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Legal Ethics 11.13.2013 Cayetano Vs.

Monsod

FACTS

Monsod was nominated by !esident A"#ino to the $osition o% Chai!man o% the C&MELEC on A$!il 2'( 1))1. Cayetano o$$osed the nomination beca#se allegedly Monsod does not $ossess the !e"#i!ed "#ali%ication o% ha*ing been engaged in the $!actice o% law %o! at least ten yea!s. Challenging the *alidity o% the con%i!mation by the Commission on A$$ointments o% Monsod+s nomination( $etitione! %iled a $etition %o! Ce!tio!a!i and !ohibition $!aying that said con%i!mation and the conse"#ent a$$ointment o% Monsod as Chai!man o% the Commission on Elections be decla!ed n#ll and *oid beca#se Monsod did not meet the !e"#i!ement o% ha*ing $!acticed law %o! the last ten yea!s.

,SS-E. /hethe! o! not Monsod satis%ies the !e"#i!ement o% the $osition o% Chai!man o% the C&MELEC.

0EL1. The $!actice o% law is not limited to the cond#ct o% cases in co#!t. A $e!son is also conside!ed to be in the $!actice o% law when he. 2. . . %o! *al#able conside!ation engages in the b#siness o% ad*ising $e!son( %i!ms( associations o! co!$o!ations as to thei! !ights #nde! the law( o! a$$ea!s in a !e$!esentati*e ca$acity as an ad*ocate in $!oceedings $ending o! $!os$ecti*e( be%o!e any co#!t( commissione!( !e%e!ee( boa!d( body( committee( o! commission constit#ted by law o! a#tho!i3ed to settle cont!o*e!sies. &the!wise stated( one who( in a !e$!esentati*e ca$acity( engages in the b#siness o% ad*ising clients as to thei! !ights #nde! the law( o! while so engaged $e!%o!ms any act o! acts eithe! in co#!t o! o#tside o% co#!t %o! that $#!$ose( is engaged in the $!actice o% law.4

Atty. Ch!istian Monsod is a membe! o% the hili$$ine 5a!( ha*ing $assed the ba! e6aminations o% 1)70 with a g!ade o% 87.''9. 0e has been a d#es $aying membe! o% the ,nteg!ated 5a! o% the hili$$ines since its ince$tion in 1):2;:3. 0e has also been $aying his $!o%essional license %ees as lawye! %o! mo!e than ten yea!s. Atty. Monsod+s $ast wo!< e6$e!iences as a lawye!;economist( a lawye!;manage!( a lawye!;ent!e$!ene#! o% ind#st!y( a lawye!;negotiato! o% cont!acts( and a lawye!; legislato! o% both the !ich and the $oo! = *e!ily mo!e than satis%y the constit#tional !e"#i!ement = that he has been engaged in the $!actice o% law %o! at least ten yea!s

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Legal Ethics 11.13.2013 ,? @E. C-?A?A? Facts. ; Cont!o*e!sies a!ose when @e$#blic Act ?o. ):2 25a! Fl#n<e!s+ Act o% 1)'34 was enacted. ; -nde! the @#les o% Co#!t go*e!ning admission to the ba!( 2in o!de! that a candidate A%o! admission to the 5a!B may be deemed to ha*e $assed his e6aminations s#ccess%#lly( he m#st ha*e obtained a gene!al a*e!age o% :' $e! cent in all s#bCects( witho#t %alling below '0 $e! cent in any s#bCect.4 A@#le 12:( sec. 1D( @#les o% Co#!tB. ; 5elie*ing themsel*es as %#lly "#ali%ied to $!actice law as those !econside!ed and $assed by this co#!t( and %eeling conscio#s o% ha*ing been disc!iminated against( #ns#ccess%#l candidates who obtained a*e!ages o% a %ew $e!centage lowe! than those admitted to the 5a! agitated in Cong!ess %o!( and sec#!ed in 1)'1 the $assage o% Senate 5ill ?o. 12 which( among othe!s( !ed#ced the $assing gene!al a*e!age in ba! e6aminations to :0 $e! cent e%%ecti*e since 1)D7. ; The co#!t e6$!essed thei! #n%a*o!able o$inion abo#t the bill $assed by the Senate. ; &n E#ne 21( 1)'3( the !esident allowed @.A. ):2 to become a law witho#t his signat#!e. ; A%te! its a$$!o*al( many #ns#ccess%#l ba! candidates a$$ealed and !e"#ested %o! the !e;e6amination o% thei! g!ades. ,ss#e. /hethe! o! not @e$#blic Act ?o. ):2 is constit#tional. 0eld. The $#blic inte!est demands o% legal $!o%ession ade"#ate $!e$a!ation and e%%iciency( $!ecisely mo!e so as legal $!oblem e*ol*ed by the times become mo!e di%%ic#lt. An ade"#ate legal $!e$a!ation is one o% the *ital !e"#isites %o! the $!actice o% law that sho#ld be de*elo$ed constantly and maintained %i!mly. To the legal $!o%ession is ent!#sted the $!otection o% $!o$e!ty( li%e( hono! and ci*il libe!ties. To a$$!o*e o%%icially o% those inade"#ately $!e$a!ed indi*id#als to dedicate themsel*es to s#ch a delicate mission is to c!eate a se!io#s social dange!. Mo!eo*e!( the statement that the!e was an ins#%%iciency o% legal !eading mate!ials is g!ossly e6agge!ated. The!e is no e6$!ess $!o*ision in the Constit#tion which indicates an intent that this t!aditional $owe! o% the C#dicial de$a!tment sho#ld in any manne! be s#bCect to legislati*e cont!ol. e!ha$s the dominant tho#ght o% the %!ame!s o% o#! constit#tion was to ma<e the th!ee g!eat de$a!tments o% go*e!nment se$a!ate and inde$endent o% one anothe!. The idea that the Legislat#!e might emba!!ass the C#dicial de$a!tment by $!esc!ibing inade"#ate "#ali%ications %o! atto!neys at law is inconsistent with the dominant $#!$ose o% ma<ing the C#dicial inde$endent o% the

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Legal Ethics 11.13.2013 legislati*e de$a!tment( and s#ch a $#!$ose sho#ld not be in%e!!ed in the absence o% e6$!ess constit#tional $!o*isions. Admission to the $!actice o% law is the e6e!cise o% a C#dicial %#nction( and is an inhe!ent $owe! o% the co#!t. &n this matte! the!e is ce!tainly a clea! distinction between the %#nctions o% the C#dicial and legislati*e de$a!tments o% the go*e!nment. The $o!tion o% a!ticle 1 o% @e$#blic Act ?o. ):2 !e%e!!ing to the e6aminations o% 1)D7 to 1)'2( and AbB all o% a!ticle 2 o% said law a!e #nconstit#tional and( the!e%o!e( *oid and witho#t %o!ce and e%%ect. Fo! lac< o% #nanimity in the eight E#stices( that $a!t o% a!ticle 1 which !e%e!s to the e6aminations s#bse"#ent to the a$$!o*al o% the law( that is %!om 1)'3 to 1)'' incl#si*e( is *alid and shall contin#e to be in %o!ce( in con%o!mity with section 10( a!ticle V,, o% the Constit#tion. The $etitions o% candidates who %ailed %!om 1)D7 to 1)'3 a!e denied. All candidates o% obtained a gene!al a*e!age o% :1.' witho#t a g!ade '09 below any s#bCect in the 1)'3 ba! e6aminations( a!e conside!ed ha*ing $assed. ,? @E. E1,LL&? Facts. The !es$ondent Ma!cial A. Edillon is a d#ly licensed $!acticing atto!ney in the hili$$ines. The ,5 5oa!d o% Fo*e!no!s !ecommended to the Co#!t the !emo*al o% the name o% the !es$ondent %!om its @oll o% Atto!neys %o! 2st#bbo!n !e%#sal to $ay his membe!shi$ d#es4 to the ,5 since the latte!+s constit#tion notwithstanding d#e notice. Edilion contends that the $!o*ision $!o*iding %o! the ,5 d#es constit#te an in*asion o% his constit#tional !ights in the sense that he is being com$elled( as a $!e; condition to maintaining his stat#s as a lawye! in good standing( to be a membe! o% the ,5 and to $ay the co!!es$onding d#es( and that as a conse"#ence o% this com$elled %inancial s#$$o!t o% the said o!gani3ation to which he is admittedly $e!sonally antagonistic( he is being de$!i*ed o% the !ights to libe!ty and $!o$e!ty g#a!anteed to him by the Constit#tion. 0ence( the !es$ondent concl#des( the abo*e $!o*isions o% the Co#!t @#le and o% the ,5 5y;Laws a!e *oid and o% no legal %o!ce and e%%ect.

,ss#e.

/&? the $ayment o% ,5 d#es s#%%e!s constit#tional in%i!mityG ?&

0eld.

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Legal Ethics 11.13.2013 All legislation di!ecting the integ!ation o% the 5a! ha*e been #ni%o!mly and #ni*e!sally s#stained as a *alid e6e!cise o% the $olice $owe! o*e! an im$o!tant $!o%ession. The $!actice o% law is not a *ested !ight b#t a $!i*ilege( a $!i*ilege mo!eo*e! clothed with $#blic inte!est beca#se a lawye! owes s#bstantial d#ties not only to his client( b#t also to his b!eth!en in the $!o%ession( to the co#!ts( and to the nation( and ta<es $a!t in one o% the most im$o!tant %#nctions o% the State = the administ!ation o% C#stice = as an o%%ice! o% the co#!t. /hen the !es$ondent Edillon ente!ed #$on the legal $!o%ession( his $!actice o% law and his e6e!cise o% the said $!o%ession( which a%%ect the society at la!ge( we!e Aand a!eB s#bCect to the $owe! o% the body $olitic to !e"#i!e him to con%o!m to s#ch !eg#lations as might be established by the $!o$e! a#tho!ities %o! the common good( e*en to the e6tent o% inte!%e!ing with some o% his libe!ties. ,% he did not wish to s#bmit himsel% to s#ch !easonable inte!%e!ence and !eg#lation( he sho#ld not ha*e clothed the $#blic with an inte!est in his conce!ns. To com$el a lawye! to be a membe! o% the ,nteg!ated 5a! is not *iolati*e o% his constit#tional %!eedom to associate. 7 5a! integ!ation does not com$el the lawye! to associate with anyone. 0e is %!ee to attend o! not attend the meetings o% his ,nteg!ated 5a! Cha$te! o! *ote o! !e%#se to *ote in its elections as he chooses. The only com$#lsion to which he is s#bCected is the $ayment o% ann#al d#es. The S#$!eme Co#!t( in o!de! to %#!the! the State+s legitimate inte!est in ele*ating the "#ality o% $!o%essional legal se!*ices( may !e"#i!e that the cost o% im$!o*ing the $!o%ession in this %ashion be sha!ed by the s#bCects and bene%icia!ies o% the !eg#lato!y $!og!am = the lawye!s. S#ch com$#lsion is C#sti%ied as an e6e!cise o% the $olice $owe! o% the State. /hyG The !ight to $!actise law be%o!e the co#!ts o% this co#nt!y sho#ld be and is a matte! s#bCect to !eg#lation and in"#i!y. And( i% the $owe! to im$ose the %ee as a !eg#lato!y meas#!e is !ecogni3e( then a $enalty designed to en%o!ce its $ayment( which $enalty may be a*oided altogethe! by $ayment( is not *oid as #n!easonable o! a!bit!a!y. ,? @E. 5A@ EHAM,?EE 0A@&? S MEL,?F FACTS. to dis"#ali%y 0a!on S. Meling AMelingB %!om ta<ing the 2002 5a! E6aminations and to im$ose on him the a$$!o$!iate disci$lina!y $enalty as a membe! o% the hili$$ine Sha!i+a 5a!. ,n the etition( Melend!e3 alleges that Meling did not disclose in his etition to ta<e the 2002 5a! E6aminations that he has th!ee A3B $ending c!iminal cases be%o!e the M#nici$al T!ial Co#!t in Cities AMTCCB( Cotabato City( namely. C!iminal Cases ?oa. 1'78' and 1'787( both %o! F!a*e &!al 1e%amation( and C!iminal Case ?o. 1'78: %o! Less Se!io#s hysical ,nC#!ies. The abo*e;mentioned cases a!ose %!om an incident which occ#!!ed on May 21( 2001( when Meling allegedly #tte!ed de%amato!y wo!ds against Melend!e3 and his wi%e in %!ont o% media $!actitione!s and othe! $eo$le. Meling also $#!$o!tedly attac<ed and hit the %ace o% Melend!e3+ wi%e ca#sing the inC#!ies to the latte!. D> age

Legal Ethics 11.13.2013 F#!the!mo!e( Melend!e3 alleges that Meling has been #sing the title 2Atto!ney4 in his comm#nications( as Sec!eta!y to the Mayo! o% Cotabato City( des$ite the %act that he is not a membe! o% the 5a!. Attached to the etition is an indo!sement lette! which shows that Meling #sed the a$$ellation and a$$ea!s on its %ace to ha*e been !ecei*ed by the Sangg#niang angl#ngsod o% Cotabato City on ?o*embe! 2:( 2001. Meling e6$lains that he did not disclose the c!iminal cases %iled against him by Melend!e3 beca#se !eti!ed E#dge Co!ocoy Moson( thei! %o!me! $!o%esso!( ad*ised him to settle his mis#nde!standing with Melend!e3. 5elie*ing in good %aith that the case wo#ld be settled beca#se the said E#dge has mo!al ascendancy o*e! them( he being thei! %o!me! $!o%esso! in the College o% Law( Meling conside!ed the th!ee cases that act#ally a!ose %!om a single incident and in*ol*ing the same $a!ties as 2closed and te!minated.4 Mo!eo*e!( Meling denies the cha!ges and adds that the acts com$lained o% do not in*ol*e mo!al t#!$it#de. 0EL1. The me!it o% the cases against Meling is not mate!ial in this case. /hat matte!s is his act o% concealing them which constit#tes dishonesty. the &5C !ecommended that Meling not be allowed to ta<e the Lawye!+s &ath and sign the @oll o% Atto!neys in the e*ent that he $asses the 5a! E6aminations. F#!the!( it !ecommended that Meling+s membe!shi$ in the Sha!i+a 5a! be s#s$ended #ntil %#!the! o!de!s %!om the Co#!t.I:J /e %#lly conc#! with the %indings and !ecommendation o% the &5C. Meling( howe*e!( did not $ass the 2003 5a! E6aminations. This !ende!s the etition( inso%a! as it see<s to $!e*ent Meling %!om ta<ing the Lawye!+s &ath and signing the @oll o% Atto!neys( moot and academic. &n the othe! hand( the $!aye! in the same etition %o! the Co#!t to im$ose the a$$!o$!iate sanctions #$on him as a membe! o% the Sha!i+a 5a! is !i$e %o! !esol#tion and has to be acted #$on. The Co#!t decla!ed that. K$e!sons who $ass the Sha!i+a 5a! a!e not %#ll;%ledged membe!s o% the hili$$ine 5a!( hence( may only $!actice law be%o!e Sha!i+a co#!ts. /hile one who has been admitted to the Sha!i+a 5a!( and one who has been admitted to the hili$$ine 5a!( may both be conside!ed 2co#nselo!s(4 in the sense that they gi*e co#nsel o! ad*ice in a $!o%essional ca$acity( only the latte! is an 2atto!ney.4 The title 2atto!ney4 is !ese!*ed to those who( ha*ing obtained the necessa!y deg!ee in the st#dy o% law and s#ccess%#lly ta<en the 5a! E6aminations( ha*e been admitted to the ,nteg!ated 5a! o% the hili$$ines and !emain membe!s the!eo% in good standingL and it is they only who a!e a#tho!i3ed to $!actice law in this C#!isdiction etition is F@A?TE1 inso%a! as it see<s the im$osition o% a$$!o$!iate sanctions #$on 0a!on S. Meling as a membe! o% the hili$$ine Sha!i+a 5a!. Acco!dingly( the membe!shi$ o% 0a!on S. Meling in the hili$$ine Sha!i+a 5a! is he!eby S-S E?1E1 #ntil %#!the! o!de!s %!om the Co#!t( the s#s$ension to ta<e e%%ect immediately. ,nso%a! as the etition see<s to $!e*ent 0a!on S. Meling %!om ta<ing the Lawye!+s &ath and signing the @oll o% Atto!neys as a membe! o% the hili$$ine 5a!( the same is 1,SM,SSE1 %o! ha*ing become moot and academic

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Legal Ethics 11.13.2013 ,? @E. A@F&S,?& FACTS. Al Ca$a!!os A!gosino had $assed the ba! e6aminations b#t was denied o% ta<ing the Lawye!+s &ath and to sign the @olls o% Atto!neys d#e to his con*iction o% 2!ec<less im$!#dence !es#lting in homicide4 %!om a ha3ing incident. Late! in his sentence( he was g!anted $!obation by the co#!t. 0e %iled a $etition to the S#$!eme Co#!t $!aying that he be allowed to ta<e the Lawye!+s &ath and sign the @olls o% Atto!neys. As a $!oo% o% the !e"#i!ed good mo!al cha!acte! he now $ossess( he $!esented no less than %i%teen A1'B ce!ti%ications among othe!s %!om. two A2B senato!s( %i*e A'B t!ial co#!t C#dges( and si6 A7B membe!s o% !eligio#s o!de!. ,n addition( he( togethe! with the othe!s who we!e con*icted( o!gani3ed a schola!shi$ %o#ndation in hono! o% thei! ha3ing *ictim.

,SS-E. /hethe! o! not M!. A!gosino sho#ld be allowed to ta<e the Lawye!+s &ath( sign the @olls o% Atto!neys( and $!actice law. 0EL1. MES. etition g!anted. @AT,&. Fi*en the %act that M!. A!gosino had e6hibited com$etent $!oo% that he $ossessed the !e"#i!ed good mo!al cha!acte! as !e"#i!ed be%o!e ta<ing the Lawye!+s &ath and to sign the @olls o% Atto!neys( the S#$!eme Co#!t conside!ed the $!emises that he is not inhe!ently in bad mo!al %ibe!. ,n gi*ing the bene%it o% the do#bt( M!. A!gosino was %inally !eminded that the Lawye!+s &ath is not me!ely a ce!emony o! %o!mality be%o!e the $!actice o% law( and that the comm#nity assistance he had sta!ted is e6$ected to contin#e in se!*ing the mo!e #n%o!t#nate membe!s o% the society. The co#!t #$held the $!inci$le o% maintaining the good mo!als o% all 5a! membe!s( <ee$ing inmind that s#ch is o% g!eate! im$o!tance so %a! as the gene!al $#blic and the $!o$e! administ!ation o% C#stice a!e conce!ned( than the $ossession o% legal lea!ning. 0ence he was as<ed by the co#!t to $!od#cee*idence that wo#ld ce!ti%y that he has !e%o!med and ha*e become a !es$onsible membe! o% thecomm#nity th!o#gh swo!n statements o% indi*id#als who ha*e a good !e$#tation %o! t!#th and who ha*eact#ally <nown M!. A!gosino %o! a signi%icant $e!iod o% time to ce!ti%y he is mo!ally %it to the admission o% the law $!o%ession. ,? @E TELESF&@& 1,A& 1. 1. FACTS. 1,A& was admitted to the 5a!. 2 yea!s late!( Ma!tine3 cha!ged him with ha*ing %alsely !e$!esented in his a$$lication %o! the 5a! e6amination( that he had the !e"#isite academic "#ali%ications. 7> age

Legal Ethics 11.13.2013 2. 1. 2. 3. 2. Solicito! Fene!al in*estigated and !ecommended that 1iaoNs name be e!ased %!om the !oll o% atto!neys i. 1,A& did not com$lete $!e;law s#bCects. 1id not com$lete his high school t!aining ?e*e! attended O#is#mbing College ?e*e! obtained a di$loma. 1,A& admitting %i!st cha!ge b#t claims that altho#gh he had le%t high school in his thi!d yea!( he ente!ed the se!*ice o% the -.S. A!my( $assed the Fene!al Classi%ication Test gi*en the!ein( which Aacco!ding to himB is e"#i*alent to a high school di$loma -$on !et#!n to ci*ilian li%e( the ed#cational a#tho!ities conside!ed his a!my se!*ice as the e"#i*alent o% 3!d and Dth yea! high school. ?o ce!ti%ication. 0owe*e!( it is #nnecessa!y to dwell on this( since the second cha!ge is clea!ly me!ito!io#s. i. ?e*e! obtained his di$loma. %!om O#is#mbing CollegeL and yet his a$$lication %o! e6amination !e$!esented him as an A.A. g!ad#ate. ii. ?ow( asse!ting he had obtained his A.A. title %!om the A!ellano -ni*e!sity in A$!il( 1)D) 0e said e!!oneo#sly ce!ti%ied( d#e to con%#sion( as a g!ad#ate o% O#is#mbing College( in his school !eco!ds. ,SS-E. /&? 1,A& still contin#e admission to the 5a!( %o! $assing the 5a! des$ite not com$leting $!e;law !e"#i!ementsG ?&. 0EL1. ST@,PE &-T ?ME &F 1,A& ,? @&LL &F ATT&@?EMS. 1,A& @EO-,@E1 T& @ET-@? 0,S LA/ME@+S 1, L&MA /,T0,? 30 1AMS. E6$lanation o% e!!o! o! con%#sion is not acce$table. 0ad his a$$lication disclosed his ha*ing obtained A.A. %!om A!ellano -ni*e!sity( it wo#ld also ha*e disclosed that he got it in April, 1949( the!eby showing that he began his law st#dies A2nd semeste! o% 1)D8;1)D)B six months before obtaininghis Associate in A!ts deg!ee. 0e wo#ld not ha*e been $e!mitted to ta<e the ba! tests. i. 5a! a$$licant m#st a%%i!m #nde! oath( QThat $!e*io#s to the st#dy o% law( he had s#ccess%#lly and satis%acto!ily com$leted the !e"#i!ed $!e;legal ed#cation AA.A.B. ii. The!e%o!e( 1iao was not "#ali%ied to ta<e the ba! e6aminations iii. S#ch admission ha*ing been obtained #nde! %alse $!etenses m#st be( and is he!eby !e*o<ed. assing s#ch e6aminations is not the only "#ali%ication to become an atto!ney;at;lawL ta<ing the $!esc!ibed co#!ses o% legal st#dy in the !eg#la! manne! is equally essential.

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Legal Ethics 11.13.2013

,n @E. etition %o! @einstatement in the @oll o% Atto!neys( E-A? T. -5L,C& ,n @E. etition %o! @einstatement in the @oll o% Atto!neys( E-A? T. -5L,C& 1. 1. 2. FACTS. T0@EE ET,T,&?S A%!om #blico( %ac#lty o% olytechnic -ni*e!sity( Ci*ic Association in ManilaB. etition to ta<e the 5a! E6am in 1)70 a%te! %ailing in the 1)') 5a! E6amination. 0is #ncle( TA EL( o$$osed the $etition alleging that his ne$hew is not a $e!son o% good mo!al cha!acte! %o! ha*ing mis!e$!esented( sometime in 1)'0( when he was 17 yea!s old( that he was eligible %o! 3 !d yea! high school by #tili3ing the school !eco!ds o% his co#sin and name;sa<e( E#an M. #blico. i. -5L,C& has not com$leted F!ade D ii. Ta$el instit#ted an administ!ati*e case against his ne$hew %o! %alsi%ication o% school !eco!ds o! c!edentials. -5L,C& ASSE1 T0E 5A@( too< the lawye!Ns oath( and signed the @oll o% Atto!neys. Legal &%%ice!;,n*estigato!( @ica!do a!as( E!.( in*estigated and !e$o!ted. Se$tembe! 1)71( 1#lcisimo Ta$el d!o$$ed the com$laint on the g!o#nd that his witnesses had t#!ned hostile. i. Motion denied( his witnesses had al!eady testi%ied. @ecommended -5L,C&+s name to be st!ic<en o%% the !oll o% atto!neys. i. @es$ondent %alsi%ied his school !eco!ds ii. The!eby *iolating the $!o*isions o% Sections ' and 7( @#le 12: o% the @#les o% Co#!t( which !e"#i!e com$letion by a ba! e6aminee o! candidate o% the $!esc!ibed co#!ses in elementa!y( high( $!e;law and law school( $!io! to his admission to the $!actice o% law. 11 yea!s late!( -5L,C& %iled a etition %o! @einstatement alleging that he had ne*e! !ecei*ed( %o! had he been in%o!med( no! did he ha*e any <nowledge o% the @esol#tion o% the Co#!t o!de!ing the 5a! 1i*ision to st!i<e his name %!om the @oll o% Atto!neys. 0e was ad*ised to in"#i!e into the o#tcome o% the disba!ment case against him. 0e !esigned %!om all his $ositions in $#blic and $!i*ate o%%ices( and t!ans%e!!ed to Manila. !ayed that Co#!t allow !einstatement ta<ing into conside!ation his e6em$la!y cond#ct %!om the time he became a lawye!( his se!*ices to the comm#nity the n#me!o#s awa!ds( !esol#tions andRNo! commendations he !ecei*ed( i. Co#!t denied the etition. ii. etitione! mo*ed %o! !econside!ation was denied by the Co#!t %o! lac< o% me!it. 'th $lea a*e!s that his en!ollment in Thi!d Mea! 0igh School in Manila was th!o#gh the initiati*e o% his #ncle( 1#lcisimo 5. Ta$el who accom$anied him to school and en!olled him in a g!ade le*el abo*e his "#ali%ications in s$ite o% his demonst!ations i. Mis!e$!esentation committed was $!eci$itated by his #ncleL that being me!ely 17 yea! old( he co#ld not be e6$ected to act with disce!nment as he was still #nde! the in%l#ence o% his #ncle( who late! on ca#sed his disba!ment 8> age

2. 3. 1. 2.

D.

1. 2. 3.

D.

Legal Ethics 11.13.2013 ii. ?o o$$osition has been %iled to any o% the $etitions.

,SS-E. /&? -5L,C& can be !einstated( %o! being in e6em$la!y mo!al cha!acte! des$ite not com$leting $!e;law !e"#i!ementsG MES. 0EL1. etitione! is he!eby o!de!ed @E,?STATE1 in the @oll o% Atto!neys. @E,?STATEME?T C@,TE@,A. /&? the a$$licant shall be !einstated !ests to a g!eat e6tent in the so#nd disc!etion o% the co#!t( Co#!t action will de$end /&? it decides that the $#blic inte!est in the o!de!ly and im$a!tial administ!ation o% C#stice will be conse!*ed by the a$$licantNs $a!tici$ation the!ein in the ca$acity o% an atto!ney and co#nselo! at law. A$$licant m#st( li<e a candidate %o! admission to the ba!( satis%y the co#!t that he is a $e!son o% good mo!al cha!acte! = a %it and $!o$e! $e!son to $!actice law. Co#!t will ta<e into conside!ation the a$$licantNs cha!acte! and standing $!io! to the disba!ment( the nat#!e and cha!acte! o% the cha!ge %o! which he was disba!!ed( his cond#ct s#bse"#ent to the disba!ment( and the time that has ela$sed between the disba!ment and the a$$lication %o! !einstatement.

1. 1. 2. 3. D.

1EC 30 hili$$ine Association o% F!ee Labo! -nions A AFL-B( En!i"#e Entila and Victo!iano Tena3as *s. 5inalbagan ,sabela S#ga! Com$any( Co#!t o% ,nd#st!ial @elations and O#intin M#ning hili$$ine Association o% F!ee Labo! -nions A AFL-B( En!i"#e Entila and Victo!iano Tena3as *s. 5inalbagan ,sabela S#ga! Com$any( Co#!t o% ,nd#st!ial @elations and O#intin M#ning FACTS. C&-@T &F ,?1-ST@,AL @ELAT,&?S &@1E@E1 @E,?STATEME?T /,T0 5ACP/AFES F&@ E?T,LA A?1 TE?ASAS. 1. Ci$!iano Cid T Associates( co#nsel o% Entila and Tena3as %iled a notice o% atto!neyNs lien e"#i*alent to 309 o% the total bac<wages. i. Entila and Tena3as %iled mani%estation indicating thei! non;obCection to an awa!d o% atto!neyNs %ees %o! 2'9 o% thei! bac<wages ii. O#entin M#ning %iled a Q etition %o! the Awa!d o% Se!*ices @ende!edQ e"#i*alent to 209 o% the bac<wages. 1. &$$osed by Ci$!iano Cid T Associates the g!o#nd that he is not a lawye!. a. Co#!t o% ,nd#st!ial @elations awa!ded 2'9 o% the bac<wages as com$ensation %o! $!o%essional se!*ices !ende!ed in the case( a$$o!tioned as %ollows. i. Ci$!iano 109 ii. O#intin M#ning 109 1. )> age

Legal Ethics 11.13.2013 iii. Atanacio acis '9

1. a. b. 2. 1.

iii. CA?&? 3D. condemns an ag!eement $!o*iding %o! the di*ision o% atto!neyNs %ees( whe!eby a non;lawye! #nion $!esident is allowed to sha!e in said %ees with lawye!s Sec 'AbB o% @A 8:' that =?o C#sti%ication %o! a !#ling( that the $e!son !e$!esenting the $a!ty;litigant in the Co#!t o% ,nd#st!ial @elations( e*en i% he is not a lawye!( is entitled to atto!neyNs %ees 1#ty and obligation o% the Co#!t o! 0ea!ing &%%ice! to e6amine and c!oss e6amine witnesses on behal% o% the $a!ties and to assist in the o!de!ly $!esentation o% e*idence. @e$!esentation sho#ld be e6cl#si*ely ent!#sted to d#ly "#ali%ied membe!s o% the ba!. The $e!mission %o! a non;membe! does not entitle the !e$!esentati*e to com$ensation %o! s#ch !e$!esentation. Sec 2D( @#le 138 Compensation of attorney's agreement as to fees . i. An atto!ney shall be entitled to ha*e and !eco*e! %!om his client no mo!e than a !easonable com$ensation %o! his se!*ices.

a. etition to ta<e the 5a! E6am in 1)70 a%te! %ailing in the 1)') 5a! E6amination. b. 0is #ncle( TA EL( o$$osed the $etition alleging that his ne$hew is not a $e!son o% good mo!al cha!acte! %o! ha*ing mis!e$!esented( sometime in 1)'0( when he was 17 yea!s old( that he was eligible %o! 3 !d yea! high school by #tili3ing the school !eco!ds o% his co#sin and name;sa<e( E#an M. #blico. ii. -5L,C& has not com$leted F!ade D iii. Ta$el instit#ted an administ!ati*e case against his ne$hew %o! %alsi%ication o% school !eco!ds o! c!edentials. 3. -5L,C& ASSE1 T0E 5A@( too< the lawye!Ns oath( and signed the @oll o% Atto!neys. D. Legal &%%ice!;,n*estigato!( @ica!do a!as( E!.( in*estigated and !e$o!ted. 1. Se$tembe! 1)71( 1#lcisimo Ta$el d!o$$ed the com$laint on the g!o#nd that his witnesses had t#!ned hostile. i. Motion denied( his witnesses had al!eady testi%ied. 2. @ecommended -5L,C&+s name to be st!ic<en o%% the !oll o% atto!neys. i. @es$ondent %alsi%ied his school !eco!ds ii. The!eby *iolating the $!o*isions o% Sections ' and 7( @#le 12: o% the @#les o% Co#!t( which !e"#i!e com$letion by a ba! e6aminee o! candidate o% the $!esc!ibed co#!ses in elementa!y( high( $!e;law and law school( $!io! to his admission to the $!actice o% law. '. 11 yea!s late!( -5L,C& %iled a etition %o! @einstatement alleging that he had ne*e! !ecei*ed( %o! had he been in%o!med( no! did he ha*e any <nowledge o% the @esol#tion o% the Co#!t o!de!ing the 5a! 1i*ision to st!i<e his name %!om the @oll o% Atto!neys. 1. 0e was ad*ised to in"#i!e into the o#tcome o% the disba!ment case against him. 2. 0e !esigned %!om all his $ositions in $#blic and $!i*ate o%%ices( and t!ans%e!!ed to Manila. 3. !ayed that Co#!t allow !einstatement ta<ing into conside!ation his e6em$la!y cond#ct %!om the time he became a lawye!( his se!*ices to the comm#nity the n#me!o#s awa!ds( !esol#tions andRNo! commendations he !ecei*ed( 10 > age

Legal Ethics 11.13.2013 i. ii. o% me!it. D. Co#!t denied the etition. etitione! mo*ed %o! !econside!ation was denied by the Co#!t %o! lac<

'th $lea a*e!s that his en!ollment in Thi!d Mea! 0igh School in Manila was th!o#gh the initiati*e o% his #ncle( 1#lcisimo 5. Ta$el who accom$anied him to school and en!olled him in a g!ade le*el abo*e his "#ali%ications in s$ite o% his demonst!ations i. Mis!e$!esentation committed was $!eci$itated by his #ncleL that being me!ely 17 yea! old( he co#ld not be e6$ected to act with disce!nment as he was still #nde! the in%l#ence o% his #ncle( who late! on ca#sed his disba!ment ii. ?o o$$osition has been %iled to any o% the $etitions. ,SS-E. May a non;lawye! !eco*e! atto!neyNs %ees %o! legal se!*ices !ende!edG The awa!d o% 109 to O#intin M#ning who is not a lawye! acco!ding to the o!de!( is so#ght to be *oided in the $!esent $etition. /&? a #nion may a$$eal an awa!d o% atto!neyNs %ees which a!e ded#ctible %!om the bac<$ay o% some o% its membe!s. MES. ,t was AFL- that mo*ed %o! an e6tension o% time to %ile the $!esent $etition %o! !e*iewL #nion membe!s Entila and Tena3as did not as< %o! e6tension b#t they we!e incl#ded as $etitione!s in the $!esent $etition. Thei! incl#sion in the $etition as co;$etitione!s was belated. 0EL1. &@1E@S -?1E@ @EV,E/ A@E SET AS,1E AS T0EM A@E A/A@1E1 109 &F 5ACP/AFES AS ATT&@?EM+S FEES F&@ M-?,?F. C&STS AFA,?ST M-?,?F. Lawye!;client !elationshi$ is only $ossible i% one is a lawye!. Since !es$ondent M#ning is not one( he cannot establish an atto!ney;client !elationshi$ with En!i"#e Entila and Victo!ino Tene3as o! with AFL-( and he cannot( the!e%o!e( !eco*e! atto!neyNs %ees. #blic $olicy demands that legal wo!< in !e$!esentation o% $a!ties litigant sho#ld be ent!#sted only to those $ossessing tested "#ali%ications( %o! the ethics o% the $!o%ession and %o! the $!otection o% co#!ts( clients and the $#blic. The !easons a!e that the ethics o% the legal $!o%ession sho#ld not be *iolated. Acting as an atto!ney with a#tho!ity constit#tes contem$t o% co#!t( which is $#nishable by %ine o! im$!isonment o! both( Law will not assist a $e!son to !ea$ the %!#its o! bene%it o% an act o! an act done in *iolation o% law ,% we!e to be allowed to non;lawye!s( it wo#ld lea*e the $#blic in ho$eless con%#sion as to whom to cons#lt in case o% necessity and also lea*e the ba! in a chaotic condition( aside %!om the %act that non;lawye!s a!e not amenable to disci$lina!y meas#!es. ,n !es$onse to -?,&? may a$$eal an awa!d o% atto!neyNs %ees which a!e ded#ctible %!om the bac<$ay o% some o% its membe!s. MES beca#se s#ch #nion o! labo! o!gani3ation is $e!mitted to instit#te an action in the ind#st!ial co#!t on behal% o% its membe!s ,% an awa!d is disad*antageo#s to its membe!s( the #nion may $!osec#te an a$$eal as an agg!ie*ed $a!ty( #nde! Sec 7( @A 8:'.

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2. 3. 1. 2. 3.

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Legal Ethics 11.13.2013 i. Sec. 7. Unfair Labor Pra ti e ases = Appeals. = Any $e!son agg!ie*ed by any o!de! o% the Co#!t may a$$eal to the S#$!eme Co#!t o% the hili$$ines. 3. -s#ally( indi*id#al #nionist is not in a $osition to bea! the %inancial b#!den o% litigations.

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