[3rd HW]
any position in the IBP or any chapter thereof.
1. What is the effect of complainant’s affidavit of desistance in the
proceedings of the case? (Ventura v. Samson)
In Ventura v. Atty. Samson, the Court held that the complainant's affidavit
of desistance cannot have the effect of abating the administrative
proceedings in view of the public service character of the practice of law
and the nature of disbarment proceedings as a public interest concern.
2. Define the IBP and state the primary purpose of its existence.
The Integrated Bar of the PH is the official unification of the entire lawyer
population in order that all persons admitted to the practice of law may be
made to comply with their duties under their oath.
*Membership in the IBP is mandatory.
3. In general, what are the objectives of the IBP?
In general, the objectives of the IBP under Sec 2. Rule 139-A of the Rules of
Court are:
a. To elevate the standards of the legal profession
b. To improve the administration of justice
c. To enable the bar to discharge its public responsibility more
effectively
4. What is the term of office and state the qualifications to be elected
or appointed to any position in the IBP?
Membership: After taking his oath, a lawyer automatically becomes a
member of the IBO. IBP is an entire unification of the entire lawyer
population.
Term: The IBP is a non-partisan and non-profit organization. Its officials are
elected for a term of two years.
Disqualifications: Lawyers holding an elective, judicial, quasi-judicial or
prosecutor office in the Government or any political subdivision or
instrumentality thereof are not qualified for election or appointment in
5. State in full the Rule which provides in part that a lawyer shall not
knowingly cite as law a provision already rendered inoperative by
repeal or amendment, or assert as a fact that which has not been
proved. (Rule 10.02)
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the
contents of a paper, the language or the argument of opposing counsel, or
the text of a decision or authority, or knowingly cite as law a provision
already rendered inoperative by repeal or amendment, or assert as a fact
that which has not been proved.
6. Under Rule 12.08 “A lawyer shall avoid testifying in behalf of his
client…”, what are the exceptions?
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
ends of justice, in which event he must, during his testimony, entrust the
trial of the case to another counsel.
7. What is the essence of forum shopping? (Suan v. Gonzales)
The essence of forum shopping is the filing of multiple suits involving the
same parties for the same cause of action, either simultaneously or
successively, for the purpose of obtaining a favorable judgment.
8. Cite the ruling of the Supreme Court that “a lawyer shall not
knowingly misquote or misrepresent the contents of a paper” etc.
(Dipad v. Olivan)
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the
contents of a paper, the language or the argument of opposing counsel, or
the text of a decision or authority, or knowingly cite as law a provision
already rendered inoperative by repeal or amendment, or assert as a fact
that which has not been proved.

9. The respondent lawyer attempted to bribe a judge to get a favorable
decision for his client. He visited the judge’s office several times and
consistently called his residence to convince him to inhibit from his
client’s case. What Canon off the CPR was violated by the
respondent lawyer? (Bildner v. Ilusorio)
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.
10. Define counsel de officio.
Counsel de officio is a lawyer appointed by the court to defend an accused
who cannot afford to hire the services of a counsel.
11. Define Notary Public.
A person appointed by the court whose duty is to attest to the
genuineness of any deed or writing in order to render them available as
evidence of facts stated therein and who is authorized by the statute to
administer oaths.
12. What are the qualifications of a notary public?
(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.
13. What is the jurisdiction and term of a notary public?
A notary public may perform notarial acts in any place within the territorial
jurisdiction of the commissioning court for a period of 2 years starting from
the 1st of January of the year which the commissioning is made unless
earlier revoked.
14. What are the powers and limitations of notary publics?
(RULE 4, Rules on Notarial Practice)
POWERS
SECTION 1. Powers. - (a) A notary public is empowered to perform the
following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.
LIMITATIONS
SEC. 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:
(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.
15. What are the instances when a notary public shall not perform a
notarial act?
A person shall not perform a notarial act if:
(1) The person involved as signatory to the instrument or document:
a. Is not in the notary’s presences at the time of the
notarization
b. Is not personally known to the notary public or otherwise
identified by the notary public through competent
evidence of identity as defined by Sec. 2, Rule IV.
(2) The certification contains an information known or believed to be
false
(3) The notarial certificate is incomplete
16. What are the instances when a notary public is disqualified from
performing a notarial act?
A notary public is disqualified from performing a notarial act if he:
a. Is a party to the instrument or document
b. Will receive as 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.
c. Is a spouse or a common law partner, ancestor, descendant or
relative by affinity or consanguinity of the principal within the fourth
civil degree.
17. What are the instances when a notary public may refuse to notarize
even if the appropriate fee is tendered?
SEC. 4. Refusal to Notarize. - A notary public shall not perform any
notarial act described in these Rules for any person requesting such an
act even if he tenders the appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial
act or transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of
the notary public reasonable doubt as to the former's knowledge of
the consequences of the transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is not acting of his or her
own free will. (RULE 4, Rules on Notarial Practice)
18. When may the Executive Judge revoke the commission of, or impose
sanctions upon any notary public?
(Section 1, Rule XI, Rules on Notarial Practice)
SECTION 1. Revocation and Administrative
Sanctions. - (a) The Executive Judge shall revoke a notarial commission for
any ground on which an application for a commission may be denied.
(b) In addition, the Executive Judge may revoke the commission of, or
impose appropriate administrative sanctions upon, any notary public who:
(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) knowingly performs or fails to perform any other act prohibited
or mandated by these Rules; and
(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.

19. When may the Executive Judge cause the prosecution of any person?

(Section 1, Rule XII – Special Provisions, Rules on Notarial Practice)

SECTION 1. Punishable Acts. - The Executive Judge shall cause the

prosecution of any person who:

(a) knowingly acts or otherwise impersonates a notary public;

(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial

register, or official records of a notary public; and

(c) knowingly solicits, coerces, or in any way influences a notary public to

commit official misconduct.

20. Define amicus curiae.

Amicus Curae – is an experienced and impartial lawyer invited by the court

to appear and help in the disposition of the issues submitted to it. An
amicus curae appears in court not to represent any particular party but
only to assist the court.

21. Define amicus curiae par excellence.

Amicus curiae par excellence – bar associations who appear in court as

amici curiae or friends of the court. Acts merely as a consultant to guide
the court in a doubtful question or issue pending before it.

22. Define of counsel.

Of-Counsel – An experienced lawyer usually a retired justice of the

Supreme Court or Court of Appeals employed by law firms as consultants.

23. Define pro se.

“in one’s own behalf”