competent evidence of identity by way of her (competent
evidence of identity).
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
CONTRACT OF LEASE
This CONTRACT OF LEASE made and executed this _____ day of _________________, 2016
at _______________________, by and between:
-and-
WITNESSETH: That --
WHEREAS, the LESSOR is the new owner of a house and lot located at
_________________________________;
WHEREAS, the LESSEE has offered to lease the said house and lot and the LESSOR accepts
the offer subject to the terms and conditions hereinafter set forth;
NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR hereby
leases unto the LESSEE the subject premises subject to the following terms and conditions:
The property subject of this contract is a Warehouse Building with an area of ____________Square
Meters.
The subject premises shall be used solely and exclusively by the LESSEE for residential purposes
and shall not be diverted to other use/s.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
It is hereby expressly agreed upon that if the leased premises are used for other purposes, the
LESSOR shall have the right to immediately cancel this contract without prejudice to its other rights under
the law.
The term of lease is for _____ (__) year only which shall commence on _____________, 2016 up
to __________________, 2017;
Upon expiration of the lease period, the lease may be renewed under such terms and conditions as
may be mutually agreed upon by both parties.
Written “Notice of Intention” to renew the lease shall be served upon the LESSOR not later than
thirty (30) days prior to the expiry date of the period herein agreed upon. Failure on the part of the LESSEE
to notify the LESSOR of their intention to renew the contract within the period provided shall serve as a
ground for non-renewal of the lease contract.
In the event that the lease is not renewed within thirty (30) days prior to its expiry, then the same
shall automatically terminate and the LESSOR shall be entitled to the rights granted under this contract by
reason of such termination. There shall be NO TACIT RENEWAL of this contract, notwithstanding the
continued possession by the LESSEE of the leased premises for any length of time after the expiration of
the term of the lease.
The monthly rental rate for the leased premises for the period of six (6) months covering
________________ to ___________________, 2016 shall be ___________________________________
(P________), Philippine currency;
All rental payments shall be paid to the LESSOR in cash without need of any demand within the
first five (5) days of each month.
In the event that the LESSEE withdraws and / or terminates this contract before the expiration of
the period, the LESSOR shall forfeit the DEPOSIT and ADVANCE RENTAL made by the LESSEE.
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It is hereby understood that the DEPOSIT is intended for the repair of the leased premises upon
termination of this contract. Any unexpended amount shall only be refunded or returned to the LESSEE
upon expiration of the lease and after the LESSEE shall have completely and satisfactorily vacated the
leased premises.
It is further agreed upon that should the LESSEE have any other unpaid obligation to the LESSOR
and / or to other utility companies, the ADVANCE RENTAL shall be used to settle the same.
In case of any breach or default on the part of the LESSEE, the LESSOR at its option may terminate
this Contract.
Any and all actions arising from this contract shall be filed before the competent courts of
___________________, to the exclusion of any other venue.
In the event that the property should be sold, transferred, mortgage and/or encumbered, the
LESSOR herein agrees and undertake to notify the LESSEE and to include and embody in the instrument
of sale, conveyance, transfer, mortgage and/or encumbrance a clear and specific stipulation requiring the
purchaser, transferee, mortgage, conveyer or encumbrance to acknowledge honor and respect this contract
of lease and the terms and conditions hereof.
The LESSOR may terminate this contract in case of breach of any of the conditions previously
mentioned herein and / or upon occurrence of any of the following events:
a. Closure or failure to occupy the leased premises for a continuous period of fifteen (15)
calendar days;
b. Failure to pay the rent or any amount due hereunder on the prescribed period.
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The LESSEE shall not directly or indirectly sublet, allow or permit the leased premises to be
occupied in part or in whole by any person, firm or corporation, neither shall the LESSEE assign its rights
hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or
vested in anyone by the LESSEE without the LESSOR’S written approval.
The LESSEE shall pay for its telephone, electricity and other public services / utilities during the
duration of the lease.
If whole or any part of the leased premises shall be destroyed or damaged by fire, flood, typhoon,
earthquake, or any other unforeseen causes, as to render the leased premises unfit for use and occupation
of the LESSEE, then this lease contract may be terminated after mutual assessment on the condition of the
property has been made.
The LESSOR or its authorized agent shall have the right to enter the premises in the presence of
the LESSEE or his authorized representative at a reasonable hour to examine the same or make repairs
therein or for the operation and maintenance of the building.
At the expiration of this lease or cancellation thereof, as herein provided, the LESSEE will promptly
deliver to the LESSOR the leased premises with all corresponding keys and in good and tenable condition.
Any damage or injury to the LEASED PREMISES due to the fault or negligence of the LESSEE
or its agents, employees, customers, guests and/or other third persons who may have gained access to the
said premises, shall be promptly repaired by the LESSEE at its own expense; when such damage or act of
God - such as, typhoon, earthquake, flood, etc., is beyond the control of the LESSEE, the latter shall not be
liable to the LESSOR;
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
The LESSEE shall not make any major structural changes, alterations or improvements in the
LEASED PREMISES without the written consent of the LESSOR; however, any major alterations or
improvements made or introduced by the LESSEE in the LEASED PREMISES with the written consent of
the LESSOR shall, upon termination of the lease contract, shall take care of removing the said items or
temporary or movable improvements at its account, and shall endeavor not to damage the LEASED
PREMISES in any way whatsoever, and return the said premises to the LESSOR in its original condition
minus ordinary wear and tear
The LESSEE shall not store nor permit to be stored in the leased premises any hazardous or highly
flammable goods or materials.
IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above
written.
_____________________________ __________________________
(Lessor) (Lessee)
By: By:
_________________________________ _______________________________
ACKNOWLEDGMENT
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
known to me to be the same persons who executed the foregoing instrument and acknowledged to me that
the same is their free and voluntary act and deed. This instrument consisting of ______ pages, including
the page on which this acknowledgement is written, has been signed on each and every page thereof by the
concerned parties and their witnesses, and sealed with my notarial seal.
WITNESS MY HAND AND SEAL, on the date and place first above written.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
CONTRACT TO SELL
This Contract to Sell made and executed this __ day of May 2014 in ________________ by and
between:
________________, of legal age, single, Filipino Citizen, married to ___________ and with postal
address at ______________________, herein referred to as the “SELLER”;
- and –
WITNESSETH:
That the VENDOR is the sole and absolute owner of a parcel of land located at Sindalan, City of
San Fernando, Pampanga, consisting of Two Thousand Six Hundred Forty Eight (2,648) Square Meters,
more or less, covered by Transfer Certificate of Title No. 292570-R, which property is more particularly
described as follows:
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That for and in consideration of the sum of TWENTY THREE MILLION EIGHT HUNDRED
THIRTY TWO THOUSAND PESOS (PhP23,832,000.00), Philippine Currency, payable in the manner
hereunder expressed, the SELLER has agreed to sell unto the BUYER, and the BUYER have agreed to buy
from the SELLER.
The further conditions of this Contract are as follows:
1. The BUYER agrees to pay the SELLER upon the execution of this Contract the sum of
NINETEEN MILLION PESOS (PhP19,000,000.00), Philippine Currency, as down payment on account of
the purchase price and agree to pay the balance of FOUR MILLION EIGHT HUNDRED THIRTY TWO
(PhP4,832,000.00) Philippine Currency, which the BUYER will loan from China Banking Corporation.
The BUYER is given two (2) months to produce the Letter of Guaranty from China Banking Corporation.
2. That the SELLER shall at his sole expense be responsible for the transfer of the title over the
said property in the name of the BUYER, the same to be completed within __(__) months from receipt of
the balance of the purchase price in the amount of FOUR MILLION EIGHT HUNDRED THIRTY TWO
(PhP4,832,000.00).
3. It is agreed and understood, however that the delivery of the owner’s copy of Title over the
property in the name of the BUYER, as provided in the preceding paragraph is simultaneous with the release
and encashment of the check amounting to the full balance of FOUR MILLION EIGHT HUNDRED
THIRTY TWO (PhP4,832,000.00) from China Banking Corporation or has been credited to the bank
account of the SELLER.
4. In case the Letter of Guaranty does not cover the amount of the outstanding balance, the
difference shall be paid in full before transfer of ownership to the BUYER.
5. All capital gains tax, documentary stamp tax and real estate tax or property tax shall be for the
sole account of the SELLER.
6. The SELLER warrants that the said property is free from any and all liens and encumbrances.
7. This Contract shall be binding and obligatory upon the heirs, successors and assigns of the
respective parties.
IN WITNESS WHEREOF, we have hereunto affixed our signature this __ day of May 2014 in
______________________.
_____________________________ ______________________________
Seller Buyer
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
With my marital conformity:
______________
wife
Witnesses:
____________________________ ______________________________
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in _____________, this _th day of ____________________
2014 personally appeared and showing their competent evidence of identity to wit:
known to me to be the same persons who executed the foregoing instrument, and they acknowledged to me
that the same are their free act and deed.
This instrument consists of three (3) pages including this page where this acknowledgment is
written, signed by the parties and their witnesses at the left hand margin of page 1 and at the bottom portion
of page 2 and refers to a Deed of Contract to Sell executed by _____________ and
_________________________.
IN WITNESS WHEREOF, I have here unto set my hand and affixed my Notarial seal on __th day
of __________________ 2014 in __________________.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
This DEED OF ABSOLUTE SALE made and executed this ___th day of April 2019 at
___________ City, by and between:
- and -
WITNESSETH: That –
WHEREAS, the VENDOR is the lawful owner of a parcels of land located at Pasig City and
covered by Condominium Certificates of Title Nos. 011-2016002005, 011-2016002006, and 011-
2013003138;
WHEREAS, the VENDORS are offering to sell the above-described properties and the VENDEES
are willing to buy the same;
NOW, THEREFORE, for and in consideration of the foregoing premises, the VENDOR hereby
SELLS, TRANSFERS, AND CONVEYS the above-mentioned properties subject to the following terms
and conditions:
I. SUBJECT PROPERTY:
This Deed of Absolute Sale pertains to a condominium unit with drying area and parking area and
all the imp0rovements thereon, situated in Unit 315 Amazon Building, Riverfront Residences, Brgy.
Caniogan, Pasig City and more particularly described as follows, to wit:
“A PARCEL OF LAND (LOT C-2-B OF THE SUBD. PLAN, PSD-00017820, BEING A PORTION OF
LOT C, PSD-00-0044280, L.R.C. REC. NO. 17407, & N-2813), SITUATED IN BRGY. CANIOGAN,
PASIG CITY, METRO MANILA, ISLAND OF LUZON. BOUNDED ON THE NE., ALONG LINE 1-2
BY LOT C-1-A; ON THE SE., ALONG LINE 2-3 BY LOT 2-B, BOTH OF THE SUBD. PLAN; ALONG
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LINES 3-4-5 BY LOT A, PSD-39080 ALONG LINE 5-6 BY PSU-101444 AND ALONG LINES 6-7-8
BY PROPERTIES OF ALBERTO ESPIRITU, ET. AL., CONTAINING AN AREA OF TWENTY THREE
THOUSAND FIVE HUNDRED EIGHT (23,508) SQUARE METERS, MORE OR LESS.”
“A PARCEL OF LAND (LOT C-2-B OF THE SUBD. PLAN, PSD-00017820, BEING A PORTION OF
LOT C, PSD-00-0044280, L.R.C. REC. NO. 17407, & N-2813), SITUATED IN BRGY. CANIOGAN,
PASIG CITY, METRO MANILA, ISLAND OF LUZON. BOUNDED ON THE NE., ALONG LINE 1-2
BY LOT C-1-A; ON THE SE., ALONG LINE 2-3 BY LOT 2-B, BOTH OF THE SUBD. PLAN; ALONG
LINES 3-4-5 BY LOT A, PSD-39080 ALONG LINE 5-6 BY PSU-101444 AND ALONG LINES 6-7-8
BY PROPERTIES OF ALBERTO ESPIRITU, ET. AL., CONTAINING AN AREA OF TWENTY THREE
THOUSAND FIVE HUNDRED EIGHT (23,508) SQUARE METERS, MORE OR LESS.”
“A PARCEL OF LAND (LOT C-2-B OF THE SUBD. PLAN, PSD-00-047820, BEING A PORTION OF
LOT C, PSD-00-0044280, L.R.C. REC. NOS. 17407 & N-3813). SITUATED IN BRGY. CANIOGAN,
PASIG CITY, METRO MANILA, ISLAND OF LUZON. BOUNDED ON THE NE., ALONG LINE 1-2
BY LOT C-2-A; ON THE SE., ALONG LINE 2-3 BY LOT 2-B, BOTH OF THE SUBD. PLAN; ALONG
LINES 3-4-5 BY LOT A PSD-39003; ALONG LINE 5-6 BY PSU-101444 AND ALONG LINES 6-7-8
BY PROPERTIES OF ALBERTO ESPIRITY, ET.AL; CONTAINING AN AREA OF TWENTY THREE
THOUSAND FIVE HUNDRED EIGHT (23,508) SQUARE METERS MORE OR LESS.”
II. CONSIDERATION:
The consideration of the above-described properties shall be THREE MILLION SIX HUNDRED
NINETY THOUSAND PESOS (P3,690,000.00) Philippine Currency. The breakdown of the amount is as
follows:
1. The amount of ___________ through ______ Manager’s Check with Check No.
_______________ dated _______________;
2. Cash deposit to BDO Banking Account of the VENDOR in the amount of
________________.
It is mutually agreed upon that CAPITAL GAINS TAX shall be to the account of the VENDOR
while DOCUMENTARY STAMP TAXES shall be to the account of the VENDEE. Further, it is mutually
agreed upon that the VENDOR shall facilitate the actual transfer / registration of the subject property under
the name of the VENDEE.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
IN WITNESS WHEREOF, we have hereunto signed this Deed of Absolute Sale this ___th day of
April 2019 at ____________ City.
Vendor Vendee
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in _____________, this _th day of ____________________
2019 personally appeared and showing their competent evidence of identity to wit:
known to me to be the same persons who executed the foregoing instrument, and they acknowledged to me
that the same are their free act and deed.
This instrument consists of three (__) pages including this page where this acknowledgment is
written, signed by the parties and their witnesses at the left hand margin of page 1 and at the bottom portion
of page 2 and refers to a Deed of Contract to Sell executed by _____________ and
_________________________.
IN WITNESS WHEREOF, I have here unto set my hand and affixed my Notarial seal on __th day
of __________________ 2019 in __________________.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
I, _________, of legal age, married and residing at ________________, hereby Name, Constitute
and Appoint, ___________, likewise of legal age, married, Filipino and residing at _____________, as my
true and lawful attorney-in-fact, for me, in my name, place and stead, to do and perform the following:
1. To file a case for Collection of Sum of Money and or Action for Specific Performance and any
other civil case which it may deem fit against _____________ before the Courts of ________;
2. To represent me in any and all proceedings before the Court in connection with the
aforementioned case/s including entering into a compromise agreement;
3. To represent me before the Philippine Mediation Center, Court of Appeals and the Supreme
Court in the event the case is elevated to this Courts in connection with the case I will file;
4. To appear and represent me in the pre-trial and to enter into an amicable settlement of the dispute
and stipulations and admissions of facts and of documentary exhibits;
4. To perform any other acts which may be appropriate in the premises which I could legally do if
I were present;
HEREBY GIVING AND GRANTING unto my said Attorney-in-fact full power and authority to
execute and perform all and every act necessary to render effective the power herein granted, as though
myself, have so performed it, and hereby approving all that she may do by virtue hereof with full right of
substitution of their person and revocation of this instrument.
IN WITNESS WHEREOF, I have hereunto set my hand this __th day of February 2015 at Quezon
City.
SGD.
Principal
With my conformity:
____________
Attorney-in-fact
ACKNOWLEDGMENT
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
BEFORE ME, this __th day of February 2015, personally appeared the parties herein with their
respective Competent Evidence of Identity, to wit:
1. ____________
2. ____________
known to me to be the same persons who executed the foregoing document denominated as SPECIAL
POWER OF ATTORNEY consisting of two (2) pages including this page where the acknowledgment is
written and acknowledged the same to be their free and voluntary act and deed.
WITNESS MY HAND AND SEAL, this __th day of February 2015 at Quezon City.
NOTARY PUBLIC
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
That, I, ___________, of legal age, widow and residing at ______________, have named,
constituted, and appointed ____________, likewise of legal age, married and with postal address at ______,
to be my true and lawful attorney-in-fact for and in my name, place and stead and for my own use and
benefit, to do and perform all or any of the following acts and things, to wit:
1. To borrow/obtain loan from any banking institution herein referred to as LENDER, not to exceed
the amount of THREE MILLION PESOS (PhP3,000,000.00);
2. To sign, execute and deliver to the LENDER, SINGLY, the loan or credit agreement or such
other instruments evidencing my indebtedness for the monies to be borrowed with interest thereon and said
Attorney-in-Fact is empowered to sign, execute and deliver, SINGLY, renewals, extensions, supplements,
modification and/or amendments of said loan or credit agreement or such other instruments from time to
time;
3. As security for the prompt payment of the loan, or any other obligations due to the LENDER
and the proper performance of all covenants and agreements in connection therewith, to transfer, assign and
convey by way of FIRST MORTGAGE unto the LENDER, its successors and assigns the following real
property owned by the herein principal particularly described as follows:
A parcel of land (Lot 1693-C-2 of the subd. plan (LRC) Psd-282799, approved as a
non-subd. project, being a portion of Lot 1693-C, Psd-34422, LRC Cad. Rec No.
268), situated in the Poblacion, City of San Jose, Island of Luzon. Bounded on the
NE., pts. 6 to 7 by Creek; on the SE., pts. 7 to 8 & 8 to 1 by Lot 1693-c-3 of the
subd. plan on the SW, pts 1 to 2 by Calle Bonifacio and on the NW., pts. 2 to 6 by
Lot 1693-C-1 of the subd. plan. Beginning at a pt. marked “1” on plan being S. 61
deg. 39”E., 133.50 m. from BBM-3 San Jose Cadastre; thence N.54 deg. 12’W.,
11.10 m. to pt. 2; thence N. 40 deg.33”E.,11.56 m. to pt. 3; thence S. 53 deg. 21’
E., 3.65 m. to pt. 4; thence N. 36 deg. 37’E., 18.51 m. to point 5; thence N. 36
deg.39’E., 1.60 m. to pt. 6; thence S. 59 deg.01’E.,7.87 m. to pt. 7; thence S. 38
deg.47’W., 3.00 m. to pt. 8; thence S. 38 deg. 42’W., 29.28 m. to the pt of beginning.
Containing an area of TWO SEVENTY SEVEN (277) SQUARE METERS, more
or less. All points referred to are indicated on the plan and are marked on the ground
as follows: pt. 7 by old pts. and the rest by PS Cyl. conc. mons. 15x60 cms. Bearings
true; declination 0 deg.04’E., date of Original Survey April 1916-July 1918 and that
of the Subd. survey executed by C.N. Evangelista, G.E on Sept. &, 1978.
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4. To grant, transfer or assign to the LENDER as security for the credit/loan covering my
indebtedness to the LENDER, my deposit/placement maintained with the said LENDER, or with any of the
LENDER’s affiliates or subsidiaries; and to sign, execute and deliver to the LENDER, SINGLY, any and
all grants, transfers, instruments that may be necessary to implement the authorization herein granted;
5. To grant, transfer or assign to the LENDER as security for the credit/loan covering other
indebtedness of any third person, party or entity to the LENDER, my deposit/placement maintained with
the said LENDER or with any of the LENDER’s affiliates or subsidiaries sign, execute and deliver to the
LENDER, SINGLY, any and all grants, transfers, assignment, collateral/security documents and such other
instruments that may be necessary to implement the authorization herein granted;
6. To receive, acknowledge receipt of the proceeds of the loan or encumbrance not to exceed the
amount of THREE MILLION PESOS (PhP3,000,000.00);
7. To perform all acts and deeds as may be required of me in order to give efficacy to this authority.
The LENDER is hereby authorized to act upon this SPECIAL POWER OF ATTORNEY until
written notice of its revocation is delivered to the LENDER;
HEREBY GIVING AND GRANTING unto my said Attorney-In-Fact full power and authority to
do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in and
about the premises as I might do if personally present and acting in person; and
HEREBY RATIFYING AND CONFIRMING all that my said Attorney-In-Fact shall lawfully do
and cause to be done under and by virtue of these presents.
IN WITNESS WHEREOF, we have hereunto set our hand this ___ day of ___________________,
2014 at ___________________.
____________________
Principal
Conforme:
____________________
Attorney-In-Fact
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
SIGNED IN THE PRESENCE OF:
___________________________ ___________________________
Witness Witness
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in ______________this __ day of _______________ 2014,
personally appeared showing their Competent Evidence of Identity, to wit:
known to me and to be known to be the same persons who executed to foregoing instruments and
acknowledge to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL on the date and place above given.
Doc. No.____;
Page No.____;
Book No.____;
Series of 2014.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
I, ___________, of legal age, single, Filipino and a resident of ______________, after having been
duly sworn to in accordance with law, hereby depose and state that:
2. That I have caused the preparation of the foregoing Petition for Confirmation of Final Bill of Sale
and Entry of New Certificate of Title;
3. That I have read and understood the same and the contents thereof are true and correct of my own
personal knowledge and on the basis of copies of documents and records in my possession;
4. That I have not commenced any other action or proceeding involving the same issues in the Court
of Appeals, Supreme Court or any different Divisions thereof, or any other tribunal or agency;
5. That in the event I should learn hereafter that a similar action or proceeding has been filed or is
pending, or may have been terminated, I undertake to inform this Honorable Court within a period of five
(5) days from knowledge thereof.
IN TRUTH WHEREOF, I have signed my name this ____ April 2016 at Quezon City.
_________________
Affiant
SUBSCRIBED AND SWORN to before me this __th day of January 2016 by the affiant who
exhibited to me her _____________________ with expiry date _____________________ as her
Competent Evidence of Identity (C.E.I.).
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
2. That I have caused the preparation of the Response in the instant case;
3. That I have read and understood the same and the contents thereof are true and correct of
my own personal knowledge and on the basis of copies of documents and records in my possession;
4. That I have not commenced any other action or proceeding involving the same issues in
the Court of Appeals, Supreme Court or any different Divisions thereof, or any other tribunal or
agency;
5. That in the event I should learn hereafter that a similar action or proceeding has been filed
or is pending, or may have been terminated, I undertake to inform this Honorable Court within a
period of five (5) days from knowledge thereof.
IN TRUTH WHEREOF, I have signed my name this _____ day of May 2016 at Cebu
City.
________
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of May 2016, affiant who
exhibited to me his PRC ID No. 0030059 with expiry date March 3, 2017 his Competent Evidence
of Identity (C.E.I.).
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
NOTIFICATION
G R E E T I N G S:
Please be notified that the undersigned shall submit the foregoing motion for the
consideration and resolution of this Honorable Court immediately upon receipt hereof.
Atty. XXXXX
Copy furnished:
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
XXX,
Plaintiff,
YYY and
ZZZ,
Defendants.
x---------------------------------------x
JUDICIAL AFFIDAVIT
OFFER OF TESTIMONY:
The testimony of the witness, Mr. _________ is being offered to prove the following:
1. To prove that he is familiar with the defendants in the above-captioned case, being
the eldest son of ________;
3. To prove that defendant ___________ told him that she did not receive any amount
of money from the plaintiff;
4. To prove other matters which are pertinent and relevant to the instant case;
5. To identify documents which are pertinent and relevant to the instant case;
6. To prove that he has executed a Judicial Affidavit in connection with the instant
case and he will identify the same;
I, _____________, of legal age, Filipino, married, and a resident of _____________, under oath
and fully aware that I may face criminal liability for false testimony or perjury, hereby state my
answers to the questions prepared by Atty. TTT in his office located at _____________, which
answers shall serve as my direct testimony in the above-captioned case:
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
XXX
That I am executing this Affidavit to attest to the truthfulness and veracity of the foregoing
and for whatever legal intent it may serve.
_______
Affiant
BEFORE ME, a Notary Public for and in Quezon City, this ________th day of OCTOBER,
2014, personally appeared ___________, who has satisfactorily proven his identity through his
Competent Evidence of Identity _______________________ with No. ___________________
which shall expire on ______________________, that he is the same person who executed the
voluntarily signed the foregoing Judicial Affidavit which he acknowledged before me as his own
free and voluntary act and deed.
WITNESS MY HAND AND SEAL, this _______th day of OCTOBER 2014, in Quezon
City, Metro Manila, Philippines.
SWORN ATTESTATION
The undersigned counsel for the defendant, _________, under oath, hereby attests to the
following: That --
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
3. The witness is answering the questions asked of him fully aware that the he does
so under oath and that he may be criminally liable for false testimony of perjury.
Further, the witness was neither assisted nor coached during the examination.
ATTY. TTT
Counsel for the Defendant,
________
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
SUBSCRIBED AND SWORN TO before me, A Notary Public for and in Quezon City this 1st
day of August 2017, affiant personally appeared and exhibited to me their Competent Evidence of Identity
______________________
NOTARIAL CERTIFICATE:
ACKNOWLEDGEMENT
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the above jurisdiction, personally
appeared the following:
ID Number
Witness my hand and seal this ___ day of ______________ 2013 at Quezon
City.
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
IALSODONTPAYLEGALFEES
Complainant,
XXX,
Respondent.
x----------------------------x
The undersigned law office respectfully enters its appearance as counsel for the complainants in
the above-entitled case. It is most respectfully requested that all notices, orders, decision and other
communications emanating from this Honorable Office be sent to:
By way of Motion
Complainants, through the undersigned counsel unto this Honorable Office, most respectfully
states: That—
1. During the last hearing on 20 January 2015, for failure of the parties to arrive an amicable
settlement, the Honorable Labor Arbiter directed the parties to submit their respective
Position Papers ten (10) days from the said hearing or on 3 February 2015;
2. On 1 February 2015, the herein complainants amended their original complaint by including
separation pay as part of their relief;
3. That under Section 11 of The 2011 NLRC Rules of Procedure, as amended, the complainant
may amend their complaint before the filing of the position paper;
4. The undersigned law office humbly requests from this Honorable Office that they may be
given at least (10) days within which to prepare the required position paper, and also, to
enable the complainants ample opportunity to gather their documentary evidence.
PRAYER
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
WHEREFORE, it is most respectfully prayed unto this Honorable Office that the Entry of
Appearance of the undersigned law office be duly noted and made part of the records of this case. It is
likewise prayed that the complainants be given an extension of time of ten (10) days or until February 13,
2015, within which to file their position paper.
Other reliefs, just and equitable under the premises, are likewise prayed for.
ATTY. TTT
IBP NO. 000001; January 05, 2015; Quezon City
PTR NO. 000001; January 05, 2015; Quezon City
Roll NO.00001
MCLE Compliance IV-0000001, April 30, 2012
Tel Nos. (02)7099422 or (02)7033346
Mobile Nos.09228698711/09175704840
COPY FURNISHED:
XXX
(ADDRESS)
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
XXX,
Plaintiff,
YYY,
Defendants.
x------------------------------------------x
MOTION TO DISMISS
Defendant YYY, through the undersigned counsel, to this Honorable Court, respectfully states:
1. Plaintiff filed this instant case alleging that the defendant and other John Does
unlawfully and forcibly ejected plaintiffs’ son and nephew from the subject
premises;
3. That the incident which was alleged by the plaintiff to have committed by
defendant Lim and other John Does was reported to the Police as evidenced by
their attached police blotter in the complaint;
4. That the subject matter of the complaint is covered by the Rules on Summary
Procedure, hence, prior resort to Barangay is a condition sine qua non before any
complaint maybe filed in court;
5. From the perusal of the complaint, plaintiff failed to allege that there was an
earnest effort to refer the matter to the barangay and that they failed to reach an
agreement to settle their differences. The complaint is defective as it failed to
attach a Certification to File Action issued by the Barangay which has jurisdiction
over the parties;
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
8. In Morata v. Go, 125 SCRA 444, the Supreme Court accordingly held that the
conciliation process at the barangay level is a condition precedent for the filing of
a complaint in court. In Royales v. Intermediate Appellate Court, 127 SCRA 470,
it ruled that non-compliance with the condition precedent prescribed by the
Katarungang Pambarangay Law could affect the sufficiency of the plaintiff’s cause
of action and make his complaint vulnerable to dismissal on the ground of lack of
cause of action or prematurity.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed to this Honorable Court that
the instant case be DISMISSED for lack of cause of action or for being premature.
ATTY. TTT
Counsel for defendant YYY
Roll No. 000001
IBP No. 000001
PTR No.000001
MCLE Compliance No. 0000001
Notice of Hearing
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
Greetings!
Kindly submit the foregoing Motion to Dismiss for the favourable consideration and approval of
the Honorable Court on __________________________.
ATTY. TTT
Copy Furnished:
XXX
Atty. Fucking G. Real
Counsel for Plaintiff
(address)
Explanation
The foregoing Motion to Dismiss was sent to the Plaintiffs’ counsel through registered mail due to
distance.
Atty. TTT
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
ACCUSED, by counsel, unto this Honorable Court, most respectfully moves for the dismissal of
the above-captioned case and / or the quashal of the information based on the following grounds, to wit --
LEGAL BASES
Section 3 of Rule 117 of the Revised Rules of Criminal Procedure clearly provides that:
Sec. 3. Grounds. – The accused may move to quash the complaint or information
on any of the following grounds:
xxx
(c) That the court trying the case has no jurisdiction over the person of the
accused; (emphasis and underscoring supplied)
Further, as held in the case of Arsenio Vergara Valdez versus People of the Philippines, to wit:
“At the outset, we observe that nowhere in the records can we find any objection
by petitioner to the irregularity of his arrest before his arraignment. Considering this and
his active participation in the trial of the case, jurisprudence dictates that petitioner is
deemed to have submitted to the jurisdiction of the trial court, thereby curing any defect in
his arrest. The legality of an arrest affects only the jurisdiction of the court over his
person.” G.R. No. 170180; November 23, 2007 (emphasis and underscoring supplied)
FACTUAL BASES
1. Contrary to the claims of the arresting officers, the accused was arrested without any legal
basis on the early morning of 10 July 2014. The accused while playing inside an “ON-LINE GAMING
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
ESTABLISHMENT” (E-GAMES, San Rafael) was illegally arrested by the Police Officer for no apparent
reason;
2. That after being arrested while playing inside the “ON-LINE GAMING
ESTABLISHMENT”, he was asked if he brought a car with him. After giving an affirmative answer, he
was made to identify the vehicle and was required to open the same;
3. The accused, knowing for a fact that he has not done anything wrong, refused to open the
said vehicle. Likewise, the key was inadvertently left inside the gaming establishment when the accused
was illegally arrested by the Police Officers;
For refusing to cooperate with the Police Officers, accused was forcibly brought to the PNP Police
Station in San Rafael, Bulacan and was locked inside the jail;
4. On or about 10:00 in the morning of 10 July 2014, in their earnest effort to open the car
used by the accused, the Police Officers even hired a “Locksmith” to open the car. After an hour, the
“Locksmith” was able to open the car;
5. The fact that the car was opened by a “Locksmith” is known to the residents of Barangay
Sampaloc, San Rafael, Bulacan, as the same took place in “broad day light”. Many residents of Barangay
Sampaloc, witnessed the “Locksmith” trying to open the car around 10:00 in the morning, more or less five
(5) hours after the accused was illegally arrested by the Police Officers;
6. The claim of the Police Officers that they arrested the accused while he was inside his
vehicle, is nothing but a mere fabrication to which arresting officers usually resort to in order to justify their
illegal arrests;
7. Further, the claim that one of the arresting officers saw the subject “firearm” cannot be
given any credence due to the fact that the windows of the vehicle used by the accused was heavily tinted,
aside from the fact that the car was closed;
8. The accused in his attempt to substantiate the allegations in the instant motion, requested
for the production of the CCTV Video of “E-GAMES, San Rafael” on the subject dates, as well as the
Police Blotter of San Rafael, Police Station.
The aforementioned pieces of evidence will prove the claim of the accused anent his illegal arrest
and at the same time disprove the false allegations made by the Police Officers.
DISCUSSION / ARGUMENTS
9. As earlier stated, the accused was arrested by the Police Officers while playing inside an
“On-Line Gaming Establishment” (E-GAMES, San Rafael), a completely legal and valid activity.
The Police Officers, not having any warrant, illegally arrested the accused, and justified the same
by creating a following scenario, to wit:
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
As per allegations of the arresting officers, after receiving a telephone call providing information
that a certain person in a white car was carrying a gun.
After which, they immediately drove to Barangay Sampaloc and saw a white car parked in front of
the “E-GAMES” establishment. Thereafter, they parked their patrol vehicle at the back of the white car;
Upon parking their patrol vehicle, the Police Officers went out of their vehicle and went to the
person who was sitting in the driver’s seat. As they were getting nearer, the person on the driver’s side
blurted out the words “ANO ANG PROBLEMA” and immediately flashed a “badge” and introduced
himself as an “NBI”;
Doubtful on the authenticity of the badge being flashed by the accused, the Police Officers ordered
the accused to step out of the vehicle and to present proof that will establish that he indeed belongs to the
NBI but failed to present any proof.
It was also during that point in time that the Police Officer noticed a hand gun inserted inside a
holster on top of the seat of the car and after seeing the same he instructed one of his companions to get the
hand gun.
Based on the foregoing scenario created, it clearly appears that the instant complaint against the
accused emanated from the latter’s alleged flashing of a “fake badge”.
10. Unfortunately for the Police Officers, even the Office of the Provincial Prosecutor did not
buy into the scenario being presented. As a matter of fact, the Provincial Prosecutor DISMISSED the
complaint for “Usurpation of Authority” filed against herein accused.
With all due respect, the scenario being presented by the Police Officers goes even against logic.
Realistically, it is utter stupidity to present a “fake badge” to a group of Police Officers knowing that you
are not committing anything illegal.
Why would the accused create a problem for himself by flashing a fake badge to a group of
Policemen? The same simply contradicts normal human behaviour. The scenario presented by the utterly
lacks credibility and believability, as well.
11. It clearly appears from the foregoing that the Police Officers effected the arrest of the
accused because he was flashing a “fake badge”. Unfortunately, in view of the fact that the complaint for
“Usurpation of Authority” was thrown out of the window by the Provincial Prosecutor, the basis for the
arrest of the accused is now standing on very shaky ground.
The fact that the complaint “Usurpation of Authority” was dismissed by the Prosecutor’s Office,
the legality of the arrest of the accused is highly questionable, to say the least;
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
12. In view of the illegality of the arrest of the accused, any and all evidence obtained by the
Police Officers cannot be admitted in any proceeding.
“The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after examination under oath or
affirmation of the complaint and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.” (emphasis and
underscoring supplied)
In relation thereto, Article III, Section 3 (2) of the 1987 Constitution provides for the consequence
of failure to observe the aforementioned constitutional provision, to wit:
As earlier stated, as per account of the accused, it is glaring that his rights have been trampled upon
by the arresting officers. Worst, in an effort to justify their wrong doing, the Police Officers came up with
a fabricated scenario.
The fact that the accused was arrested based on a fabricated scenario will not erase the fact that any
and all evidence obtained by the arresting officer will be inadmissible in any proceeding.
Based on the Constitution and pertinent jurisprudence, all the evidence obtained from illegal arrest
of the accused must be declared inadmissible in any proceeding, to wit:
“Hence, as a general rule, a search and seizure must be carried through with
judicial warrant, otherwise, such search and seizure constitutes a derogation of a
constitutional right” (Epie, Palasi, petitioners versus Ulat-Marredo, People of the
Philippines, respondents; G.R. No. 148117; March 22, 2007)
Relevantly, as held in the case of People of the Philippines versus Jack Racho, to wit:
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By: Paolo Ollero “With God, all things are possible (Matthew 19:26)”
13. For the guidance of this Honorable Court, the filing of the instant complaint by the Police
Officers was ill-motivated.
It is known fact in San Rafael, Bulacan that the accused is a “high-roller”, so to speak, in the “E-
GAMES” located in said place. As a matter of fact, whenever the accused wins in the “E-GAMES”,
everybody in the establishment, whether you are a player, employee, even the Security Guards, will get a
generous “balato” or “tip” from the accused. This fact is presumably known to the Police due to the fact
that the “E-GAMES” is situated just beside a Police Station.
In view of his reputation as a “high-roller”, the accused is a prime target for extortion and other
money-making activities.
True to form, after being put to jail by the arresting officers, the accused was initially wondering
why was he illegally arrested and now spending time in jail, in view of the fact that he has not done anything
illegal, neither did he, as far as he can recall, commit any wrong doing against the Police Officers. However,
the light dawned upon the accused when one of the arresting officers approached the accused right after
being put to jail and demanded for the amount of ONE MILLION PESOS (Php 1, 000, 000. 00) from the
accused in exchange for his liberty or else they will file numerous charges against the accused, including
possession of illegal drugs.
Despite the threat of continued incarceration, the accused adamantly refused to give in to the
demands of the Police Officers. After conveying his refusal, the Police Officers proceeded with their ill
design to file trumped-up charges against the accused. Thus, the instant charge has been filed against the
accused.
In relation to the foregoing, the accused is contemplating on filing a complaint against the Police
Officers involved in his illegal arrest, as well as the planting of evidence against him.
In view of the foregoing, there are bases, both legal and factual to dismiss and / or quash the
information filed against herein accused.
Other reliefs, just and equitable under the premises, are likewise prayed for.
12 August 2014.
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For the Firm:
ATTY. TTT
IBP NO. 000001; January 2, 2014; Quezon City
PTR NO. 000001; January 2, 2014; Quezon City
Roll NO.000001
MCLE Compliance IV-0000001, April 30, 2012
Notice of Hearing:
Greetings:
Please submit the foregoing MOTION TO QUASH for the consideration and approval of this Honorable
Court on 22 August 2014 at 8:30 in the morning.
ATTY. TTT
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XXX,
Petitioner,
YYY,
Respondents.
x-----------------------------------------------x
1. As per information gathered by the petitioner from the court’s process server, summons together
with the complaint and its annexes were served upon respondents. However respondents Lagrimas Untalan-
Viray was allegedly abroad at the time summons were served upon her residence but which was not
acknowledged by the person found at her residence;
2. Under the circumstances, the summons are deemed validly served not only upon the respondent
Municipal Trial Court of Calasiao but also upon respondent Lagrimas Untalan-Viray;
3. To date and despite the lapse of reglementary period to file answer or any responsive pleading,
respondents failed to file an answer or any responsive pleading;
4. Under the Rules the respondents may now be declared in default and that the petitioner be
allowed to present evidence ex-parte.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that an
Order issue declaring the respondents in default and allowing the petitioner to present evidence ex-parte.
Other reliefs just and equitable under the premises are also prayed for.
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ATTY. TTT
Counsel for the Petitioner
(Address)
PTR N0.001;3-19-99;Quezon City
IBP N0.001;3-19-99;Quezon City
Roll N0.001
NOTIFICATION
Lagrimas Untalan-Viray
Brgy. Macabio, Calasiao,
Pangasinan
G R E E T I N G S:
Please be notified that the undersigned shall submit the foregoing motion for the consideration and
resolution of this Honorable Court on June 27, 2015 at 9:00 o’clock in the morning.
ATTY. TTT
Service of copy of this pleading to the respondents by registered mail was resorted to as personal
service is not practicable due to time constraints and lack of personnel and the distance between the
undersigned’s office and that of the respondents.
Copy furnished:
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