BASIC LEGAL ETHICS ATTY. THERESA S. DIZON Published & Distributed by REX Book Store fel. Nos. 735-55-27 * Manila, Philippines www.rexpublishing.com.ph Poet teat Seat eadChapter | DEFINITION OF TERMS — is a branch of moral science, which treats of the duties which an attorney owes to the court, to the client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral laws, and special laws/ refers to that class of persons who, by license, are officers of the court and who are empowered to appear, prosecute and defend and on whom peculiar duties, responsibilities and liabilities are devolved by law as a consoquenog those who have assed the regular Philippine Bar examinations, faken the lawyer's oath, and signed the roll of attorneys and thereby may practice law in the Philippines Sonera \Counsel de Parte'— an attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court/The term implies freedom of choice on the part of the attorney to decline or accept the-employment or on the part of the litigant to continue or terminate the retainer at any time; usually with compensation from rmunate t the client. — an attorney appointed by the court to defend an indigent defendant in a criminal action or to represent a destitute party in a casef it connotes little or no choice than the acceptance by the indigent party of whoever is appointed as his counsel; usually minimum compensation or none at all. «Lawyer “of counsel” — is an experienced lawyer, who is usually a retired member of the judiciary, employed by law firms as conultant. — an attorney whose name together with his address is entered in the record of a case as the designatedBASIC LEGAL ETHICS counsel of the party litigant in the case and to whom judicial notices relative thereto are sent. _ “friend of the court”; an experienced and impartial attorney invited by the court to appear and help in the disposition of certain issues submitted to it. \Bench members of the judiciary. \Bar= the legal profession. — 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 Jaw 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 (Renato L. Cayetano, Petitioner v. Christian Monsod, Hon. Jovito R. Salonga, Commission on Appointments, and Hon. Guillermo Carague, In His Capacity as Secretary of Budget and Management, Respondents, G.R. No. 100113, September 3, 1991) (Moral turpitude — it has been said, “includes everything which is done contrary to justice, honesty, modesty, or good morals// (Bouvier’s Law Dictionary, cited by numerous courts) Although no decision can be found which has decided the exact question, it cannot admit of doubt that crimes of this character involve moral turpitude. The inherent nature of the act is such that it is against good morals and the accepted rule of right conduct, (Teves v. COMELEC and Teves, G.R. No. 180363, April 28, 2009) See citations in the preceding pages discussing Teves v. Comelec and Teves. Crimes Categorized as Crimes Involving Moral Turpitude : Since the early 1920 case of In Re: Basa>the Court has maintained its case-by-case a eed on the basis of moral turpitude and has labeled specific crimes as necessarily involving moral turpitude. The following is a list, not necessarily complete, of the crimes adjudged to involve moral turpitude: 1, Abduction with consent 2. Bigamy 8. Concubinage 4. Smuggling aCHAPTER I 3 DEFINITION OF TERMS 5. Rape 6. Estafa through falsification of a document 7. Attempted Bribery 8. Profiteering 9. Robbery 10. Murder, whether consummated or attempted ll. Estafa 12. Theft 13. Illicit Sexual Relations with a Fellow Worker 14. Violation of B.P. Blg. 22 15. Fealsification of Document 16. Intriguing against Honor 17. Violation of the Anti-Fencing Law 18. Violation of Dangerous Drugs Act of 1972 (Drug-pushing) 19. Perjury 20. Forgery 21. Direct Bribery 22. Frustrated Homicide Zari v, Floes}s one case that has provided jurisprudence its own list of-crimés involving moral turpitude, namely: adultery, concubinage, rape, arson, evasion of income tax, barratry, bigamy, blackmail, bribery, criminal conspiracy to smuggle opium, dueling, embezzlement, extortion, forgery, libel, making fraudulent proof of loss on insurance contract, murder, mutilation of public records, fabrication of evidence, offenses against pension laws, perjury, seduction under the promise of marriage, estafa, falsification of public document, and estafa through falsification of public document. Crimes Categorized as Crimes Not Involving Moral Turpitude The Court, on the other hand, has also had the occasion to categorically rule that certain crimes do not involve moral turpitude, namely: 1. Minor transgressions of the law (e., conviction for speeding) 2. Illegal recruitmentBASIC LEGAL ETHICS 3. Slight physical injuries and carrying of deadly weapon (Illegal possession of firearms) 4. Indirect Contempt (Good moral character — in Barrientos v. Daarol (218 SCRA 30) It was ruled that, “as officers of the court, lawyers must not only in fact be of good moral character but must also be seen to be of good moral character and leading lives in accordance with the highest moral standards of the community. More specifically, a member of the Bar and officer of the court is not only required to refrain from adulterous relationships or the keeping of mistresses but must also so behave himself as to avoid scandalizing the public by creating the belief that he is flouting those moral standards.” Good moral character is a continuing qualification required of every member of the bar. Thus, when a lawyer fails to meet the exacting standard of moral integrity, the Supreme Court may withdraw his or her privilege to practice law. has been defined as that conduct which is so willful, flagrant, or shameless as to show indifference to the opinion of good and respectable members of the community. Furthermore, such conduct must not only be immoral, but That is, it must be so corrupt as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree or committe under such scandalous or revolting circumstances as to shock the common sense of decency) (Julieta B. Narag, complainant v. Atty. Dominador M. Narag, réSpondent, A.C. No. 3405, June 29, 1998) Despite variations in the specific standards and provisions, one requirement remains constant in all the jurisdictions where the practice of law is regulated: the candidate must demonstrate that he or she has a “good moral character,” and once he becomes 4 lawyer he should always behave in accordance with the standards. In this jurisdiction too, good moral character is not only a condition precedent to the practice of law, but an unending requirement for all the members of the bar. Hence, when a lawyer is found guilty of grossly immoral conduct, he may be suspended or disbarred. Immoral conduct has been defined as that conduct which is willful, flagrant, or shameless as to show indifference to the opinion of good and respectable members of the community. Furthermore, such conduct must not only be immoral, but grossly immoral. That is, it must be so corrupt as to constitute a criminal act or $0 AE is 80CHAPTER I 5 DEFINITION OF TERMS unprincipled as to be reprehensible to a high degree or committed under such scandalous or revolting circumstances as to shock the common sense of decency. (Royong v. Oblena, 7 SCRA 859, 869-870, April 30, 1963) In Toledo v. Toledo, 7 SCRA 757, we disbarred respondent for abandoning his lawful wife and cohabiting with another woman who had borne him a child. Likewise, in Obusan v. Obusan, A.C. No. 1392, April 2, 1984, we ruled that abandoning one’s wife and resuming carnal relations with a paramour fall within that conduct which is willful, flagrant, or shameless, and which shows moral indifference to the opinion of the good and respectable members of the community. In Cordova v. Cordova, A.C. No. 3249, August 9, 2004, the Court ruled that moral delinquency which affects the fitness of a member of the bar to continue as such, includes conduct that outrages the generally accepted moral standards of the community as exemplified by behavior which makes a mockery of the inviolable social institution of marriage. Lawyers must not only in fact be of good moral character but must also be seen to be of good moral character and leading lives in accordance with the highest moral standards of the community. More specifically, a member of the Bar and officer of the Court is not only required to refrain from adulterous relationships or the keeping of mistresses but must also so behave himself as to avoid scandalizing the public by creating the belief that he is flouting those moral standards. (Barrientos v. Daarol, 218 SCRA 30, 40, January 29, 1993) A lawyer may be disbarred for any misconduct whether in his rofessional or private capacity, which shows him to be wanting in moral character, in honesty, probity and good demeanor or unworthy to continue as an officer of the Court. (Maligsa v. Cabanting, A.C. No. 4589, May 14, 1997) In Royong v. Oblena, A.C. No. 376, April 30, 1963: 1. The grounds for disbarment as enumerated in the Rules of Court is not exclusive and that the power of the Courts to exclude unfit and unworthy members of the profession is inherent; it is a necessary incident to the proper administration of justice; it may be exercised without any special statutory authority, and in all proper cases unless positively prohibited by statute, and the power may be exercised in any manner6 BASIC LEGAL ETHICS that will give the party to be disbarred a fair trial and a full opportunity to be heard. = 2. The moral turpitude for which an attorney may be disbarred may consist of misconduct in either his professional or non-professional activities. The tendency of the decisions of this Court has been toward the conclusion that a member of the bar may be removed or suspended from office as a lawyer for other than statutory grounds. 3. The respondent’s misconduct, although unrelated to his office, may constitute sufficient grounds for disbarment. (See In Re: Pelaez, 44 Phil. 667) Respondent’s conduct though unrelated to his office and in no way directly bearing on his profession, has nevertheless rendered him unfit and unworthy of the privileges of a lawyer. 5. One’s approximation of himself is not a gauge to his moral character, is what a person really is; and not what he or other people thinkheis. SOS (Chief Justice Moran: An applicant for license to Practice law is required to show good moral character, or what he really is, as distinguished fro. re mgood reputation; or from the opinion general: entertained of him, the estimate in which he, is held by the public in the place where he is known. ) 6. Good moral character includes at least common honesty. (It is of i 7 no moment that his immoral state was iscovered then or now as he is clearly not fit to remain a member of the Bar.) In Leslie Ui v. Atty. Irig Bonifacio, A.C. No. 3819, June 8, 2000: 7 Thep racticeoflawisa Privilege. A bar candidate does not have the Tight to enjoy the Practice of the legal profession simply by passing the bar examinations. It is a privilege that can be revoked, subject to the mandate of due process, once & lawyer violates his oath and the dictates of legal ethics. 22CHAPTER I 7 DEFINITION OF TERMS 2. Possession of good moral character must be continu- ous as a requirement to the enjoyment of the privilege of law practice, otherwise, the loss thereof is a ground for the revoca- tion of such privilege. : intial 3. If good moral character is a sine qua non for admission to the bar, then the continued possession of good moral character is also a requisite for retaining membership in the legal profession. Membership in the bar may be terminated when a lawyer ceases to have a good moral character. (Royong v. Oblena, 117 Phil. 865) 4. A lawyer may be disbarred for grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude. A member of the bar should have moral integrity in addition to professional probity. 5. Immoral conduct has been defined as “that conduct. which is willful, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and respectable members of the community. 6. For such conduct to warrant disciplinary action, the same must be “grossly immoral” that is, it must be so corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. 7. It is the bounden duty of lawyers to adhere unwaveringly to the highest standards of morality. The legal profession exacts from its members nothing less. Lawyers are called upon to safeguard the integrity of the Bar, free from misdeeds and acts constitutive of malpractice. Their exalted positions as officers of the Court demand no less than the highest degree of morality. ON MORAL TURPITUDE: In Soriano v. Dizon, A.C. No. 6792, January 25, 2006, the issues of the case are as follows: 1, Whether his crime of frustrated homicide involves moral turpitude; and 2. Whether his guilt warrants disbarment.BASIC LEGAL ETHICS The Rulings are as follows: 1) Moral turpitude has been defined as “everythin which is done contrary to justice, modesty or good morals; an act of baseness, vileness or depravity in the private and social duties which a man owes his fellowmen, or to society in general contrary to justice, honesty, modesty or good morals. A 2) In the case of IRRI v. NLRC, an employee was dismissed based on his conviction of homicide. The Court held that having disregarded the attendant circumstances, the employer should not have made the pronouncement. It cannot determine conclusively whether a crime involved moral turpitude. Whether a crime involved moral turpitude. That DISCRETION BELONGED TO THE COURTS, as explained: “Homicide may or may not involve moral turpitude depending on the degree of the crime. Moral turpitude is not involved in every criminal act and is not shown by every known and intentional violation of statute, but whether any particular conviction involves moral turpitude may be a question of fact and frequently depends on all the surrounding circumstances.” (IRRI v. NLRC, 221 SCRA 760, 767, May 12, 1993) 3. Conviction for a crime involving moral turpitude may relate, not to the exercise of the profession of lawyers, but certainly to their good moral character. Where their misconduct outside of their professional dealings is so gross as to show them morally unfit for their office and unworthy of the privileges conferred upon them by their license and the law, the court may be justified in suspending oF removing them from that office. 4. Good moral character includes at least common honesty. 5. Lawyers must be ministers of truth. No moral qualification for bar membership is more important that truthfulness. The rigorous ethics of the profession places # premium on honesty and condemns duplicitous behavior: Hence, lawyers must not mislead the Court or allow it to be misled by any artifice. In all their dealings, they are expecte' to act in good faith.CHAPTER I 9 DEFINITION OF TERMS 6. Law is a noble profession, and the privilege to practice it is bestowed only upon individuals who are competent intellectually, academically and, equally important, morally. Because they are vanguards of the law and the legal system, lawyers must at all times conduct themselves, especially in their dealings with their clients and the public at large, with honesty and integrity in a manner beyond reproach. 7. The purpose of a proceeding for disbarment is to protect the administration of justice by requiring that those who exercise this important function be competent, honorable and reliable-lawyers in whom courts and clients may repose confidence. Thus, whenever a clear case of degenerate and vile behavior disturbs that vital yet fragile confidence, we shall not hesitate to rid our profession of odious members. 8. The power to disbar must be exercised with great caution, and that disbarment should never be decreed when any lesser penalty would accomplish the end desired. 9. The legal profession is a PRIVILEGE demanding a high degree of good moral character, not only as a condition precedent to admission, but also as a continuing requirement for the practice of law. TEVES v. COMELEC AND TEVES, G.R. No. 180363, April 28, 2009 (concurring opinion of Justice Arturo Brion) I. History of Moral Turpitude: It first took root under the US immigration laws as far back as the 17th century. In Jordan v. de George, Sam de George, an Italian immigrant was convicted twice of conspiracy to defraud the US government of taxes on distilled spirits. Subsequently, the Board of Immirgration Appeals ordered de George deportation on the basis of the Immigration Act provision that allows the deportation of clients who commit multiple crimes involving moral turpitude. The decided cases made it plain that crimes in which FRAUD was an ingredient have always been regarded as involving moral turpitude. The US Congress has never exactly defined what amounts to a “crime involving moral turpitude.” The Courts resorted to the dictionary definition. In Black’s Law Dictionary:BASIC LEGAL ETHICS An act of baseness, vileness, or the depravity in private and social duties which man owes to his fellow man, or to society in general, contrary to the accepted and customary rule of right and duty between man and man. In Re: Basa, a 1920 case: The Court finding no exact definition turned to Bouvier’s Law Dictionary: “Moral turpitude includes everything which is done contrary to justice, honesty, modesty or good morals.” Thus, early on, the Philippines followed the American lead and adopted a general dictionary definition, opening the way for a case-to-case approach in determining whether a crime involves moral turpitude. Il. PROBLEMS WITH THE DEFINITION OF MORAL TUR- PITUDE: 1. The current definition of the term is broad. In IRRIv. NLRC, the Court declared that moral turpitude “is somewhat a vague and indefinite term. The meaning of which must be left to the process of judicial inclusion or exclusion as the cases are reached.” 2. The definition also assumes the existence of a universally recognized Code for socially acceptable behavior — “private and social duties which man owes to his fellow man, or to society in general”; moral turpitude is an act violating these duties. The PROBLEM is that the definition does not state what these duties are, or Provide examples of acts which violate them. Instead, it provides terms such as “baseness,” “vileness” and “depravity” which better described moral reactions to an act than the act itself. _ “Turpitude” on the other hand, directly means “depravity” which can not be appreciated without considering an act’s degree of being right or wrong. 3) Asa legal standard, moral turpitude fails to inform anyone of what it requires. In the US case (Jordan) “ no clearer guideline than their to condemn all that we persona! reason than that we disappro ‘Moral turpitude offered judges Own consciences, inviting them lly disapprove and for no better ve it.”CHAPTER I Bt DEFINITION OF TERMS This trait, however, cannot be taken lightly, given that the consequences of committing a crime involving moral turpitude can be severe. CRIMES CATEGORIZED AS CRIMES INVOLVING MORAL TURPI- TUDE: Crimes Categorized as Crimes Involving Moral Turpitude Since the early 1920 case of In Re: Basa, the Court has maintained its case-by-case categorization of crimes on the basis of moral turpitude and has labeled specific crimes as necessarily involving moral turpitude. The following is a list, not necessarily complete, of the crimes adjudged to involve moral turpitude: 1. Abduction with consent Bigamy Concubinage Smuggling Rape Estafa through falsification of a document Attempted Bribery Profiteering Robbery 10. Murder, whether consummated or attempted 11. Estafa 12. Theft 13, Illicit Sexual Relations with a Fellow Worker 14. Violation of B.P. Blg. 22 15. Falsification of Document 16. Intriguing against Honor 17. Violation of the Anti- Fencing Law 18. Violation of Dangerous Drugs Act of 1972 (Drug-pushing) 19. Perjury 20. Forgery 21. Direct Bribery 22. Frustrated Homicide PO ANAT we ww12 BASIC LEGAL ETHICS Zari v. Flores is one case that has provided jurisprudence it, own list of crimes involving moral turpitude, namely: adultery concubinage, rape, arson, evasion of income tax, barratry, bigamy, blackmail, bribery, criminal conspiracy to smuggle opium, dueling, embezzlement, extortion, forgery, libel, making fraudulent proof of loss on insurance contract, murder, mutilation of public records, fabrication of evidence, offenses against pension laws, perjury, seduction under the promise of marriage, estafa, falsification of public document, and estafa through falsification of public document. Crimes Categorized as Crimes Not Involving Moral Turpitude The Court, on the other hand, has also had the occasion to categorically rule that certain crimes do not involve moral turpitude, namely: 1. Minor transgressions of the law (i.e., conviction for speeding) 2. Illegal recruitment 3. Slight physical injuries and carrying of deadly weapon (Illegal possession of firearms) 4. Indirect Contempt THREE PERSPECTIVES OR APPROACHES: 1. Objective perspective of the act itself, irrespective of whether or not the act is a crime. Best expressed in Zari v. Flores, 94 SCRA 317, where the Court saw the involvement of moral turpitude where an act is intrinsically immoral, regardless of whether it is punishable by law or not. The Court emphasized that moral turpitude goes beyond being merely mala prohibita; the act itself must be inherently immoral. Gambling is a malum prohibitum that it is not intrinsically evil, does not involve moral turpitude. In OCA v. Librado, the Court held that the use of drugs amounted to an act so inherently evil that no law was needed to deem it as such; it is an evil without need for a law to call it evil. “An immoral act in itself regardless of whether it is punishable or not.”CHAPTER I 13 DEFINITION OF TERMS 2, From the perspective of the crime itself, as defined through its elements. ; In Paras v. Vailoces, as a “general rule, all crimes of which fraud is an element are looked on as involving moral turpitude.” The elements of the crime can be a critical factor in determining moral turpitude. Anti-fencing is a crime involving moral turpitude. B.P. Blg. 22 and direct bribery are considered acts involving moral turpitude considering the elements of those crimes 3. Subjective approach. Essentially takes the offender and his acts into account in light of the attendant circumstances of the crime: was he motivated by ill will indicating depravity? Soriano v. Dizon — whether any particular conviction involves moral turpitude may be a question of fact and frequently depends on. all the surrounding circumstances —The TOTALITY OF THE FACTS unmistakably bears the earmarks of moral turpitude. — The safest approach to avoid being misled is one’s conclusion is to apply all three approaches, if possible, and to evaluate the results from each of the approaches. Champertous contract is defined as a contract between a stranger and a party to a lawsuit, whereby the stranger pursues the party’s claim in consideration of: ‘receiving part or any of the proceeds recovered under the judgment; a bargain by a stranger with a party to a suit, by which such third person undertakes to carry on the litigation at his own cost and risk, in consideration of receiving, if successful, a part of the proceeds or subject sought to be recovered. (Blacks Dictionary; Schnabel v. Taft Broadcasting Co., Inc. Mo. App. 525 S.W. 2d 819, 823) An Agreement whereby the attorney agrees to pay expenses of proceedings to enforce the client's rights is champertous. (JBP Holding Corporation v. U.S. 166 F. Supp. 324 [1958]) Such agreements are against public policy especially where as in this case, the attorney has agreed to carry on the action at its own expense in consideration of some bargain to have part of the thing in dispute. (See Sampliner v. Motion Pictures Patents Co., et al., 225 F. 242 [1918]) The execution of these contracts violates thea BASIC LEGAL ETHICS fiduciary relationship between the lawyer and his client, for which the former must incur administrative sanction. AMBULANCE CHASING — is the solicitation of almost any kind of legal business by an attorney, personally or through an agent in order to gain employment FORUM-SHOPPING — is the institution of two or more suits in different courts, either simultaneously or successively, in order to ask the courts to rule on the same or related causes and/or to grant the same or substantially the same reliefs. It is an act of malpractice that is prohibited and condemned because it trifles with the courts and abuses their processes. It degrades the administration of justice and adds to the already congested court dockets. SUB JUDICE RULE — As eloquently explained in Justice Arturo Brion’s Supplemental Opinion in Lejano v. People: (Antonio Lejano v. People of the Philippines, G.R. No. 176389, February 15, 2011; and People of the Philippines v. Hubert Jeffrey P. Webb, Antonio Lejano, Michael A. Gatchalian, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada, and Gerardo Biong, G.R. No. 176864) In essence, the sub judice rule restricts comments and disclosures Pertaining to pending judicial proceedings. The restriction applies not only to participants in the pending case, i.e., to members of the bar and bench, and to litigants and witnesses, but also to the public in general, which necessarily includes the media. Although the Rules of Court does not contain a specific provision imposing the sub judice rule, it supports the observance of the restriction by punishing its violation as indirect contempt under Section 3(d) of Rule 7 1lixxx Comments on the merits of the case may refer to the credibility of witnesses, the character of the accused, the soundness of the alibis offered, the relevance of the evidence presented, and generally any other comment bearing on the guilt or innocence of the accused. The danger posed by this class of speech is the undue influence it may directly exert on the court in the resolution of the criminal case, or indirectly through the public opinion it may generate against the accused and the adverse impact this public opinion may have during the trial. The significance of the sub judice rule is highlighted in criminal cases, as the possibility of undue influence prejudices the accused’s right to a fair trial. x x ¥ (Emphasis added)CHAPTER I 16 DEFINITION OF TERMS TEST OF CONFLICT OF INTEREST. In Hornilla v. Atty. Salunat, the Court explained the concept of conflict of interest in this wise: Meanwhile, in Hornilla v. Salunat, 453 Phil. 108, 111-112 [2003], we explained the test to determine the existence of conflict of interest: There is conflict of interest when a lawyer represents inconsis- tent interests of two or more opposing parties. The test is “whether or not in behalf of one client, it is the lawyer's duty to fight for an issue or claim, but 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 been bestowed or will be used. Also, there is conflict of interests if the acceptance of the new re- tainer will require the attorney to perform an act which will injuri- ously 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 any knowledge acquired through their con- nection. 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 perfor- mance thereof. ATTORNEY'S LIEN The right of a lawyer to hold a client's property or money until payment has been made for legal aid and advice given. In general, a lien is a security interest used by a creditor to ensure payment by a debtor for money owed. Since an attorney is entitled to payment for services performed, the attorney has aclaim on a client’s property until compensation is duly made. A charging lien is an attorney’s right to a portion of the judgment that was won for the client through professional services. It is a specific lien and only covers a lawyer's claim on money obtained in a particular action. A retaining lien is more general in its scope. It extends to 7 of a client’s property that an attorney might come into ossessiott during the course of a lawsuit. Until an attorney 18 compensated for services, he or she has a claim or interest in such property.16 BASIC LEGAL ETHICS Retaining lien that a lawyer has a retaining lien upon the funds, documents and papers of his client that may have come lawfully into his possession, until his lawful fees are duly paid. What is CHARGING LIEN? An attorney’s lien, for his proper compensation, on the fund or judgment which his client has recovered by means of his professiona] aid and services. Please refer to Section 37 of Rule 138 particularly the second sentence — “a lien to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments.” ASSUMPSIT (Latin, He undertook or he promised.] A promise by which someone assumes or undertakes an obligation to another person. The promise may be oral or in writing, but it is not under seal. It is express when the person making the promise puts it into distinct and specific language, but it may also be implied because the law sometimes imposes obligations based on the conduct of the parties or the circumstances of their dealings. QUANTUM MERUIT “Quantum meruit — meaning ‘as much as he deserves’ — is used as basis for determining a lawyer's professional fees in the absence of a contract x x x taking into account certain factors in fixing the amount of legal fees.” “Its essential requisite is the acceptance of the benefits by one sought to be charged for the Services rendered under circumstances as reasonably to notify him that the lawyer performing the task was expecting to be paid compensation” for it. The doctrine of quantum meruit is a device to Prevent undue enrichment base: unjust fora perenne ae d the equitable postulate that it is erson to retain benefit without Paying for it. (Agpalo, Legal ae ee [2002]), Seventh Edition, p. 395, citing ‘oyat Bank Employees Union-Ih 9 2 oe rien ry nion-Independent v. NLRC, 26! As cited in the case of The Conju, i : al Partnership of the Spouses Vicente Cadavedo and Benita Arcoy-Cadavedo ak Deceased) Substituted By Their Heirs, Namely: Herminia, Pastora, Heirs of uel, Evangeline, Vicente, Jr., and Armando, ¥ . Victorino (Vic) T. Lacaya, Fragen to Rosa Legados, Respondents, G.R. No. oe Jenuar)CHAPTER I 7 DEFINITION OF TERMS PETITION TO RESUME PRACTICE OF LAW — See cases of Benjamin Dacanay and Epifanio Muneses. These two cases explain the guidelines on how to file a Petition to Resume Practice of Law when one loses his Filipino citizenship and later re-acquires it through R.A. No. 9225 or the Citizenship Reacquisition and Retention Act of 2003. B.M. No. 1678 or the Peti- tion of Atty. Benjamin Dacanay and B.M. No. 2112 or the Petition of Atty. Epifanio Mureses sets the guidelines for filing these kinds of petition in order for lawyers who have lost their citizenship and later reacquired it through R.A. No. 9225 may still have the privi- lege to practice law in the Philippines. MOTION TO LIFT SUSPENSION — See J.K. Mercado and Sons, Agricultural Enterprises v. Atty. Eduardo De Vera, et al., A.C. No. 3066 and Atty. Eduardo De Vera v. Atty. Mervyn Encanto, et all., A.C. No. 4438 October 26, 1999; and Ligaya Maniago v. Lourdes De Dios case, A.C. No. 7472, April 7, 2010. These two cases should be read together as to how a Motion to Lift Suspension may be filed. The general rule is that the LIFTING OF SUSPENSION is not automatic upon the end of the period stated in the Court’s decision, and an order from the Court lifting the suspension at the end of the period is necessary in order to enable him to resume the practice of his profession. Therefore, a Motion to Lift Suspension is the proper pleading to be filed upon the end of the period of suspension together with the documents to be properly attached. The two cases will explain what are the proper documents to be attached and how a Motion to Lift Suspension is to be filed before the Supreme Court before a suspended lawyer may resume his practice of law. SUI GENERIS — In the case of In Re: Almacen, the Court discoursed on this point thus: “x x x [Disciplinary proceedings [against lawyers] are sui generis. Neither purely civil nor purely criminal, XXX [they do] not involve x x x a trial of an action or a suit, ae [are] rather investigation[s] by the Court into the conduct of its officers. Not being intended to inflict punishment, [they are] in no sense a criminal prosecution. Accordingly, ae is neither a plaintiff nor a prosecutor therein. [They] ad t : initiated by the Court motu proprio. Public interest is {tl se) primary objective, and the real question for determination . whether or not the attorney is still a fit person to be alloweBASIC LEGAL ETHICS the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have prove[n] themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. Xxx” PREPONDERANCE OF EVIDENCE The Court has consistently held that in suspension or disbarment proceedings against lawyers, the lawyer enjoys the presumption of innocence, and the burden of proof rests upon the complainant to prove the allegations in his complaint. The evidence required in suspension or disbarment proceedings is preponderance of evidence. In case the evidence of the parties are equally balanced, the equipoise doctrine mandates a decision in favor of the respondent. For the Court to exercise its disciplinary powers, the case against the respondent must be established by clear, convincing and satisfactory proof. Preponderance of evidence means that the evidence adduced by one side is, as a whole, superior to or has greater weight than that of the other. It means evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto. Under Section 1 of Rule 133, in determining whether or not there is preponderance of evidence, the court may consider the following: (a) all the facts and circumstances of the case; (b) the witnesses’ manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they are testifying, the nature of the facts to which they testify, the probability or improbability of theit testimony; (c) the witnesses’ interest or want of interest, and also their personal credibility so far as the same may ultimately appeat in the trial; and (d) the number of witnesses, although it does not mean that preponderance is necessarily with the greater number. (Felicisima Mendoza Vda. de Robosa v. Attys. Juan B, Mendoza And Eusebio P. Navarro, Jr., A.C. No. 6056, September 9, 2015) MNChapter Il SELECTED LANDMARK CASES LEGAL ETHICS Alawi v. Alauya (268 SCRA 628) Cayetano v. Monsod (201 SCRA 210) In Re: Almacen (31 SCRA 562) In Re: Cunanan (94 PHIL 534) In Re: Integration of the Bar (49 SCRA 22) Ulep v. Legal Clinic (223 SCRA 378) Valencia v. Cabanting, Antiniw, et al. (196 SCRA 302) neoprene 1) Sophia Alawi, Complainant v. Ashary M. Alauya, Clerk of Court Vi, Shari’a District Court, Marawi City, Respondent, A.M. Sdc.-97-2-P, February 24, 1997. The appellation “attorney” may only be used by any person who passed the regular Philippine Bar examinations, taken the lawyer’s oath and signed the. roll of attorneys. Those who passed Sharia’a bar examinations may only be called “counsellor.” ATTORNEY; WHEN USE OF SUCH TITLE CAN BE CONSIDERED PROPER. — As regards Alauya’s use of the title of “Attorney,” this Court has already had occasion to declare that persons who pass the Sharia Bar are not ‘full-fledged members of the Philippine Bar, hence may only practice law before oe courts. While one who has been ‘admitted to the Shari’a Bar, . a le one admitted to the Philippine Bar, may both Pe considered “counsellors,” in the sense that ee ey. advice in a professional capacity, only the ater pve The title of “attorney” is reserved to those who, ed : ae the necessary degree in the study of law and successfully ta 1920 BASIC LEGAL ETHICS Bar Examinations, have been admitted to the Integrated Bar of the Philippines and remain members thereof in good standing; and it is they only who are authorized to practice law in this Jurisdiction, ADMINISTRATIVE LAW; COURT PERSONNEL, A_JUDICIAL EMPLOYEE IS EXPECTED TO ACCORD RESPECT TO A PERSON AND THE RIGHTS OF OTHERS AT ALL TIMES. — Now, it does not appear to the Court consistent with good morals, good customs or public policy, or respect for the rights of others, to couch denunciations of acts believed — however sincerely — to be deceitful, fraudulent or malicious, in excessively intemperate, insulting or virulent language. Alauya is evidently convinced that he has a right of action against Sophia Alawi. The law requires that he exercise that right with propriety, without malice or vindictiveness, or undue harm to anyone; in a manner consistent with good morals, good customs, public policy, public order, supra; or otherwise stated, that he “act with justice, give everyone his due and observe honesty and good faith.” Righteous indignation, or vindication of right cannot justify resort to vituperative language, or downright namecalling. As a member of the Shari’a Bar and an officer of a Court, Alawi is subject to a standard of conduct more stringent than for most other government workers. As a man of the law, he may not use language which is abusive, offensive, scandalous, menacing, or otherwise improper. As a judicial employee, it is expected that he accord respect for the person and the right of others at all times, and that his every act and word should be characterized by prudence, restraint, courtesy, dignity. His radical deviation from these salutary norms might perhaps be mitigated, but cannot be excused, by his strongly held conviction that he had been grievously wronged. 2) RenatoL. Cayetano, Hon. Jovito R. Salonga, and Hon. Guillermo Carag of Budget And Mana, September 3, 1991. Petitioner v. Christian Monsod, Commission On Appointments, ue In His Capacity as Secretary gement, Respondents, G.R. No. 100113; device or service requires the use in any degree of legal knowledge or skill.”CHAPTER IL a1 SELECTED LANDMARK CASES It is worth mentioning that the respondent Commission on Appointments in a Memorandum it prepared, enumerated several factors determinative of whether a particular activity constitutes “practice of law.” It states: “1. Habituality. The term ‘practice of law’ implies customarily or habitually holding oneself out to the public as a lawyer (People v. Villanueva, 14 SCRA 109 citing State v. Boyen, 4 S.E. 522, 98 N.C. 644) such as when one sends a circular announcing the establishment of a law office for the general practice of law (U.S. v. Ney Bosque, 8 Phil. 146), or when one takes the oath of office as a lawyer before a notary public, and files a manifestation with the Supreme Court informing it of his intention to practice law in all courts in the country. (People v. De Luna, 102 Phil. 968) Practice is more than an isolated appearance for it consists in frequent or customary action, a succession of acts of the same kind. In other words, it is a habitual exercise. (People v. Villanueva, 14 SCRA 109 citing State v. Cotner, 127, p. 1, 87 Kan, 864) 2. Compensation. Practice of law implies that one must have presented himself to be in the active and continued practice of the legal profession and that his professional services are available to the public for compensation, as a service of his livelihood or in consideration of his said services. (People v. Villanueva, supra) Hence, charging for services such as preparation of documents involving the use of legal knowledge and skill is within the term “practice of law” (Ernani Paiio, Bar Reviewer in Legal and Judicial Ethics, 1988 ed., p. 8 citing People v. People’s Stockyards State Bank, 176 NB. 901) and, one who renders an opinion as to the proper interpretation ofa statute, and receives pay for it, is to that extent, practicing law. (Martin, supra, p. 806 citing Mendelaun v. Gilbert and Barket Mfg. Co., 290 N.Y.S. 462) 3. Application of law, legal principle, practice, or procedure which calls for legal knowledge, training and experience is within the term “practice of law.” (Martin, supra) 4. Attorney-client relationship. Engaging in ad practice of law presupposes the existence of lawyer-client rela-22 BASIC LEGAL ETHICS tionship. Hence, where a lawyer undertakes an activity which requires knowledge of law but involves no attorney-client rela. tionship, such as teaching law or writing law books or articles he cannot be said to be engaged in the practice of his profession or a lawyer. (Agpalo, Legal Ethics, 1989 ed., p. 30) 3) In The Case of In Re: Almacen, G.R. No. L-27654, February 18, 1970 (In The Matter of Proceedings For Disciplinary Action Against Atty. Vicente Raul Almacen In L-27654, Antonio H. Calero V. Virginia Y. Yaptinchay). LAWYERS ARE ALLOWED TO CRITICIZE BUT THROUGH LEGITIMATE CHANNELS. DISBARMENT PROCEEDINGS ARE SUI GENERIS, EXPLANATION. Criticisms of court proceedings and actions/decisions Disbarment proceedings are sui generis Courts and judges are not sacrosanct. They should and expect critical evaluation of their performance. For like the executive and the legislative branches, the judiciary is rooted in the soil of democratic society, nourished by the periodic appraisal of the citizens whom it is expected to serve. Well-recognized therefore is the right of a lawyer, both as an officer of the court and as a citizen, to criticize in properly respec terms and through legitimate channels the acts of courts and judges- The reason is that an attorney does not surrender, in assuming the important place accorded to him in the administration of justice, his right as a citizen to criticize the decisions of the courts in a fair and respectful manner, and the independence of the bar, as well as of the judiciary, has always been encouraged by the courts. 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. A wide chas™ exists between fair criticism, on the one hand, and abuse and sla der of courts and the judges thereof, on the other. Intemperate a” unfair criticism is a gross violation of the duty of respect to courts: It is such a misconduct that subjects a lawyer to disciplinary actio”- THE POWER TO DISCIPLINE IS INHERENT IN THE JUDICIAL BRANCH The power to discipline attorneys, who are officers of the court, is an inherent and incidental power in courts of record, and one >CHAPTER II 23 SELECTED LANDMARK CASES which is essential to an orderly discharge of judicial functions. To deny its existence is equivalent to a declaration that the conduct of attorneys towards courts and clients is not subject to restraint. Such a view is without support in any respectable authority, and cannot be tolerated. Any court having the right to admit attorneys to practice and in this state that power is vested in this court — has the inherent right, in the exercise of a sound judicial discretion to exclude them from the practice. The admission of a lawyer to the practice of law is a representation to all that he is worthy of their confidence and respect. So much so that x x x whenever it is made to appear to the court that an attorney is no longer worthy of the trust and confidence of the public and of the courts, it becomes, not only the right, but the duty, of the court which made him one of its officers, and gave him the privilege of ministering within its bar, to withdraw the privilege. Therefore it is almost universally held that both the admission and disbarment of attorneys are judicial acts, and that one is admitted to the bar and exercises his functions as an attorney, not as a matter of right, but as a privilege conditioned on his own behavior and the exercise of a just and sound judicial discretion. DISBARMENT PROCEEDINGS ARE SUI GENERIS Accent should be laid on the fact that disciplinary proceedings like the present are sui generis. Neither purely civil nor purely criminal, this proceeding is not — and does not involve —a trial of an action or a suit, but is rather an investigation by the Court into the conduct of its officers. Not being intended to inflict punishment, it is in no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor therein. It may be initiated by the Court motu proprio. Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit Person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the r to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the Proper and honest administration of justice by purging the profession of members who by their misconduct have ‘proved themselves no ‘Onger worthy to be entrusted with the duties and responsibilities Pertaining to the office of an attorney. In such posture, there can, thus, be no occasion to speak of a complainant or a prosecutor.24 BASIC LEGAL ETHICS 4) In the Matter of the Petitions for Admission to the Bar of Unsuccessful Candidates of 1946 to 1953; Albino Cunanan, et al., petitioners. Resolution of March 18, 1954 The admission, suspension, disbarment and reinstate. ment of members of the Philippine Bar is a judicial function, The legislative branch cannot encroach upon this judicial power. However, it may enact laws which are not repugnant to the power of the judiciary pertaining to the practice of law. ATTORNEYS-AT-LAW; ADMISSION; RELATION TO COURT AND PUBLIC — By its declared objective, R.A. No. 972s contrary to public interest because it qualifies 1,094 law graduates who confessedly had inadequate preparation for the practice of the profession, as was exactly found by this Tribunal in the aforesaid examinations. The public interest demands of the legal profession adequate preparation and efficiency, precisely more so as legal problems evolved by the times become more difficult. AJUDICIAL FUNCTION — In the judicial system from which ours has been evolved, the admission, suspension, disbarment and reinstatement of attorneys-at-law in the practice of the profession and their supervision have been indisputably a judicial function and responsibility. Because of this attribute, its continuous and zealous possession and exercise by the judicial power have been demonstrated during more than six centuries, which certainly “constitutes the most solid of titles.” POWER OF CONGRESS TO REPEAL, ALTER oR SUPPLEMENT RULES — The Constitution has not conferred on Congress and this Tribunal equal responsibilities governing the admission to the practice of law. The primary power a responsibility which the Constitution recognizes, continue to reside in this court. Congress may repeal, alter and supplement the rules Promulgated by this court, but the authority and responsibility over the admission, suspension, disbarment and reinstatemet of attorneys-at-law and their supervision remain vested in the Supreme Court. te OF CONGRESS AND THAT OF SUP! RENE se MAY BE HARMONIZED — Being coordinate 9 pendent branches the power to promulgate and enforceCHAPTER II 25 SELECTED LANDMARK CASES for the admission to the practice of law and the concurrent power to repeal, alter and supplement them may and should be exercised with the respect that each owes to the other, giving careful consideration to the responsibility which the nature of each department requires. These powers have existed together for centuries without diminution on each part; the harmonious delimitation being found in that the legislature may and should examine if the existing rules on the admission to the Bar respond to the demands which public interest requires of a Bar endowed with high virtues, culture, training and responsibility. The legislature may, by means of repeal, amendment. or supplemental rules, fill up any deficiency that it may find, and the judicial power, which has the inherent responsibility for a good and efficient administration of justice and the supervision of the practice of the legal profession, should consider these reforms as the minimum standards for the elevation of the profession, and see to it that with these reforms, the lofty objective that is desired in the exercise of its traditional duty of admitting, suspending, disbarring and reinstating attorneys-at-law is realized. They are powers which, exercise within their proper constitutional limits, are not repugnant, but rather complementary to each other in attaining the establishment of a Bar that would respond to the increasing and exacting necessities of the administration of justice. CONSTITUTIONAL LAW; CLASS LEGISLATION. — Republic Act No. 972 is a class legislation. There is no actual nor reasonable basis to classify unsuccessful bar candidates by years nor to exclude those of other years. 5) In The Matter of the Integration of the Bar of the Philippines, 49 SCRA 22, January 9, 1973. May the Court integrate the Bar? Is the integration of the Bar a violation of the right to association and freedom of speech of a lawyer? CONSTITUTIONAL LAW; JUDICIARY; POWERS OF THE SUPREME COURT; COURT OF THE VIEW THAT IT MAY INTEGRATE THE PHILIPPINE BAR IN THE EXERCISE OF ITS POWER UNDER ARTICLE VIII, SECTION 13 OF THE CONSTITUTION TO PROMULGATE RULES CONCERNING THE ADMISSION TO THE PRACTICE OF LAW. — The Court 18 of the view that it may integrate the Philippine Bar in the exercise of its power, under Article VIII, Section 13 of the Constitution, “to26 BASIC LEGAL ETHICS promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law.” Indeed, the Power tg integrate is an inherent part of the Court’s constitutional authority over the Bar. In providing that “the Supreme Court may adopt Tules of court to effect the integration of the Philippine Bar,” R.A. No. 6397 neither confers a new power nor restricts the Court's inherent power, but is a mere legislative declaration that the integration of the Bar will promote public interest or, more specifically, will “raise the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively.” UNIFICATION OF THE BAR, CONSTITUTIONAL; BASIS. — Resolution of the second issue — whether the unification of the Bar would be constitutional — hinges on the effects of Bar integration of the lawyer’s constitutional rights of freedom of association and freedom of speech, and on the nature of the dues exacted from him. INTEGRATION OF THE BAR PERFECTLY CONSTITU- TIONAL AND LEGALLY UNOBJECTIONABLE. — The Court is fully convinced, after a thorough-going conscientious study of all the arguments adduced in A.C. No. 526 and the authoritative materials and the mass of factual data contained in the exhaustive Report of the Commission on Bar Integration, that the integration of the Philippine Bar is “perfectly constitutional and legally unob- jectionable,” and, within the context of contemporary conditions in the Philippines, has become an imperative means to raise the stan- dards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility fully and effectively. 6.) Mauricio Ulep v. Legal Clinic, Inc., B.M. No. 55% June 17, 1993 This case discusses what is considered as practice of law. It also discusses the general rule that advertisement is not allow in the legal profession. But there are exceptions to the general rule as discussed in this case. However, a well-merited reputation is thé best advertisement of a lawyer to announce and make known bis legal services. LEGAL AND JUDICIAL ETHICS ae ; PRACTICE OF LAN’ MEANING AND EXTENT OF. — Practice of law means 2! activity, in or out of court, which requires the application of law, 16CHAPTER IL 27 SELECTED LANDMARK CASES procedures, knowledge, training and experience. To engage in the practice of law is to perform those acts which are the characteristi of the profession. Generally, to practice law is to give advi or zm 7 I ice or render any kind of service that involves legal knowledge or skill. The practice of law is not limited to the conduct of cases in court. It includes legal advice and counsel, and the preparation of legal instruments and contracts by which legal rights are secured, although such matter may or may not be pending in a court. In the practice of his profession, a licensed attorney-at-law generally engages in three principal types of professional activity: legal advice and instructions 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; and appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty, and property according to law, jn order to assist in proper interpretation and enforcement of law. When a person participates in a trial and advertises himself as a lawyer, he is in the practice of law. One who confers with clients, advises them as to their legal rights and then takes the business to an attorney and asks the latter to look after the case in court, is also practicing law. Giving advice for compensation regarding the legal status and rights of another and the conduct with respect thereto constitutes a practice of law. One who renders an opinion as to the proper interpretation of a statute, and receives pay for it, is, to that extent, practicing law. LEGAL SUPPORT SE CONSTITUTE PRACTICE OF therefore, covers a wide range of Applying the aforementioned criteria to the case at bar, we agree with the perceptive findings and observations of the aforestated bar associations that the activities of respondent, as advertised, constitute “practice of law.” The contention of respondent that it merely offers legal support services can neither be seriously considered nor sustained. Said proposition is belied by respondent 's own description of the services it has been offering, to wit: x xx While some of the services being offered by respondent corporation merely has the installation involve mechanical and technical know-how, suc efficient management of of computer systems and programs for the * ee arch aids and materials, law offices, or the computerization of rese these will not suffice to justify an exception to the general rule. t is palpably clear is that respondent corporation gives out legal information to laymen and lawyers. Its contention that such RVICES IN CASE AT BAR LAW. — The practice of law, activities in and out of court.BASIC LEGAL ETHICS function is non-advisory and non-diagnostic is more apparent than real. In providing information, for example, about foreign laws on marriage, divorce and adoptation, it strains the credulity of this Court that all that respondent corporation will simply do is look for the law, furnish a copy thereof to the client, and stop there as if it were merely a bookstore. With its attorneys and so-called paralegals, it will necessarily have to explain to the client the intricacies of the law and advise him or her on the proper course of action to be taken as may be provided for by said law. That is what its advertisements represent and for which services it will consequently charge and be paid. That activity falls squarely within the jurisprudential definition of “practice of law.” Such a conclusion will not be altered by the fact that respondent corporation does not represent clients in court since law practice, as the weight of authority holds, is not limited merely to court appearances but extends to legal research, giving legal advice, contract drafting, and so forth. The aforesaid conclusion is further strengthened by an article published in the January 13, 1991 issue of the Starweek/The Sunday Magazine of the Philippine Star, entitled “Rx for Legal Problems,” where an insight into the structure, main purpose and operations of respondent corporation was given by its own “proprietor,” Atty. Rogelio P. Nogales: x x x It should be noted that in our jurisdiction the services being offered by private respondent which constitute practice of law cannot be performed by paralegals. Only a person duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of the Rules of Court, and who is in good and regular standing, is entitled to practice law. x x x ADVERTISEMENT BY LAWYER; RULE. — Anent the issue on the validity of the questioned advertisements, the Code of Professional Responsibility provides that a lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. He is not supposed to use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. Nor shall he pay oF give something of value to representatives of the mass media iD anticipation of, or in return for, publicity to attract legal business- Prior to the adoption of the Code of Professional Responsibility, the Canons of Professional Ethics had also warned that lawyers should not resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuringCHAPTER II 29 SELECTED LANDMARK CASES. his photograph to be published 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 like self-laudation. CHARACTER AND CONDUCT AS BEST ADVERTISE- MENT. — We repeat, the canons of the profession tell us that the best advertising possible for a lawyer is a well-merited reputation for professional capacity and fidelity to trust, which must be earned as the outcome of character and conduct. Good and efficient service toa client as well as to the community has a way of publicizing itself and catching public attention. That publicity is a normal by-product of effective service which is right and proper. A good and reputable lawyer needs no artificial stimulus to generate it and to magnify his success. He easily sees the difference between a normal by-product of able service and the unwholesome result of propaganda. PROHIBITION ON ADVERTISEMENT OF TALENT OR SKILL. — The standards of the legal profession condemn the lawyer’s advertisement of his talents. A lawyer cannot, without violating the ethics of his profession, advertise his talents or skills as in a manner similar to a merchant advertising his goods. The proscription against advertising of legal services or solicitation of legal business rests on the fundamental postulate that the practice of law is a profession. EXCEPTIONS. — The first of such exceptions is the publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data. “Such data must not be misleading and may include only a statement of the lawyer’s name and the names of his professional associates; addresses, telephone numbers, cable addresses; branches of law practiced; date and place of birth and admission to the bar; schools attended with dates of graduation, degrees and other educational distinction; public or quasi-public offices; posts of honor; legal authorships; legal teaching positions; memberships and offices in bar associations and committees thereof, in legal and scientific Societies and legal fraternities; the fact of listings in other reputable law lists; the names and addresses of references; and, with their Written consent, the names of clients regularly represented.” XXX The use of an ordinary simple professional card is also permitted. fe card may contain only a statement of his name, the name of the law firm which he is connected with, address, telephone number and special branch of law practiced. The publication ofa30 BASIC LEGAL ETHICS simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable. He may likewise have his name listed in a telephone directory but not under a designation of special branch of law. REQUIREMENT FOR LAW LIST. — The law list must be a reputable law list published primarily for that purpose; it cannot be a mere supplemental feature of a paper, magazine, trade journal or periodical which is published principally for other purposes. For that reason, a lawyer may not properly publish his brief biographical and informative data in a daily paper, magazine, trade journal or society program. Nor may a lawyer permit his name to be published in a Jaw list where the conduct, management or contents of which are calculated or likely to deceive or injure the public or the bar, or to lower the dignity or standing of the profession. Complainant v. Atty. Arsenio Fer 7.) Paulino Valencia, 1391, and 1543, April Cabanting, Respondent, A.C. No. 1302, 26, 1991. Constancia L. Valencia, C. Antiniw, Atty. Eduardo U. Fer Cabanting, Respondents. Lydia Bernal, Complainant v. Atty. Dionisio C. Antiniw, Respondent. Article 1491 prohibits the sale of a proper’ the litigation is pending. LEGAL AND JUDICIAL ETHICS; ATTORNEY AND CLIENT; PROHIBITED TRANSACTIONS. — Public policy prohibits the transactions in view of the fiduciary relationship involved. It is intended to curtail any undue influence of the lawyer upon his client. Greed may get the better of the sentiments of loyalty and disinterestedness. Any violation of this prohibition wou! constitute malpractice (In Re: Attorney Melchor Ruste, 40 O. G.p- A and is a ground for suspension. (Beltran v. Fernandez, 70 Phit- 248) Complainant, v. Atty. Dionisio Jovellanos and Atty. Arsenio ty to a lawyer while APPLIES WHILE LITIGATION IS PENDING. — Article 1491, prohibiting the sale to the counsel concerned, applies onl while the litigation is pending. (Director of Lands v. Adaba, SCRA 513; Hernandez v. Villanueva, 40 Phil. 775)CHAPTER II 31 SELECTED LANDMARK CASES A THING IS IN LITIGATION WHILE A CERTIORARI IS STILL IN PROGRESS; CASE AT BAR. — In the case at bar, while it is true that Atty. Arsenio Fer Cabanting purchased the lot after finality of judgment, there was still a pending certiorari proceeding. A thing is said to be in litigation not only if there is some contest or litigation over it in court, but also from the moment that it becomes subject to the judicial action of the judge. (Gan Tingco v. Pabinguit, 35 Phil. 81) Logic dictates, in certiorari proceedings, that the appellate court may either grant or dismiss the petition. Hence, it is not safe to conclude, for purposes under Article 1491 that the litigation has terminated when the judgment of the trial court become final while a certiorari connected therewith is still in progress. Thus, purchase of the property by Atty. Cabanting in this case constitutes malpractice in violation of Article 1491 and the Canons of Professional Ethics. Clearly, this malpractice is a ground for suspension. Membership in the Bar is a privilege burdened with conditions. LEGAL AND JUDICIAL ETHICS; ATTORNEY AND CLIENT; FIRST DUTY OF A LAWYER IS NOT TO CLIENT BUT TO ADMINISTRATION OF JUSTICE. — A lawyer owes entire devotion to the interest of his client (Santos v. Dichoso, 84 SCRA 622), but not at the expense of truth. (Cosmos Foundry Shop workers Union v. La Bu, 63 SCRA 313) The first duty of a lawyer is not to his client but to the administration of justice. (Lubiano v. Gordalla, 115 SCRA 459) To that end, his client’s success is wholly subordinate. His conduct ought to and must always be scrupulously observant of law and ethics. While a lawyer must advocate his client's cause in utmost earnestness and with the maximum skill he can marshal, he is not at liberty to resort to illegal means for his client’s interest. It is the duty of an attorney to employ, for the Purpose of maintaining the causes confided to him, such means as 3 consistent with truth and honor. (Pangan v. Ramos, 93 SCRA DISBARMENT; NOT MEANT AS PUNISHMENT BUT INTENDED TO PROTECT THE ADMINISTRATION OF JUSTICE, — Membership in the Bar is a privilege burdened with conditions, By far, the most important of them is mindfulness that . lawyer is an officer of the court. (In Re: Ivan T. Publico, 1 02 SCRA re is Court may suspend or disbar a lawyer whose acts show 8c unfitness to continue as a member of the Bar. (Halili v. CIR, 136 ‘CRA 112) Disbarment, therefore, is not meant as a punishment32 BASIC LEGAL ETHICS depriving him of a source of livelihood but is rather intended to protect the administration of justice by requiring that those who exercise this function should be competent, honorable and reliable in order that courts and the public may rightly repose confidence in them. (Noriega v. Sison, 125 SCRA 293) Atty. Antiniw failed to live up to the high standards of the law profession. Treat colleagues with courtesy, dignity and civility. LEGAL AND JUDICIAL ETHICS; ATTORNEY; CAMA- RADERIE AMONG LAWYERS IS NOT PROOF OF CONS. PIRACY. — Besides, the camaraderie among lawyers is not proof of conspiracy, but a sign of brotherhood among them. One of the fourfold duties of a lawyer in his duty to the Bar. A lawyer should treat the opposing counsel, and his brethren in the law profession, with courtesy, dignity and civility. They may “do as adversaries do in the law: strive mightily but [they] eat and drink as friends.” This friendship does not connote conspiracy.Chapter III PROVISIONS OF THE RULES OF COURT RELATED TO LEGAL ETHICS In Legal Ethics, we consider the following rules: 1. Rule 138 and 139-A and 139-B of the Rules of Court 2. The Lawyer’s Oath 3. The Code of Professional Responsibility 4, The Code of Judicial Conduct (Bangalore Draft) 5. The 2004 Rules on Notarial Practice 6. The Mandatory Continuing Legal Education (BM. No. 850) Rules on Legal Fees, Rule 141 8. Re: Proposed Reforms in the Bar Examinations (B.M. No. 1161) 9. B.M. No. 1922 10. B.M. No.1153 (Amendments to Rule 138, Sections 5 and 6) = Other related laws: The 1987 Constitution of the Philippines R.A. No, 3019 — The Anti-Graft and Corrupt Practices Act RA. No, 6713 — An Act Establishing A Code Of Conduct And Ethical Standards For Public Officials And Employee To Uphold The Time-Honored Principle Of Public Office Being A Public Trust, Granting Incentives And Rewards For Exemplary cash Enumerating Prohibited Acts And Transactions And Providing Penalties For Violations Thereof And For Other Purposes 3334 BASIC LEGAL ETHICS R.A. No. 7160 — The Local Government Code of the Philippines (1992) The Rules Pertinent to Legal Ethics: 1. Rule 138, Revised Rules of Court Rule 138 of the Revised Rules of Court provides for the rules for Attorneys and Admission to the Bar. Here are some of the usual questions in Legal Ethics regarding this particular rule: WHO MAY PRACTICE LAW IN THE PHILIPPINES? 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 rule, and who is in good and regular standing, is entitled to practice law. The Rules of Court provides that any person who is duly admitted to the Bar in accordance with this Rule, and in good and regular standing is entitled to practice law. This Section should be read together with the preceding Section, Section 2 which provides for the requirements for admission to the Bar. However, it should be noted that there are two continuing requirements for admission to the bar-citizenship and good moral character. Thus, these two are conditions sine qua non for admission to the Bar and must continue in the entire legal profession of a lawyer. When one is in good standing, 4 lawyer should not have pending administrative cases before the Court or the IBP, nor should he be disciplined by suspension or disbarment. When one is in regular standing, this means that he is not declared a delinquent member either by the IBP. usually for failure to pay the IBP dues or the MCLE Office usually for failure to attend the MCLE programs in accordance with the MCLE Rules. (B.M. No. 850) It is also important to note that after passing the bar examinations, one must take the lawyer's oath and sign the roll of attorneys in order to be a full-pledged lawyer. Only lawyer® who are Filipino citizens may practice law in the Philippine’ Thus, those who are former Filipinos but lost their citizenship may not practice law in the Philippines unless they re-acquir? the same through R.A. No. 9225 or the Citizenship Retention and Re-acquisition Act of 2008. There are rules regardinéCHAPTER III 35 PROVISIONS OF THE RULES OF COURT RELATED TO LEGAL ETHICS this matter. See the cases of Benjamin Dacanay and Epifanio Muneses pages 331 and 333. 1. WHAT ARE THE REQUIREMENT: = SION TO THE BAR? ie 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 twenty-one years of age, of good moral character, and 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. This section enumerates the requirements for admission to the bar, specifically for the bar examinations because all the requirements to substantiate these requirements are submitted to the Supreme Court together with the Petition of a bar examinee before the bar examinations. These requirements can be substantiated by documents which should be submitted to the Office of the Bar Confidant prior to the annual bar examinations together with the petition of a new applicant. The petition of a repeater is different because it does not require the submission of these documents. (Please see the forms for New Applicant and Repeaters in the Appendix) The birth certificate substantiates the requirement for citizenship and age of a bar examinee. The Testimonial of Good Moral Character (please see form in the Appendix) substantiates the requirement for possession of good moral character. Declarations in the petition such that a bar examinee is a resident of the Philippines and the fact that no charges against him involving moral turpitude, have been filed 7 are pending in any court in the Philippines. Should eae e dismissed or pending cases, whatever nature may be, # = ar examinee should declare all of them in the Petition to take the bar examinations. It should be noted that bar applicants civenin heh careful in filing their application for the bar examinai tions, Failure to disclose or any misrepresentations may be consi ni as a dishonest conduct and may later on be used cae a bar candidate. If the dishonest conduct be discovere < na candidate was already allowed to take his oath and sig)36 BASIC LEGAL ETHICS roll of attorneys, meaning he is already a full-pledged lawyer, i may still be a ground for his disbarment or disciplinary Action, Section 3. Requirements for lawyers who are citizeng of the United States of America. — Citizens of the United States of America who, before duly 4, 1946, were duly licensed members of the Philippine Bar, in active practice in the courts of the Philippines and in good and regular standing as such may, upon satisfactory proof of those facts before the Supreme Court, be allowed to continue such practice after taking the following oath of office: CSUICEPESSPETETC NTE reNeOTe ESPTraTESr areas , having been permitted to continue in the practice of law in the Philippines, do solemnly swear that I recognize the supreme authority of 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 or willingly promote or sue any groundless, false or unlawful suit, nor 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 may knowledge and discretion with all good fidelity as well as to the courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God. Section 4. Requirements dictions. — Applicants for admi: are enrolled attorneys in good the United States or in any circ for applicants from other juris: ssion who, being Filipino citizens, standing in the Supreme Court of , S ‘uit court of appeals or district court therein, or in the highest court of any State or Territory of the United States, and who can show by satisfactory certificates that they have practiced at | MAY BAR APPLICANTS WHO GRA| JURISDICTIONS TAKE THE BAI PHILIPPINES? DUATED LAW FROM OTHER R EXAMINATIONS IN TH Bar Matter No. 1153 Provides for the amendments d Sections 5 and 6 of Rule 138. It allows Filipino citizens ¥?° studies law in other countries to take the bar examinatio™CHAPTER III 37 PROVISIONS OF THE RULES OF COURT RELATED TO LEGAL ETHICS in the Philippines and be admitted to practice law later on. The amended rule under B.M. No. 1153 enumerates the requirements for the bar applicant who graduated law abroad, provided of course that the applicant is still a Filipino citizen. In a resolution dated March 9, 2010 the Court approved the proposed amendments to Sections 5 and 6 of Rule 138. The main amendments of Section 5 is that a Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon submission to the Supreme Court of certifications showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree of Bachelor of Laws or its equivalent degree; b) recognition or accreditation of the law school by the proper authority; and (c) completion of all the fourth year subjects in the Bachelor of Laws academic program in a law school duly recognized by the Philippine government. In Section 6, the requirement before commencement of the study of law is explicitly stated that an applicant had pursued and satisfactorily completed in a recognized university or college, the completion of a four-year high school course, the course of study prescribed therein for a Bachelor’s degree in Arts or Science. Now the courses were specified. In addition, a Filipino citizen who completed and obtained his or her Bachelor of Laws degree or its equivalent in a foreign law school must present proof of having completed a separate bachelor’s present proof of having completed a separate bachelor’s degree course. Section 5. Additional requirements for other applicants. — All applicants for admission other than those referred to in the two preceding section 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 @ 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 has satisfactorily completed the following courses 1p 4 law38 BASIC LEGAL ETHICS school or university duly recognized by the government: Civil lay commercial law, remedial law, criminal law, public and Private international law, political law, labor and social legislation, medica] jurisprudence, taxation and legal ethics. (as amended, see BM. No, 1153) Section 6. Pre-Law. — No applicant for admission to the bar examination shall be admitted unless he presents a certificate that he has satisfied the Secretary of Education that, before he began the study of law, he had pursued and satisfactorily completed in an authorized and recognized university or college, requiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelor’s degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, english, spanish, history and economics. (as amended, see B.M. No. 1153) WHEN IS THE FILING FOR THE BAR EXAMINATIONS? The Supreme Court through the Bar Chairperson for that year usually announces through a Resolution of the Court the period for filing of applications for all who wish to take the bar examinations for a particular year. The bar examinations is held in Manila although the venue and the month of the examinations may vary: The application period may also vary every year. Section 7. Time for filing proof of qualifications. — All applicants for admission shall file with the clerk of the Supreme Court the evidence required by Section 2 of this rule at least fifteen (15) days before the beginning of the examination. If not embra‘ within Sections 3 and 4 of this rule they shall also file within the same period the affidavit and certificate required by Section 5, and if embraced within Sections 3 and 4 they shall exhibit a licens? evidencing the fact of their admission to practice, satisfactory evidence that the same has not been revoked, and certificates a5 their professional standing. Applicants shall also file at the same time their own affidavits as to their age, residence, and citizenshiP- Section 8. Notice of Applications. — Notice of applications admission shall be published by the clerk of the Supreme Court newspapers published in Pilipino, English and Spanish, for at Jea® ten (10) days before the beginning of the examination.CHAPTER III 39 PROVISIONS OF THE RULES OF COURT RELATED TO LEGAL ETHICS WHAT ARE THE BAR EXAMINATION SUBJECTS AND WHAT IS THE PERCENTAGE FOR EACH SUBJECT? Section 9 provides for the examination subjects and Section 14 provides for the percentage per subject. At present the enumeration in Sections 9 and 14 still applies. There are some variations every year since 2011 when The Reforms for the Bar Examinations under B.M. No. 1161 started its implementation. (Please see the next chapter for Updates in the bar examinations.) Section 9. Examination; subjects. — Applicants, not otherwise provided for in Sections 3 and 4 of this rule, shall be subjected to examinations in the following subjects: Civil Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law (Constitutional Law, Public Corporations, and Public Officers); International Law (Private and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises (in Pleadings and Conveyancing). ARE THERE EXCEPTIONS TO SECTION 10? In this section, no examinee has been allowed for the reason of having poor penmanship per se and no noiseless typewriter or laptop has been allowed. However, if there is a special situation usually serious health reasons that may affect the handwriting or reading of an examinee, a petition may be filed in Court and subject to its approval on a case to case basis. Section 10. Bar examination, by questions and answers, and in writing. — Persons taking the examination shall not bring papers, books or notes into the examination rooms. The questions shall be the same for all examinees and a copy thereof, in English or Spanish, shall be given to each examinee. Examinees shall answer the questions personally without help from anyone. Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time, the Supreme Court may allow such examinee to use a typewriter in answering the questions. Only noiseless typewriters shall be allowed to be used. The committee of bar examiner shall take such precautions as ay hecessary to prevent the substitution of papers or commission : other frauds. Examinees shall not place their names on the xamination papers. No oral examination shall be given.BASIC LEGAL ETHICS 40 In Section 11, this is the usual schedule of bar examinations except for the 2011 bar examinations when the schedule was different such that subjects were scattered On the first to third Sunday and the 4th Sunday was merely for Trial Memorandum and Legal Opinion Writing. In 2011, during the First Sunday the following subjects were scheduled: Politica] Law (8:00 a.m. to 10:00 a.m.), Labor Law (11:00 a.m. to 12:39 p.m.) and Taxation (2:00 p.m. to 3:00 p.m.). For the Second Sunday, Civil Law (10:00 a.m. to 12:00 noon) and Mercantile Law (2:00 p.m. to 4:00 p.m) and Third Sunday Remedial Lay (8:00 a.m. to 10:00 a.m.) Legal Ethics (11:00 a.m. to 12:30 p.m.) and Criminal Law (2:00 D.m. to 3:30 p.m.). These examinations were purely MCQ’s and answered by blotting the correct answer. The Fourth Sunday was for Memorandum Writing (8:00 a.m to 12:00 p.m.) and Legal Opinion Writing (2:00 D.m. to 5:00 p.m.) Section 11. Annual examination. admission to the bar of the Philippines shall the City of Manila, They shall be held in four di — Examinations for take place annually in lays to be designated by (afternoon); Second day: Civil Law (morning) and Taxation (afternoon); Third day: Mercantile Law (morning) and Criminal Law (afternoon); Fourth day: Remedial ical Exercises (afternoon) In Section 12, a committee of examiners is designated by the Court to serve for one year (usually for the entire bar examinations, except when the appointment is revoked by a valid cause) and is composed of one Bar Chairperson who is @ member /associate justice of the Supreme Court and eight members who are members of the Philippine Bar to be in charge of each bar subject. The identity of the members of the Bar Examination Committee is usually kept confidential until Section 12. Committee of examiners, — Examinations sbal! be conducted by a committee of bar examiners to be appointed by beCHAPTER III 41 PROVISIONS OF THE RULES OF COURT RELATED TO LEGAL ETHICS the Supreme Court. This committee shall be composed of a Justice of the Supreme Court, who shall act as chairman, and who shall be designated by the court to serve for one year, and eight members of the bar of the Philippines, who shall hold office for a period of one year. The names of the members of this committee shall be published jn each volume of the official reports. Section 13. Disciplinary measures. — No candidate shall endeavor to influence any member of the committee, and during examination the candidates shall not communicate with each other nor shall they give or receive any assistance. The candidate who violates this provisions, or any other provision of this rule, shall be barred from the examination, and the same to count as a failure against him, and further disciplinary action, including permanent disqualification, may be taken in the discretion of the court. Section 14. Passing average. — In order that a candidate may be deemed to have passed his examinations successfully, he must have obtained a general average of 75% in all subjects, without falling below 50% in any subjects. In determining the average, the subjects in the examination shall be given the following relative weights: Civil Law, 15%; Labor and Social Legislation, 10%; Mercantile Law, 15%; Criminal Law, 10%: Political and International Law, 15%; Taxation, 10%; Remedial Law, 20%; Legal Ethics and Practical Exercises, 5%. Section 15. Report of the committee; filing of examination papers. — Not later than February 15th after the examination, or as soon thereafter as may be practicable, the committee shall file its report on the result of such examination. The examination papers and notes of the committee shall be filed with the clerk and may there be examined by the parties in interest, after the court has approved the report. In Section 16, this pertains to Refreshers or bar examinees who failed three times in the bar examinations. Before they can take the 4th bar examination, they have to enroll and Pass the 4th year review classes and at the time they will take the bar examinations, they have to be currently enrolled in the pre-bar review course of six (6) months. A certification of enrollment shall be submitted upon application for the bar one while a certification of completion of the pre-bar review lies shall be submitted after the bar examinations. Thus, of ne is automatically conditionally admitted because 48 requirement. As to the refresher courses, individual42 BASIC LEGAL ETHICS certificates from the professors shall be submitted together with the certification of the Dean that the professors who signed the individual certificates are bona fide professors at the time the course was enrolled and passed. Section 16. Failing candidates to take review course, — Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show the satisfaction of the court that they have enrolled in and passed regular fourth year review classes as well as attended a pre. bar review course in a recognized law school. The professors of the individual review subjects attended by the candidates under this rule shall certify under oath that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary students and the ratings obtained by them in the particular subject. WHAT ARE THE TWO OPERATIVE ACTS IN ORDER TO BE CONSIDERED AN ATTORNEY AND USE THIS APPELLATION “ATTY.”? After having passed the regular Philippine bar examinations, having all the necessary requirements for admission to the bar and none of the disqualifications, one has to: 1) Take the lawyer’s oath; (Section 17) 2) Sign the roll of attorneys. (Section 19) Section 17. Admission and oath of successful applicants. — An applicant who has passed the required examination, or has bee? otherwise found to be entitled to admission to the bar, shall take and subscribe before the Supreme Court the corresponding oath of office Section 18. Certificate. — The Supreme Court shall thereup™ admit the applicant as a member of the bar for all the courts of the Philippines, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given % him by the Clerk of Court, which certificate shall be his authoritY to practice. Section 19. Attorney’s roll. — The clerk of the Supreme Cov shall kept a roll of all attorneys admitted to practice, which roll sh be signed by the person admitted when he receives his certificateCHAPTER III 43 PROVISIONS OF THE RULES OF COURT RELATED TO LEGAL ETHICS ; Section 20 enumerates the duties of an attorney, also as envisaged in the Code of Professional Responsibility, the four- fold duty of lawyers as to our duties to society, to the legal profession, to the Courts and to our clients. It also reflects our duties under the Lawyer’s Oath. Section 20. Duties of attorneys. — It is the duty of an attorney: : (a) To maintain allegiance to the Republic of the Philip- pines and to support the Constitution and obey the laws of the Philippines. () ; To observe and maintain the respect due to the courts of justice and judicial officers; (© To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law. (a) Toemploy, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; (e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client’s business except from him or with his knowledge and approval; () To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; (g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man’s cause, from any corrupt motive or interest; (h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; () In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. esumed to be authorized Under Section 21, a lawyer is pr i by his client when he appears before the Court and enters his44 BASIC LEGAL ETHICS appearance in a particular case for a particular client. The is no need for any written authority. However, when there pt reasonable grounds the presiding judge or on motion of either of the parties, an attorney may be required to produce or Prove the authority under which he appears. When the lawyer ig unauthorized to appear in behalf of a person and yet appears in court, he may be cited in contempt of court in doing so. Section 21. Authority of attorney to appear. — 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, but the presiding judge may, on motion of either party and on reasonable grounds therefore being shown, require any attorney who assumes the right to appear in a case to produce or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may thereupon make such order as justice requires. An attorney wilfully appearing in court for a person without being employed, unless by leave of the court, may be punished for contempt as an officer of the court who has misbehaved in his official transactions. Lawyers who have filed their Entry of Appearance as counsel for a particular client in a particular case are presu! to continue the case until the end, from the lower court to the appellate courts, unless there is proper withdrawal of appearance under Section 22. While Section 23 speaks of the authority to bind clients. Section 22. Attorney who appears in lower court presumed to represent client on appeal. — An attorney who appears de parte in 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. Section 23. Authority of attorneys to bind clients. — nent have authority to bind their clients in any case by any a a2 in relation thereto made in writing, and in taking appeals, 4 all matters of ordinary judicial procedure. But they cannot, wit ei special authority, compromise their client’s litigation, = ppt ; anything in discharge of a client’s claim but the full amoun i nt Compensation of lawyers depends on agreement nT the client and his lawyer. However, there are many fac! Attorneys _f. ~“ ReeCHAPTER III 46 PROVISIONS OF THE RULES OF COURT RELATED TO LEGAL ETHICS consider as enumerated in Section 24. These factors are also enumerated under Section 1, Canon 20 of the Code of Profes- sional Responsibility. There is no specific form to follow when it comes to agreement of compensation of lawyers. It is advis- able though to place it in writing because of the provision under this Section that a written contract for services shall control the amount to be paid therefore unless found by the court to be unconscionable or unreasonable. Section 24. Compensation of attorneys; agreement as to fees. — An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefore unless found by the court to be unconscionable or unreasonable. Section 25 should be correlated to Canon 16, Rule 16.03 when a lawyer has the duty to deliver the funds and property of his client when due or upon demand. Thus, a lawyer can not unjustly retain the money of his clients if the same has been demanded already by the latter otherwise he may be punished for contempt of court. Section 25. Unlawful retention of client’s funds; contempt. — When an attorney unjustly retains in his hands money of his client after it has been demanded, he may be punished for contempt asian officer of the Court who has misbehaved in his official transactions; but proceedings under this section shall not be a bar to a criminal Prosecution. Section 26 explains the procedure of changing attorneys — first by way of of retirement and second, by substitution with nother lawyer. In case of retirement of a lawyer, he may retire from any action or special proceeding with the consent of his client. He may also retire at any time even without the consent of his client if the Court determines that he ought to be allowed 0 retire but with proper notice from the Court to the client.46 BASIC LEGAL ETHICS In substitution of lawyers, the former lawyer should ideal, file a Notice of Withdrawal as counsel with the consent of hie client. Then a Notice of Appearance by the new lawyer shouiq be submitted to the Court with the consent of the client ang should be duly noted by the Court. There can also be a Notice of Substitution of Counsel to be signed by the former counsel, the new counsel and the client stating therein that the new counsel will take the place of the former counsel to represent the client in that particular case. This section also explains that a client may at any time, with or without valid cause, terminate the services of his lawyer. However, the lawyer’s rights as to compensation is protected by attorney’s liens under Section 37 of this Rule. Section 26. Change of attorneys. — An attorney may retire at any time from any action or special proceeding, by the written consent of his client filed in court. He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. In case of substitution, the name of the attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the advance party. A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has been reduced to writing and the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from the client the full compensation stipulated in the contract. However, the attorney may, in the discretion of the court, intervene in the case #0 protect his rights. For the payment of his compensation the attorney shall have a lien upon all judgments for the payment of money, an executions issued in pursuance of such judgment, rendered in the case wherein his services had been retained by the client. Section 27 speaks of the grounds for disbarment and! or suspension of lawyers. It enumerates the grounds but i enumeration is not exclusive as there may be other grounds n? in the list but affects the good moral character of a lawyer. 7 f good moral character is a continuing requirement, the loss ‘ such may also affect the fitness of a lawyer to enjoy the pr" vile of the practice of law. It can be noted that several disbarm? fy cases will explain some of the grounds such that a grossCHAPTER III 47 PROVISIONS OF THE RULES OF COURT RELATED TO LEGAL ETHICS immoral conduct and not a merely immoral conduct may be a ground for disbarment or suspension. Also, a conviction of a crime involving turpitude is one of the grounds and thus, we have to understand what is moral turpitude and how these acts will affect the moral fitness of a lawyer. Section 27. Attorneys removed or suspended by Supreme Court on what grounds. — A member of the bar may be removed or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct is 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 the admission to practice, or for a wilfull disobedience of any lawful order of a superior court, or for corruptly or willful appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. Section 28, Suspension of attorney by the Court of Appeals or a Court of First Instance. — The Court of Appeals or a Court of First Instance may suspend an attorney from practice for any of the causes named in the last preceding section, and after such suspension such attorney shall not practice his profession until further action of the Supreme Court in the premises. Section 29. Upon suspension by the Court of Appeals or Court of First Instance, further proceedings in Supreme Court. — Upon such suspension, the Court of Appeals or the Court of First Instance shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon the receipt of such certified copy and Statement, the Supreme Court shall make a full investigation of the facts involved and make such order revoking or extending the Suspension, or removing the attorney from his office as such, as the ‘acts Warrant, In Section, 30, it is explicit that disbarment Proceedings is @ proced: ure by the Court to investigate into the fitness of a law- Jer to Continue to enjoy the privilege of the legal profession. It is oe orbitrary and follows the precepts of due process. It gives the oF ant Gn opportunity to answer the charges against him te However, if no answer is filed despite due notice and a Considerable time has lapsed, the Court may proceed with the Ir48 BASIC LEGAL ETHICS investigation ex parte. Also, disbarment cases do not prescribe like ordinary civil cases. Section 30. Attorney to be heard before removal or suspension, — No attorney shall be removed or suspended from the practice of his profession, until he has had full opportunity upon reasonable notice to answer the charges against him, to produce witnesses in his own behalf, and to be heard by himself or counsel. But if upon reasonable notice he fails to appear and answer the accusation, the court may proceed to determine the matter ex parte. Section 31 speaks of COUNSEL DE OFICIO, or lawyers who are assigned by the Court to represent destitute parties who are unable to pay lawyers to represent them especially in criminal cases. (See discussion in the Code of Professional Responsibility) Section 32 speaks of Compensation for counsel de oficio. Section 31. Attorneys for destitute litigants. — A court may assign an attorney to render professional aid free of charge to any party in a case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless he is excused therefrom by the court for sufficient cause shown. Section 32. Compensation for attorneys de oficio. — Subject to availability of funds as may be provided by the law the court may; in its discretion, order an attorney employed as counsel de oficio t0 be compensated in such sum as the court may fix in accordance witl Section 24 of this rule. Whenever such compensation is allowed, it shall be not less than thirty pesos (P30) in any case, nor more than the following amounts: (1) Fifty pesos (P50) in light felonies; () One hundred pesos (P100) in less grave felonies; (3) Two hundre pesos (P200) in grave felonies other than capital offenses; (4) Five Hundred pesos (P500) in capital offenses. Section 33. Standing in court of person authorized to appet! for Government. — Any official or other person appointed = designated in accordance with law to appear for the Government ° the Philippines shall have all the rights of a duly authorized me™ of the bar to appear in any case in which said government has * interest direct or indirect.CHAPTER III 49 PROVISIONS OF THE RULES OF COURT RELATED TO LEGAL ETHICS Section 34 speaks of when a party may conduct his litigation in person. Section 35 speaks of some lawyers who are not allowed to engage in the private practice of law. (See discussions in the CPR Chapter) Section 36 speaks of amicus curiae. Section 34. By whom litigation conducted. — In the court of a justice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for the purpose, or with the aid an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar. Section 35. Certain attorneys not to practice. — No judge or other official or employee of the superior courts or of the Office of the Solicitor General, shall engage in private practice as a member of the bar or give professional advice to clients. Section 36. Amicus Curiae. — Experienced and impartial attorneys may be invited by the Court to appear as amici curiae to help in the disposition of issues submitted to it. Section 37 speaks of attorney's liens just in case his fees are not paid by the client. There are two kinds: retaining lien and charging lien. (Please see the discussion in the Chapter on the Code of Professional Responsibility) Section 37, Attorneys’ liens. — An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply Such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has pecured in a litigation of his client, from and after the time when he shall have the caused a statement of his claim of such lien to or 7 tered upon the records of the court rendering such judgment, there ae such execution, and shall have the caused written notice he shal to be delivered to his client and to the adverse party; and @ aa have the same right and power over such judgments and Paym, mt as his client would have to enforce his lien and secure the ént of his just fees and disbursements. “sChapter IV REFORMS IN THE BAR EXAMINATIONS The conception of B.M. No. 1161 Re: Proposed Reforms in the Bar Examinations paved the way for substantial changes in recent bar examinations. Inthe 2005 Bar Examinations, B.M. No. 1161 wasimplemented. Pursuant to the constitutional authority of the Supreme Court to promulgate rules concerning the admission to the practice of law, the Court En Banc created a “Special Study Group on Bar Examination Reforms” which was tasked to conduct studies on steps to further safeguard the integrity of the Bar Examinations and to make them effective tools in measuring the adequacy of the law curriculum and the quality of the instruction given by law schools. The Special Study Group was headed by the then Philippine Judicial Academy (PHILJA) Chancellor Justice Ameurfina A. Melencio-Herrera as Chairperson and retired Justice Jose Y. Feria as Chairperson and retired Justice Camilo D. Quiason as members. The Final Report of this Special Study Group was submitted to the Committee on Legal Education and Bar Matters or CLEBM headed by Justice Jose C. Vitug. In relation with the proposed reforms for bar examinations. Justice Vicente V. Mendoza who was then a Member of thé CLEBM, submitted a Paper entitled “Toward Meaningful Reforms in the Bar Examinations” with a Primer, proposing structural 4! administrative reforms, changes in the design and construction questions, and methodological reforms concerning the marking @™ grading of the essay questions in the bar examinations. BM. No. 1161 was not merely conceived by the Supreme Court buta product of proposals and concensus by different groups. The” were a series of consultations and Meetings with outstanding leet! groups such as the Integrated Bar of the Philippines, the Philippi? 50CHAPTER IV REFORMS IN THE BAR EXAMINATIONS 51 Association of Law Schools, the Philippine Association of Law Professors, the Commission on Higher Education, the University of the Philippines College of Law, Arellano Law Foundation, the Philippine Lawyers Association, the Philippine Bar Association and other prominent personalities from the Bench and the Bar. After a series of extensive deliberation, the CLEBM came up with certain recommendations for consideration by the Supreme Court and submitted its report to the Court En Banc. Finally, B.M. No. 1161 was approved. It has five main parts: A. For implementation within one up to two years; B. For implementation within two years up to five years; C. For implementation within five years and beyond is the further computerization or automation of the bar examinations to facilitate application, testing and reporting procedures; D. Items not covered by this resolution, such as those that pertain to a possible review of the coverage and relative weights of the subjects of the bar examinations, are maintained; E. For referral to the Legal Education Board. THE FIVE-STRIKE RULE Among the proposed reforms, the most controversial portion is the so-called “Five-Strike Rule.” It is included under Letter (A) no. 3 stating that: “Disqualification of a candidate after failing in three (8) examinations, provided, that he may take a fourth and fifth examination if he successfully completes a one (1) year refresher course for each examination; Provided, further, That upon the effectivity of this Resolution, those who have already failed in five (5) or more bar examinations shall be allowed to take only one (1) more bar examination after completing a one (1) year refresher course.” This means that starting 2005 Bar examinations, this rule was lemented. Such that those who were about to take the 2005 Bar on their 5th time have that one last chance to take the bar exams ‘nd shall be disqualified in case they fail. On the other hand, those imp] ee52 BASIC LEGAL ETHICS who have more than five failures have one more chance to take the bar examinations beginning 2005 and onwards. THE CERTIFICATION OF NO DEROGATORY RECORD The submission of a Certification of No Derogatory Record Wag implemented at the same year 2005. As per Letter A (2) of BM, No. 1161, it is required that the law deans submit a certification that a candidate has no derogatory record in school and, if any, the details and status thereof. This requirement is mandatory upon new applicants and bar repeaters alike from 2005-2011. They attached this Certification with their application/petition to take the bar examinations. However, beginning 2012, the Certification of No Derogatory Record is no longer mandatory for bar repeaters. In a resolution dated October 11, 2011 in B.M. No. 2432, the Court resolved to DISCONTINUE the requirement of a Certification of No Derogatory Record in future bar examinations for all bar repeaters; instead, only new applicants should submit the said certification to be issued by their respective deans from the university where they graduated from. TAXATION LAW REVIEW AND LABOR REVIEW In a resolution dated July 1, 2008 the Court in reply to the letter of Dean Willard Riano of San Sebastian-Recoletos, clarified that Labor Law and Taxation Law Review are included in the list of subjects for Refresher courses. Among the subjects included in the Refresher course are the following, beginning 2009 Bar Examinations: 1) _ Political Law Review/Constitutional Law Review 2) Civil Law Review I 3) Civil Law Review IT 4) Commercial Law Review 5) Criminal Law Review 6) Remedial Law Review 7) Labor Law Review 8) TaxationCHAPTER IV 53 REFORMS IN THE BAR EXAMINATIONS THE TWO-EXAMINER RULE In a resolution of the Court dated February 3, 2009, the Court adopted the so-called two-examiner rule. The subjects were divided into two parts: Part I and Part II. Each examiner were assigned a specific scope from which questions were formulated. The time allotted for each bar subject, that is four hours for morning subjects and three hours for afternoon subjects did not change. In answering the questions, the bar examinees had the discretion utilizing the time allotted for answering. Thus, the examinee may opt to begin answering a particular part of the examination where she feels is relatively easier than others. Only one set of test questionnaire and one examination booklet was given to the bar examinee. Each examination booklet was divided into two parts: Part I and Part II, wherein their answers were placed respectively. There were separate cards for Parts I and II for the examiners to place the examinees’ grades. This rule was effective and implemented only in the 2009 and 2010 bar examinations. Bar Matter No. 1153, Amendments to Rule 138, Sections 5 and 6 of the Rules of Court March 9, 2010 the Court approved the proposed amendments to Sections 5 and 6 of Rule 138. The main amendments of Section 5 is that a Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon submission to the Supreme Court of certifications showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree of Bachelor of Laws or its equivalent degree; b) recognition or accreditation of the (c) completion of all the law school by the proper authority; and 2 i fourth year subjects in the Bachelor of Laws academic program In a law school duly recognized by the Philippine government. In a resolution dated fore commencement of the In Section 6, the requirement bel icant had pursued and study of law is explicitly stated that an aPP Satisfactorily completed in a recognized university or college, the completion of a four-year high school course, the course of study tain therein for a Bachelor’s degree in Arts or Science. Now courses were specified.54 BASIC LEGAL ETHICS In addition, a Filipino citizen who completed and obtained hi, or her Bachelor of Laws degree or its equivalent in a foreign lay school must present proof of having completed a separate bachelor, present proof of having completed a separate bachelor’s degree course. THE 2011 BAR EXAMINATIONS From 2005-2010, the bar examinations format was primarily an essay type. Only a few questions are the multiple-choice type. In the 2011 bar exams, a total “overhaul” of the examinations was introduced with the leadership of Chairperson Hon. Associate Justice Roberto A. Abad. First, the date of the examinations were moved to November instead of the usual September schedule. Second, the venue was transferred to U.S.T. instead of D.L.S.U. but still in the City of Manila, in consonance with the Rules of Court. Third, the style of questions were changed to MCQ type comprising 60% of the exams and 40% on Memorandum Writing and Legal Opinion. The Court in a resolution approved the Amendment to Section 11, Rule 138. Section 11. Annual Examination. — Examinations for admission to the Bar of the Philippines shall take place annually in the City of Manila. They shall be held in four days to be designated by the Chairman of the Committee on bar examiners. The subjects shall be distributed as follows: First day: Political and International Law, and Labor and Social Legislatio" (morning) and Taxation (afternoon); Second day: Civil Law (morning) and Mercantile Law (afternoon); Third day: Reme! Law, and Legal Ethics and Forms (morning) and Criminal La¥ (afternoon); Fourth day: Final Memorandum (morning) and Le Opinion (afternoon).” When I spoke with some of the bar examinees , their feelings varied. However, most of them said that three subjects per Sum was difficult and a combination of two major subjects in the : Sunday is rather tiring and difficult as well. Most of them, especiall¥ repeaters had to adjust to Memorandum Writing and Legal Opinion The regular MCQ questions were distributed as follows: First Sunday Political and International Law — 8:00" 10:00 a.m.CHAPTER IV 55 REFORMS IN THE BAR EXAMINATIONS Labor and Social Legislation — 11:00 a.m.- 12:30 p.m. Taxation — 2:00 p.m.-3:30 p.m. Second Sunday Civil Law — 10:00 p.m.-12:00 p.m. Mercantile Law — 2:00 p.m.-4:00 p.m. Third Sunday Remedial Law — 8:00 a.m. to 10 a.m. Legal Ethics and Forms — 11:00 a.m.-12:30 p.m. Fourth Sunday Memorandum Writing — 8:00 a.m. to 12:00 p.m. Legal Opinion — 2:00 p.m. to 5:00 p.m. Instead of signpens, examinees were asked to answer with no. 2 pencils and they only have to shade their answers as well as their B.E. (bar examinee’s) number. For the fourth Sunday, fountain pens and sign pens in permanent blue, blue-black or black ink may be used for essay examinations. Pad papers with 15 pages were given to examinees for final answer pad and they were also given draft pads. Major subjects have 100 questions to be answered in two hours, minor subjects have 75 questions while Legal Ethics have 50 questions only to be answered for one hour and 30 minutes. The MCQ questions have two sets: set A and Set B, bearing different colors so as to distinguish one set from the other. The questionnaire given should match the answer sheet. PREPARING FOR THE 2011 BAR EXAMS AND BEYOND This special article in a pamphlet form was written by the 2011 Bar Chairperson Hon. Justice Roberto A. Abad. It featured the three approved changes: (1) Redefined coverage The new coverage shall be drawn up by topics and sub- topics rather than by just stating the covered law. According to Justice Abad, the test for including a topic or Sub-topic in the coverage of the bar exams is whether it covers laws, doctrines, principles and rulings that a new lawyer needs La56 BASIC LEGAL ETHICS to know to begin his practice. After all, the objective of the bar exams is to determine who among law graduates are fit to practice law. (2) Measure knowledge of Law and its applications through MCQ exams. This change was conceptualized by Justice Abad considering that to fairly practice law, a bar examinee should: a) know the law and its applications; and b) be capable of practicing it. There were advantages and disadvantages which were all considered by the Chairperson. Multiple choice questions (MCQ’s) type of exam is a method of choice for qualifying professionals, including lawyers, in the United States and all over the world because of their proven reliability. During the 2011 bar examinations, this particular reform was carefully monitored and implemented by a team of experts, evaluated the construction and selection of appropriate MCQ’s. (3) Dedicate essay-type exams to measuring lawyer skills. This part of the examinations was intended to determine the examinee’s lawyering skills. An examinee was presented with one two legal-dispute situations in each law subject. The examinee will then prepare a paper, like a memorandum or a decision, for the side of the dispute that he chooses to uphold or defend. The intention was to test the examinee’s skills in writing # English, sorting out the relevant facts, identifying the issue s issues, organizing his thoughts, constructing his arguments, 4” persuading his reader to his point of view. The grade of the examine depends on the quality of his/her legal advocacy. In addition, there are three competences measured by MC@* 1) knowledge and recall; 2) understanding; and 3) analysis and solution. The article of Justice Abad explains this three compete” measured by the MCQ type of examinations and gives examples each.CHAPTER IV 57 REFORMS IN THE BAR EXAMINATIONS, On the other hand, the essay part comprises 40% of the grade. Basically, it will not be graded based on a technically right or wrong answer, but more of the quality of his legal advocacy. The skills measured are: 1) Communicating in English — 20%; 2) Sorting out the conflicting claims and extracting those facts that are relevant to the issue or issues in the case — 15%; 8) Identifying the issue or issues presented — 15%; and 4) Constructing your arguments and persuading your reader to your point of view — 50%. The passing standard for correction will be the work expected of a beginning practitioner, not a seasoned lawyer. Thus, it will be a measure of in-depth learning and true intelligence. THE 2012 BAR EXAMINATIONS (With an exclusive interview graciously granted by the Hon. Chairperson of the 2012 Bar Examinations Hon. Justice Martin S. Villarama last April 12, 2012.) Ina resolution of the Court En Banc dated March 20, 2012, the Memorandum of Associate Justice Martin S. Villarama, Chairperson of the 2012 Bar Examinations was approved. As per his proposal the 2012 Bar Examinations shall be held on the four Sundays of October 2012 at the University of Sto. Tomas, Espafia Blvd., Manila. The different subjects shall be distributed as follows: FIRST DAY Political and International Law (morning) Labor and Social Legislation (afternoon) SECOND DAY Civil Law (morning) Taxation (afternoon) THIRD DAY Mercantile Law (morning) Criminal Law (afternoon) FOURTH DAY Remedial Law (morning) Legal Ethics (afternoon)BASIC LEGAL ETHICS Morning subjects have four hours — 8:00 a.m. to 12:00 Dam, and afternoon subjects have three hours — 2:00 p.m. to 5:00 p.m, The examinations shall have a combination of MCQ’s (multiple choice questions) of 60% and 40% essay questions. The MCQ's shal be corrected electronically and the essay type questions shall be corrected manually by the examiner assigned, each component having the said weights. The general average of each candidate shall have the following weighted average for each subject: Political and International Law — 15% Labor and Social Legislation Law — 10% Civil Law — 15% Taxation — 10% Mercantile Law — 15% Criminal Law — 10% Remedial Law 20% Legal Ethics and Practical Exercises — 5% 100% : The Practical Exercises portion of the last examination, that iy in Legal Ethics shall be in the form of a Trial Memorandum Writié Test. The distribution of questions (MCQ’s) are as follows: Political Law 100 questions Labor Law 75 questions Civil Law 100 questions Taxation 75 questions Mercantile Law 100 questions Criminal Law 75 questions Remedial Law 100 questions Legal Ethics 50 questions And Trial Memorandum was . a Essay writing will be the usual essay questions and you Mo expect 10 essay questions with sub-questions. The percentaee ” each question will be indicated. It is upon the bar examine iN a a>CHAPTER IV 58 REFORMS IN THE BAR EXAMINATIONS budget the time as to how long he will answer the MCQ’s and essay questions. Both MCQ’s and essay questionnaires will be distributed at the same time. However, the suggested time for MCQ’s is two hours for morning subjects and one hour and 30 minutes for afternoon subjects. Once finished, examinee may submit the MCQ exams. There is no set A and Set B questionnaires this time. All examinees will get the same set of questions for both MCQ’s and essay type exams. MCQ's have sheets for shading and the Chairperson reminds examinees to be careful in shading their details, filling out forms and they must read carefully the instructions. Essay type questions can be expected as the “old style type” of questions with some sub-questions. Notebooks will be used for this exam. How do you go about the Trial Memorandum Writing Test? The examinee will be given a set of facts. Similar to the 2011 bar examinations, the examinee will be asked to state the issues and argue or defend one’s position. The problem may indicate what side is supposed to be taken or it may also be a choice as to whether the examinee takes the prosecution side or the defense side. Do we give questionnaires to the deans after examina- tions? The questionnaires may be given to examinees, if they wish to after each examination. Do we expect the same type of MCQ’s as in 2011? According to Justice Villarama, he is giving the examiners the Prerogative to formulate their own questions. But of course, subject to his review and he may introduce his own questions. How do you check the Trial Memorandum, by examiner or panel also? No panel. The Trial Memorandum will be checked by the examiner in Legal Ethics. The MCQ’s shall be electronically checked while essay type uestions shall be manually corrected by their respective examimers.60 BASIC LEGAL ETHICS Do we apply the two-examiner rule and the DQ rule? No more. I respect the resolution of the Court discontinyin, these rules in the past two years. 8 COVERAGE OF THE 2012 BAR EXAMINATIONS The coverage of the 2012 Bar Examinations can already by downloaded from the SC website: sc.judiciary.gov.ph. The ru les f refreshers and five-take rule as per B.M. No. 1161 still applies, sl The decisions cut-off date is January 31, 2012 for the Coverage, It will strictly be followed and expect reasonable questions. Other Reminders by the Chairperson: Be cautious. Read and understand the simple instructions on the cover of each questionnaire. You can expect a fair and reasonable set of questions. The questions, as much as possible will be distributed according to the announced coverage of the examinations. No questions will be asked beyond the cut-off period of January 31, 2012. THE 2013 BAR EXAMINATIONS In the 2013 Bar Examinations, Justice Arturo Brion, the Chairperson opted to use the 80-20 combination, meaning 80% of the exams is on essay-type form and 20% is on MCQ type of questions. There are several bar bulletins posted at the SC website particularly, sc.judiciary.gov.ph, which updates the barristers of the latest happenings including the syllabus for each subject, guidelines for the bar examinations proper, even traffic advisories, pertinent petition forms and test questions after each Sunday. The morning subjects were from 8:00 a.m. to 12:00 noon and afternoon subjec were from 2:00 p.m. to 6:00 p.m. The venue was University of Ste Tomas and the dates were October 6, 13, 20, and 27. a The coverage of the bar exams was also posted and the ie for Supreme Court decisions covered by the 2013 bar examina was until January 31, 2013. 7 nm Whether the MCQ or essay, the questions were based given set of facts, presented as briefly but as clearly and cone 8 as possible, taking into account that every examinee needs ryertt understanding, consideration of the applicable law, and an time for every question. >» thCHAPTER IV 61 REFORMS IN THE BAR EXAMINATIONS The whole examination was answerable by the average bar examinee within 3.5 hours (210 minutes) to allow him or her 30 minutes of review time. The basic elements of problem solving that the examiners particularly looked for were: the examinee’s: 1) Proper understanding and appreciation of facts, particularly of the components or details that can be material in resolving the given problem; 2) His or her appreciation of the applicable laws that may come into play; 3) Recognition of the issue posed; and 4) Resolution of the issues through the analysis and application of the law in the given facts. The examinee’s presentation and articulation of his or her answer shall also be given weight. The 20% MCQ portion of the examination shall be divided into four or five main fact situations from which the MCQ questions shall be asked. The 80% essay portion of the exam shall be divided into eight divisions of 10 points each, with a maximum of two facts per division from which question shall be drawn. oo The corresponding weight of each question was properly indicated in the questionnaire, together with estimated answering time, to allow the examinee proper allotment of his or her exam time. All administrative matters and queries were handled by the Office of the Bar Confidant at the 3rd floor of the Multi-purpose Building, Supreme Court of the Philippines, Padre Faura Manila with telephone number 526-81-22 or 525-79-29 or e-mail at baroffice@ 8c,judicia; Ty.gou.ph addressed to Atty. Ma. Cristina B. Layusa, Bar Confidant. THE 2014 BAR EXAMINATIONS Justige hsitperson of the 2014 Bar Examinations was Associate that 80% iosdado Peralta. He adopted an 80%-20% type of exam such Mc Q's 1s essay and 20% is a multiple choice type of questions. The Ustal are incorporated within the essay type of questions and the Problem type of questions were given.