Beruflich Dokumente
Kultur Dokumente
In Partial Fulfilment
of the Requirements for the Subject
BASIC LEGAL ETHICS
That is why, when we were tasked by Atty. Elijo to have our court
observation, I can’t help but to feel excited and giddy.
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conduct himself with courtesy, fairness and candor towards his professional
colleague.
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already resolved, thus moot and academic. I have observed that opposing
counsels let each other finished their respective arguments first before
objecting or rebutting. By just looking at them, especially in defending their
causes and answering questions thrown to them by the judge, I started to
imagine myself and reflects if in my own time as a lawyer, would I be a good
litigator as them? Or If I can answer the questions asked of me by the
judge? I started to get nervous but at the same time inspired.
The third and last case that I have attended that day with the same
branch was F. Gurrea Construction, Inc. vs. Mandarin Resort Development
Corp. involving a civil case for a collection of sum of money and damages.
To my surprise, after the end of the second case, all the people in the
courtroom went out leaving Atty. Daquillanea alone before the Judge. He
represents for the plaintiff which I noticed not with him. Unfortunately, the
defendant and his counsel were not also present. After Atty. Daquillanea
entered his appearance, he immediately ask for the hearing to be
rescheduled on the ground of the absence of his opponent. Through the
discretion of the court, Judge Galvez granted such petition.
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To conclude, this first-hand information which I learned from having
a chance to observe court hearings greatly fueled my desire to become a
lawyer. What we learned from school finally come alive. Seeing what really
happens in a litigation and looking to lawyers interactively arguing and
competently defending their clients gives a feeling of pride. It made me
realize that every hardship in law school is worth it. It inspires, motivates and
gives me the thought that someday, in God’s will, I will also see myself
standing in front of the judge together with my clients entering my
appearance.
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Four Fold Duties and Dilemmas
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There are also some other instances where President Duterte violates the Constitution. To name
one, Senior Associate Justice Antonio Carpio declared that President Rodrigo Duterte violated the
Constitution when he proclaimed martial law in Mindanao when the actual rebellion was confined
inside the boundaries of Marawi City. By his actions, Carpio said Duterte has “unlawfully reinstated”
imminent danger as a basis for martial law. Carpio said that framers of the 1987 Constitution had
removed imminent danger as a ground because presidents could abuse it to invoke martial law.
An expert on maritime law believes President Rodrigo Duterte may have violated the
Constitution when he permitted China to conduct surveys in Benham Rise. A senator also
asked for a probe into the President's actions, saying it is an impeachable offense.
Rule 10.03 A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice. Thus, due process is required.
However, going back to the same issue with the Presiden Duterte, he then
again fails to observe this ethical requiremenent imposed to him as a
lawyer.
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aspiring lawyers. This got us wondering that how can a lawyer like President
Duterte be a good example and model to us if he, himself cannot even
respect and abide ethical rules he is required to possess.
Towards his obliagtion to the legal profession, a lawyer must not engage in
conduct which is dishonest or disreputable or which would demonstrate
that a practitioner is a fit and proper person to practise law, would diminish
the public confidence in the administration of justice or bring the profession
into disreoute. He must also avoid any compromise of their integrity and
professional independence.
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Text Format and Paper Size
Margins
Page Number
Alignment: Right
Font: Century Gothic
Font Size: 12
Note: The title page should not contain a page number. Page
number should start on the second page.
Please Note
The body should be written in plain text but note that the header of
a sub-topic be written in bold. Just like the “Please Note”, the “Margins”,
and the “Text Format and Paper Size”.
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