Arellano University School of

Lawfor Legal Education and Research

Center

LEGAL ETHICS

LEGAL ETHICS

1. State the lawyer’s oath.

a. I, ___________________, do solemnly swear that I will maintain allegiance to the Republic of

the Philippines.
b. I will support its Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein;
c. I will do no falsehood, nor consent to the doing of any in court;
d. I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid
nor consent to the same;
e. I will delay no man for money or malice, and will conduct myself as a lawyer according to the
best of my knowledge and discretion, with all good fidelity as well to the courts as to my
clients; and
f. I impose upon myself these voluntary obligations without any mental reservation or purpose
of evasion. So help me God.

2. What is Practice of Law?

Practice of law means any activity which requires the application of law, legal procedure, knowledge,
training and experience. To practice law is to give notice or render any kind of service, which device
or service requires the use in any degree of legal knowledge or skill (Cayetano vs. Monsod, G.R. No. 100113,
September 3, 1991).
3. Cite the primary characteristics of the legal profession which distinguishes it from a business.

a. A duty of public service which emolument is a by-product, and in which one may attain the
highest eminence without making such money;
b. A relation as officer of the court to the administration of justice involving thorough sincerity,
integrity and reliability;
c. A relation to client in the highest degree fiduciary;
d. A relation to colleagues characterized by candor, fairness and unwillingness to resort to
current business methods of advertising and encroachment on their practice, or dealing
directly with their clients. (In Re Petition for Authority to Continue Use of the Firm Name Sycip, Salazar,
Feliciano, Hernandez & Castillo, July 30, 1979)

4. What are the continuing requirements for the Practice of Law?

a. Payment of Professional Tax;

b. Membership and Payment of IBP dues;
c. Good and regular standing;
d. Compliance with MCLE;
e. Possession of good moral character; and
f. Citizenship.

The practice of all professions in the Philippines shall be limited to Filipino Citizens, save in
cases prescribed by law, pursuant to Section 14, Article XII of the 1987 Constitution. Hence, the
loss of Philippine Citizenship ipso jure terminates the privilege to practice law in the Philippines.
5. What are the allowable or permissible forms of advertising by a lawyer?

a. Publication in reputable law lists of brief biographical and honest informative data;
b. Use of an ordinary professional business card;
c. Announcements of specialization and availability of service in legal journal for lawyers;
d. Seeking of appointment to public office requiring lawyers;
e. Advertising to seek full-time position as counsel for a corporation;
f. Offering free legal service to indigents through radio broadcasts or printed matter;
g. Announcement of opening of a law firm, changes of personnel, firm name or office address;
h. Listing in a telephone directory.

6. Define/discuss the following terms/concepts/rules:

It is the solicitation of almost any kind of legal business by an attorney,

Ambulance Chasing personally or through an agent in order to gain employment. (Linsangan vs. Atty.
Tolentino, A.C. No. 6672, September 4, 2009)

Amicus curiae A lawyer appointed by the court to advise the court on intricate questions of
(friend of court) law in a case that the lawyer may have some expertise in. (Bar 2015)
It is an agreement in writing where the fee, often a fixed percentage of what
Contingent Fee Contract may be recovered in the action, is made to depend upon the success of the
litigation. (Conjugal Partnership Property of Sps. Cadavedo vs. Lacaya, G.R. No. 173188,
January 15, 2014)
similar to a contingent fee agreement, the lawyer is paid only if he is
successful in handling the case. But what makes it champertous is the
Champertous provision that the lawyer will shoulder all expenses of litigation, making
Agreement the lawyer a businessman invested in the case in the hope that he will profit
therefrom. A contingent fee contract is valid, while a champertous agreement
is invalid. (The Conjugal Partnership of the Spouses Cadavedo vs. Lacaya, G.R. No. 173188,
January 15, 2014)
A lawyer appointed by the court to represent a party who cannot afford to
Counsel de oficio secure a lawyer to represent him in a case. (In Re: Atty. Adriano, G.R. No. L-26868,
February 27, 1969))
Counsel de parte A lawyer chosen by a party to represent him in a case. (Bar 2015)
It is the branch of moral science which treats of the duties which an attorney
Legal Ethics owes to the court, to his client, to his colleagues in the profession, and to the
public. (Agpalo, Legal and Judicial Ethics, p. 2, 2009)
An act or continuing conduct of a professional which does not meet the
standard of professional competence and results in provable damages to
Malpractice his/her client or patient. Such an error or omission may be through
negligence, ignorance (when the professional should have known), or
intentional wrongdoing. (http://dictionary.law.com)
 It refers to any person commissioned/appointed by the court whose duty is to
attest to the genuineness of any deed or writing in order to render them
Notary Public available as evidence of facts stated therein and who is authorized by the
statute to administer various oaths. (Sec. 3, Rule II, A.M. No. 02-8-13-SC, 2004 Rules on
Notarial Practice)
The principle that justifies the payment of the reasonable value of the
Quantum Meruit services rendered by the lawyer and may be used to determine his
compensation in the absence of a written agreement for that purpose. (Atty.
Orocio v. Angulan, G.R. No. 179892-93, January 30, 2009)

It is the practice wherein lawyers temporarily enter government service, then

Revolving Door Concept leave it for large fees in private practice, where they can exploit information,
contacts, and influence garnered in government service. (PCGG vs.
Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005)

The sub judice rule restricts comments and disclosures pertaining to pending
Sub judice rule judicial proceedings. The restriction applies to litigants and witnesses, the
public in general, and most especially to members of the Bar and the Bench.
(Re: Show Cause Order in the case of Republic vs. Serreno, A.M. No. 18-06-01-SC, July 17, 2018)

7. As a manifestation of their Catholic faith, the partners named their firm, “The Law Firm of St.
Ignatius and Associates.” May the partners validly use this as their firm’s name?

No. Rule 3.02 of the CPR states that, “in the choice of a firm name, no false, misleading or assumed
name shall be used.” The appellation only tends to confuse the public and, in a way, demean both the
saints and the legal profession whose members must depend on their own name and record and
merit and not on the name/glory of other persons living or dead. (People v Gonzales, GR 139542, June 10,
2003)

8. What are the essential factors to establish the existence of the attorney-client privilege
communication?

a) Where legal advice of any kind is sought;

b) From a professional legal adviser in his capacity as such;
c) The communication relating to that purpose;
d) Made in confidence;
e) By the client;
f) Are at his instance permanently protected;
g) From disclosure by himself or by legal advisor;
h) Except the protection be waived. (Hadjula vs. Madianda, A.C. No. 6711, July 3, 2007)

9. What is the Binding Agency Doctrine?

It is the rule that the acts of the counsel binds the client because of the highly fiduciary relationship is
established between them. As an incident thereto, the negligence of the counsel likewise binds
the client except when the negligence of the counsel is so gross that the due process rights of the
client were violated. (Hin vs. CA, G.R. No. 191972, January 26, 2015)

10.What are the kinds of attorney’s lien?

 a. The retaining lien is the right of the attorney to retain the funds, documents, and papers of
his client which have lawfully come into his possession until his lawful fees and
disbursements have been paid and to apply such funds to the satisfaction thereof.

b. The charging lien is the right which the attorney has upon all judgments for the payment of
money, and executions issued in pursuance of said judgments, which he has secured in
litigation of his client (Section 33, Rule 127; Rustia vs. Abeto, G.R. No. L-47914, April 30,
1941).

11. Atty. Charles undertook to give Engr. Jico 10% commission from the attorney’s fees the latter
would receive in representing the Spouses Yap whom the latter referred. May Atty. Charles
professionally or ethically promise a commission?

No. Rule 9.02, Canon 9 of the CPR prohibits a lawyer from dividing or stipulating to divide a fee for
legal services with persons not licensed to practice law. (Tumbokon vs. Pefianco, A.C. No. 6116, Aug. 1, 2012, J.
Perlas-Bernabe)

12. What is the Conflict of Interests Rule?

“A lawyer shall not represent conflicting interests except by written consent of all concerned given
after a full disclosure of the facts.” A lawyer is prohibited from representing new clients whose
interests oppose those of a former client in any manner, whether or not they are parties in the same
action or on totally unrelated cases. The prohibition is founded on the principles of public policy. (Rule
15.03, Canon 15, CPR; Orola vs. Ramos, A.C. No. 9860, September 11, 2013, J. Perlas-Bernabe)

13. Atty. Duran claimed that his failure to return the P100,000.00 fee he collected from his client.
His defense was his failure to do so was due to the fact that he lost most of his assets.
Should he be still held liable?

Yes. Atty. Joel violated Rules 16.01 and 16.03, Canon 16 of the CPR when he failed to return the
amount of P100,000.00 representing the legal fees that his client paid him. A lawyer’s failure to return
upon demand the funds held by him on behalf of his client, gives rise to the presumption that he has
appropriated the same for his own use in violation of the trust reposed in him by his client. (Egger vs.
Duran, A.C. No. 11323, September 14, 2016, J. Perlas-Bernabe)

14. Carina engaged the services of Atty. Francisco of Francisco & Francisco law firm with a
contingent fee agreement equivalent to 10% of her claim. However, after a judgment has been
rendered, she entered into a compromise agreement without the participation of her counsel.
Atty. Francisco filed a motion to intervene praying that Carina be ordered to pay them PhP4
million, representing 10% of the amount received in settlement of the case, plus 6% legal
interest. Atty. Francisco claims that he was dismissed without justifiable cause prior to the
signing of the compromise agreement for the reason that Carina wanted to evade payment of
their legal fees.
a. Can Carina enter into a compromise agreement without the participation of Atty.
Francisco?

Yes. A client has an undoubted right to settle her litigation without the intervention of the
attorney, for the former is generally conceded to have exclusive control over the subject
matter of the litigation and may at any time, if acting in good faith, settle and adjust the cause
of action out of court before judgment, even without the attorney’s intervention. It is important
for the client to show, however, that the compromise agreement does not adversely affect
third persons who are not parties to the agreement. (Malvar vs. Kraft Food Philippines, Inc., G.R. No.
183952, September 9, 2013)

b. Should Atty. Francisco be allowed to intervene in order to collect his fees?

Yes, the motion for intervention must be granted to protect the Attorney’s Rights as a
measure of protecting the Intervenor’s right to its stipulated professional fees that would be
denied under the compromise agreement. The Court does so in the interest of protecting the
rights of the practicing Bar rendering professional services on contingent fee basis. (ibid)

c. Assuming that Atty. Francisco who personally handled Carina’s case had already
resigned from the law firm, can Carina refuse to pay attorneys' fees on that ground?
 No. A client who employs a law firm engages the entire law firm; hence, the resignation,
retirement or separation from the law firm of the handling lawyer does not terminate the
relationship, because the law firm is bound to provide a replacement. (Ibid)

15. Describe the Mandatory Continuing Legal Education (MCLE) required of IBP members and its
purpose.

MCLE is a rule promulgated by the Supreme Court requiring all lawyers, with few exceptions, to earn
36 units of legal education every three (3) years. Its purpose is to ensure that members of the bar
keep abreast with law and jurisprudence, maintain the ethics of the profession, and enhance the
standards of the practice of law. Non-compliance shall merit the payment of a non-compliance fee
and listing as a delinquent member.

16. Who are members of the bar that are exempted from taking the MCLE?

a. The President and the Vice President of the Philippines, and the Secretaries and
Undersecretaries of Executive Departments;
b. Senators and Members of the House of Representatives;
c. The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired
members of the judiciary, incumbent members of the Judicial and Bar Council and incumbent
court lawyers covered by the Philippine Judicial Academy program of continuing judicial
education;
d. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department
of Justice;
e. The Solicitor General and the Assistant Solicitors General;
f. The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
g. Chairmen and Members of the Constitutional Commissions;
h. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special
Prosecutor of the Office of the Ombudsman;
i. Heads of government agencies exercising quasi-judicial functions;
j. Incumbent deans, bar reviewers and professors of law who have teaching experience for at
least ten (10) years in accredited law schools;
k. The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial
Lecturers of the Philippine Judicial Academy; and
l. Governors and Mayors. (Sec. 1, Rule 7, Revised Rules on the Continuing Legal Education of the Members of
the Integrated Bar of the Philippines, B.M. 850, October 2, 2001)

Other parties exempted from the MCLE:

 m. Those who are not in law practice, private or public; and
n. Those who have retired from law practice with the approval of the IBP Board of Governors.
(Sec. 2, Rule 7, Revised Rules on the Continuing Legal Education of the Members of the Integrated Bar of the
Philippines, B.M. 850, October 2, 2001)

17. Atty. Arthur borrowed from Erika several amounts of peso. He paid Erika by issuing checks
which were subsequently dishonored. Erika filed an administrative case against Atty. Arthur.

a. Should Atty. Arthur be held administratively liable?

Yes. Atty. Arthur violated Rule 1.01, Canon 1 of the CPR which provides that “A lawyer shall not
engage in unlawful, dishonest, immoral or deceitful conduct.” The deliberate failure to pay just
debts and the issuance of worthless checks constitute gross misconduct. Lawyers are expected
to maintain not only legal proficiency but also a high standard of morality, honesty, integrity and
fair dealing so that the peoples' faith and confidence in the judicial system is ensured. (Lim vs.
Rivera, A.C. No. 12156, June 20, 2018, J. Perlas-Bernabe)

b. Should the court order in the same proceedings the return of the amount owed?

No. In disciplinary proceedings against lawyers, the only issue is whether the officer of the court is
still fit to be allowed to continue as a member of the Bar. The Court’s findings during
administrative-disciplinary proceedings have no bearing on the liabilities of the parties involved
which are purely civil in nature as the same should be threshed out in a proper proceeding of
such nature. (Lim vs. Rivera, A.C. No. 12156, June 20, 2018, J. Perlas-Bernabe)

18. What are the conditions for Law Student Practice?

a. A law student who has successfully completed his 3rd year in law school of a 4-year
curriculum;
b. Currently enrolled in a recognized law school’s clinical legal education program approved by
the Supreme Court;
c. May appear without compensation in any civil, criminal or administrative case to represent
indigent clients accepted by the legal clinic;
d. His appearance in court is subject to supervision and control of a member of IBP duly
accredited by the law school; and,
e. Any pleadings, motions, briefs, memoranda or other papers to be filed must be signed by the
supervising attorney (Secs. 1 & 2, Rule 138-A, RRC).

19. What are the grounds for mandatory or compulsory disqualification of a judge?
 a. He or his wife or his child is pecuniary interested as heir, legatee, creditor or otherwise;
b. Relation to either party within the sixth degree of consanguinity or affinity or to counsel within
the fourth civil degree;
c. When he has been an executor, guardian, administrator, trustee or counsel;
d. When he has presided in an inferior court where his ruling or decision is subject to review;
and
e. The judge has personal knowledge of disputed evidentiary facts concerning the proceeding
(Canon 3.12 (a), Code of Judicial Conduct; Rule 137, RRC).

20. Distinguish Disqualification from Inhibition.

DISQUALIFICATION (Rule 137, RRC) INHIBITION

The Rules enumerate the specific and exclusive grounds The Rules does not expressly enumerate the specific
under which any judge or judicial officer is disqualified grounds for inhibition but merely gives a broad basis
from acting as such. thereof, i.e. good sound or ethical grounds

Rules give the judicial officer NO DISCRETION to try or sit Rules leave the matter of inhibition to the SOUND
in a case. DISCRETION of the judge.

21. What are the grounds for disbarment or suspension?

a. Deceit;
b. Malpractice or other gross misconduct in such office;
c. Gross immoral conduct;
d. Conviction of a crime involving moral turpitude;
e. Violation of oath of office;
f. Willful disobedience of a lawful order of a superior court
g. Corruptly or willfully appearing as an attorney for a party to a case without authority to do so;
and
h. Disbarment in foreign jurisdiction. (Sec. 27, Rule 138, RRC)

22. What is the prescriptive period to file a complaint for disbarment?

None. The filing of a disciplinary complaint does not prescribe, regardless of the number of years that
lapsed. (Heirs of Lydio Falame vs. Baguio, A.C. No. 6876, March 7, 2008)
23. What is the rule on publicizing a disbarment case?

It is settled that Section 18, Rule 139-B of the Rules of Court is not a restriction on the freedom of the
press. As long as there is a legitimate public interest, the media is not prohibited from making a fair,
true, and accurate news report of a disbarment complaint. However, in the absence of a legitimate
public interest in a disbarment complaint, members of the media must preserve the confidentiality of
disbarment proceedings during its pendency. (Palad v Solis, G.R. No. 206691, October 3, 2016)

24. Is the suspension of a lawyer automatically lifted upon the lapse of the suspension period?

No. A lawyer’s suspension is not automatically lifted upon the lapse of the suspension period. The
lawyer must submit the required documents and wait for an order from the Court lifting the
suspension before he or she resumes the practice of law. (OCA Circular No. 44-2014; Yap-Paras vs. Paras, A.C.
No. 5333, March 13, 2017, J. Perlas-Bernabe)

25. May the IBP investigate a government lawyer who is charged with an administrative offense in
relation to their official duties?

No. Acts or omissions of public officials relating to the performance of their functions as government
officials are within the administrative disciplinary jurisdiction of the Office of the Ombudsman, Civil
Service Commission, or heads of agencies as applicable. The IBP has no jurisdiction over
government lawyers who are charged with administrative offenses involving their official duties.
(Alicias, Sr. vs Macatangay, et al., A.C. No. 7478, January 11, 2017)
 JUDICIAL ETHICS

26. What are the six canons under the New Code of Judicial Conduct for the Philippine
Judiciary?

a. Independence – Judicial independence is a pre-requisite to the rule of law and a

fundamental guarantee of a fair trial;
b. Integrity – It is essential not only to the proper discharge of the judicial office but also to the
personal demeanor of judges;
c. Impartiality – It is essential to the proper discharge of the judicial office. It applies not only to
the decision itself but also to the process by which the decision is to be made.
d. Propriety – Propriety and appearance of propriety are essential to the performance of all the
activities of a judge;
e. Equality – Ensuring equality of treatment to all courts is essential to the performance of the
judicial office; and
f. Competence & Diligence – It is a pre-requisite for the due performance of judicial office.
(New Code of Judicial Conduct for Philippine Judiciary)

27. What are the qualifications of the RTC & First Level Court Judges?

RTC Judges First Level Court Judges

a) Filipino Citizen;
b) Must be of proven competence, integrity,
probity, and independence;
c) Member of the Philippine Bar;
d) At least thirty-five years of age;
e) Have been engaged in the practice of law
in the Philippines for at least
10 years or have held a public office in the
Philippines requiring admission to the
practice of law as an indispensable
requisite.
a) Filipino Citizen;
b) Must be of proven competence, integrity,
probity, and independence;
c) Member of the Philippine Bar;
d) At least thirty years of age;
e) Have been engaged in the practice of law
in the Philippines for at least 5 years or
have held a public office in the Philippines
requiring admission to the practice of law
as an indispensable requisite.

28. What is the concept of Integrity as a qualification for the members of the Philippine
Judiciary?
 Integrity contemplates both adherence to the highest moral standards and obedience to laws and
legislations. Integrity, at its minimum, entails compliance with the law; closely related to, or if not,
approximately equated to an applicant's good reputation for honesty, incorruptibility, irreproachable
conduct, and fidelity to sound moral and ethical standards; the quality of person's character; To be of
proven integrity means that the applicant must have established steadfast adherence to moral and
ethical principles. (Republic v. Sereno, G.R. No. 237428, May 11, 2018)

29. Who are the members of the Judicial and Bar Council?

a) Chief Justice;
b) Secretary of Justice;
c) A representative of the Congress;
d) A representative of the Integrated Bar;
e) A professor of law;
f) A retired Member of the Supreme Court; and
g) A representative of the private sector. (Art. VIII, Sec. 8 of the 1987 Constitution)

30. Judge Kat in filing a personal letter-complaint with Meralco used her official court stationary
and signed the letter as “Judge Kat.” Did she violate any professional or ethical standards for
judges?

Yes. Judge Kat violated Section 8, Canon 4, of the New Code of Judicial Conduct which provides
that “Judges shall not use or lend the prestige of the judicial office to advance their private interests,
or those of a member of their family or of anyone else, nor shall they convey or permit others to
convey the impression that anyone is in a special position improperly to influence them in the
performance of judicial duties.”
31. Judge Marie, irked by the resetting of the pre-trial conference by Atty. Borgy, humiliated the
latter saying that he is wasting the precious time of the court. The witnesses were likewise
scolded for failing to immediately respond to questions on the witness stand. Do the acts of
Judge Marie constitute violation of the Code of Judicial Conduct?

Yes. Judge Marie violated Section 6, Canon 6, of the New Code of Judicial Conduct which provides
that “Judges shall maintain order and decorum in all proceedings before the court and be patient,
dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the judge
deals in an official capacity. Judges shall require similar conduct of legal representatives, court staff
and others subject to their influence, direction or control.”

32. Can a judge be held administratively liable for displaying her photographs in a social
networking website wherein she posted her personal details as a Judge, allegedly for the
purpose of finding a compatible partner, and posed with her upper body barely covered by a
shawl?

Yes. While joining a social networking site is an exercise of one’s freedom of expression, the Code of
Judicial Conduct imposes a correlative restriction on judges: in the exercise of their freedom of
expression, they should always conduct themselves in a manner that preserves the dignity of the
judicial office and the impartiality and independence of the Judiciary. (Lorenzana vs Judge Austria,
AM. No. RTJ-09-2200, April 2, 2014)

33. After his compulsory retirement of Judge Mars, the OCA conducted a judicial audit in her
court. In its report, the OCA found Judge Mars for gross inefficiency and undue delay in
rendering a decision or order, gross ignorance of procedural law, and unreasonable delay in
the issuance of an order for the execution of the judgment in four (4) civil cases.

a. Should Judge Mars be administratively liable despite her retirement from service?

No. In order for the Court to execise jurisdiction, the complaint must be filed during the
incumbency of the respondent public official or employee. This is because the filing of an
administrative case is predicated on the holding of a position or office in the government service.
(OCA vs. Grageda, A.M. No. RTJ-10-2235, March 11, 2013, J. Perlas-Bernabe)

b. Will your answer be the same if the administrative complaint was filed while she was
still in office but subsequently resigned or retired during the pendency of the case?

No. Once jurisdiction has attached, the same is not lost by the mere fact that the public official or
employee was no longer in office during the pendency of the case. Cessation from office by
reason of resignation, death or retirement is not a ground to dismiss the case filed against the
said officer or employee at the time that he was still in the public service or render it moot and
academic. (OCA vs. Grageda, A.M. No. RTJ-10-2235, March 11, 2013, J. Perlas-Bernabe)
34. Judge Jico believes in "psychic visions" of foreseeing the future because of his power in
"psychic phenomenon" and applies the same in rendering his court decisions. Does this
indicate gross deficiency in competence and independence of a Judge?

Yes. Psychic phenomena, even assuming such exist, have no place in a judiciary, which is duty
bound to apply only positive law and, in its absence, equitable rules and principles in resolving
controversies. (OCA vs. Judge Floro, Jr. A.M. No. RTJ-99-1460, March 31, 2006)

35. May a disbarment case proceed despite the lack of interest and/or filing of motion to
withdraw of the Complainant to continue thereof?

Yes. A case of suspension or disbarment may proceed regardless of interest or lack of interest of the
complainant, the latter not being a direct party to the case, but a witness who brought the matter to
the attention of the Court. Disciplinary proceedings involve no private interest and afford no redress
for private grievance. They are undertaken and prosecuted solely for the public welfare, and for the
purpose of preserving courts of justice from the official ministration of persons unfit to practice. (Isalos
vs. Cristal, A.C. No. 11822, November 22, 2017, J. Perlas-Bernabe)

36. What is the “automatic conversion” concept of administrative cases against judges and
justices?

If the administrative cases filed against judges, justices and court officials who are lawyers are based
on grounds which are likewise grounds for the disciplinary action of members of the Bar, said
administrative case shall also be considered a disciplinary action against the respondent as a
member of the Bar. The respondent may forthwith be required to comment on the complaint and
show cause why he should not also be suspended, disbarred or otherwise disciplinarily sanctioned
as a member of the Bar. Judgment in both respects may be incorporated in one decision or
resolution. (Re: Automatic Conversion, A.M. No. 02-9-02-SC. September 17, 2002)
 NOTARIAL PRACTICE

37. What are the qualifications to become a notary public?

a. Must be a citizen of the Philippines;

b. Must be over twenty-one (21) years of age;
c. Must be a resident in the Philippines for at least one (1) year and maintains a regular place of
work or business in the city or province where the commission is to be issued;
d. Must be a member of the Philippine Bar in good standing with clearances from the Office of
the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and
e. Must not have been convicted in the first instance of any crime involving moral turpitude. (Sec.
1, Rule III, A.M. No. 02-8-13-SC, 2004 Rules on Notarial Practice)

38. What is the territorial limitation of a notary public’s jurisdiction?

A person commissioned as notary public may perform notarial acts in any place within the territorial
jurisdiction of the commissioning court for a period of two (2) years commencing the first day of
January of the year in which the commissioning court is made, unless either revoked or the notary
public has resigned under these Rules and the Rules of Court. (Sec. 11, Rule III, A.M. No. 02-8-13-SC, 2004
Rules on Notarial Practice).

39. What is a competent evidence of identity?

It refers to the identification of an individual based on:

a. At least one current identification document issued by an official agency bearing the
photograph and signature of the individual (Government-issued Valid ID), such as but not
limited to: Passport, Driver’s license, Professional Regulations Commission ID, etc.; and
b. The oath or affirmation of one credible witness not privy to the instrument, document or
transaction who is personally known to the notary public and who personally knows the
individual, or of two (2) credible witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows the individual and shows to the notary
public documentary identification. (Section 12, 2004 Rules on Notarial Practice, as amended by A.M. No.
02-8-13-SC)

40. When is the notary public disqualified from performing a notarial act?

a. is a party to the instrument or document that is to be notarized;

b. will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest,
cash, property, or other consideration, except as provided by these Rules and by law; or
c. is a spouse, common-law partner, ancestor, descendant, or relative by affinity or
consanguinity of the principal within the fourth civil degree. (Section 3, Rule IV 2004 Rules on Notarial
Practice, as amended by A.M. No. 02-8-13-SC)

41. Can a notarial public notarize a document from a person personally known to him without
requiring the presentation of the latter's ID?
 A person shall not perform a notarial act if the person involved as signatory to the instrument or
document –
a. is not in the notary's presence personally at the time of the notarization; and
b. is not personally known to the notary public or otherwise identified by the notary public
through competent evidence of identity as defined by these Rules. (Section 2(b), Rule IV 2004
Rules on Notarial Practice, as amended by A.M. No. 02-8-13-SC)

42. What are the guidelines in resolving requests for Judicial Clemency (Petition for
Reinstatement as a member of the Philippine Bar)?

a. There must be proof of remorse and reformation. These shall include but not limited to
certifications or testimonials of the officer(s) or chapter(s) of the Integrated Bar of the
Philippines, judges or judges’ associations and prominent members of the community with
proven integrity and probity;
b. Sufficient time must have lapsed from the imposition of the penalty to ensure a period of
reform;
c. The age of the person asking for clemency must show that he still has productive years
ahead of him that can be put to good use by giving him a chance to redeem himself;
d. There must be a showing of promise (such as intellectual aptitude, learning or legal acumen
or contribution to legal scholarship and the development of the legal system or administrative
and other relevant skills), as well as potential for public service; and
e. There must be other relevant factors and circumstances that may justify clemency (A.M. No.
07-7-17-SC)

PRACTICAL EXERCISES

43. Distinguish Jurat from Acknowledgment.

JURAT ACKNOWLEDGMENT

a. Part of an affidavit where the officer certifies a. Act of one who has executed a deed, in going
that the same was sworn before him; and before some competent officer or court and
b. Accompanies any notarized document that is declaring it to be his act or deed; and
declaratory in nature. b. Accompanies any notarized document that
transmits rights or properties.
a. Affidavits; a. To authenticate an agreement between two or
b. Certifications; more persons; and
c. Judicial Affidavit;
 d. Complaint; b. Where a document pertains to a disposition of
e. Information; and property or transfer of rights.
f. Whenever the affiant makes a statement of
facts or attests to the truth of an event under
oath.
a. To authorize the deed to be given in evidence
without further proof of its execution; and
b. To entitle it to be recorded.
Gives the document legal character.

44. Draft a Jurat and an Acknowledgment.

JURAT ACKNOWLEDGMENT

SUBSCRIBED and sworn to before me this REPUBLIC OF THE PHILIPPINES )

__(date)____ in _____(place)____, affiant after exhibiting CITY OF ___________________ ) S.S.
to me his/her __(valid government id)___, as competent
evidence of his/her identity. BEFORE ME, this ____ day of ____, 2019 in the
City of _________, personally appeared:

Name Competent Evidence Place and Date

of Identity of Issue

______ _________________ _____________

______ _________________ _____________

known to me to be the same person who executed the

foregoing instrument, and acknowledged that the same
are their free act and deed.

This instrument, consisting of __ pages, including

the page on which this acknowledgement is written, has
been signed on the left margin of each and every page
thereof by _________________________ and
_______________________, and their witnesses, and
sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my

hand and affixed my notarial seal on the date and place
above written.

Notary Public
Commission Expires on _______
Commission No.______: (Place)
(Date)
Notary Public
Roll No. ____;(Date)
Commission Expires on _______
IBP No. ____ (Place) (Date)
Commission No.______: (Place)
PTR No. ____ (Place) (Date)
(Date)
MCLE No.____(Place) (Date)
Roll No. ____;(Date)
(Office Address)
IBP No. ____ (Place) (Date)
(Contact Details – Phone number
PTR No. ____ (Place) (Date)
and/or email address)
MCLE No.____(Place) (Date)
(Office Address)
(Contact Details – Phone number
and/or email address)
 Doc. No. _____:
Doc. No. _____: Page No. _____;
Page No. _____; Book No. _____;
Book No. _____; Series of 2019.
Series of 2019.
 ACKNOWLEDGMENT ACKNOWLEDGMENT
by a Corporation of Instrument Conveying Two or More
Parcels of Land
REPUBLIC OF THE PHILIPPINES )
CITY OF ___________________ ) S.S.

BEFORE ME, this ____ day of ____, 2019 in the

City of _________, personally appeared:

Name Competent Evidence Place and Date

of Identity of Issue

______ _________________ _____________

REPUBLIC OF THE PHILIPPINES ) ______ _________________ _____________
CITY OF ___________________ ) S.S.
known to me to be the same person who executed the
BEFORE ME, this ____ day of ____, 2019 in the foregoing instrument, and acknowledged that the same
City of _________, personally appeared: are their free act and deed.

Name Competent Evidence Place and Date This instrument relates to the sale (or mortgage) of
of Identity of Issue ______________ parcels of land, and consists of ____
pages, including the page on which this
______ _________________ _____________ acknowledgement is written, has been signed on the left
______ _________________ _____________ margin of each and every page thereof by
_________________________________ and
representing to be the President (or manager) of __________________________ and their witnesses, and
_______________________________, and known to me sealed with my notarial seal.
to be the same person who executed the foregoing
IN WITNESS WHEREOF, I have hereunto set my
instrument for and in behalf of the said corporation, and hand and affixed my notarial seal on the date and place
he acknowledged to me that the same is the corporate above written.
act and deed of _______________________________,
and that he is duly authorized to sign the same.

NOTARY PUBLIC

IN WITNESS WHEREOF, I have hereunto set my

hand and affixed my notarial seal on the date and place
above written.

DOC/PAGE/BOOK/SERIES

NOTARY PUBLIC

DOC/PAGE/BOOK/SERIES
45. Draft a Final Demand to Pay and an Authorization Letter.

FINAL DEMAND TO PAY AUTHORIZATION LETTER

__ November 2019

ADDRESSEE
__ November 2019 Address

Dear Mr./Ms. ______

AUTHORIZATION

ADDRESSEE
I, (authorizing person), hereby authorize (authorized
Address
person), my (relationship), to act on my behalf in all
necessary transactions concerning (state personal
FINAL DEMAND TO PAY
circumstance/matters, as applicable).
Dear Mr./Ms. ______

A copy of my (PRC/Driver’s License/Other IDs) ID is

with her/him for your reference. Thank you.
We write on behalf of our client, (client’s name),
regarding the matter of the non-payment of your
obligation. AUTHORIZING PERSON

Records disclose that you have an outstanding

obligation with our client in the sum of ________
(Php_______), inclusive of interest. Despite repeated
demands, you failed and continuously fail to pay the said
amount.

Accordingly, final demand is given to you to settle

the amount of __________ (Php________) within
_______ days from receipt of this letter. Otherwise, we
will be constrained to file the necessary legal actions,
criminal and civil, to protect the interests of our client.

Trusting your prompt payment and compliance as

herein demanded. In the event that you want to still
confer or amicably settle with us on the content of this
letter, you may call on us at the telephone and cellular
phone indicated herein.

ATTY. ____________________
Counsel for Ms./Mr. _____________

46. Draft a Simple Lease Contract and a Deed of Absolute Sale of a Real Property.
 SIMPLE LEASE CONTRACT
CONTRACT OF LEASE
KNOWN ALL MEN BY THESE PRESENTS:
This CONTRACT, made and entered into by and
between:
____________________, of legal age, Filipino,
single/married, with residence and postal address at
______________, and hereinafter referred to as the
LESSOR;
- and –
____________________, of legal age, Filipino,
single/married, with residence and postal address at
______________, and hereinafter referred to as the
LESSEE;
WITNESSETH
That, the LESSOR leases a certain office table and
space or portion of an office of an office space, otherwise
known as ____________________________________,
in favor of the LESSEE, for office use and/or purposes
only, within a period of one (1) year, commencing on
_(date)_, for and in consideration of the monthly rental in
the amount of ______________ (Php ___________)
Pesos, Philippine Currency;
That, the said monthly rental shall be paid on or
before the 5th day of each month, beginning
____________; and, upon signing and execution of this
contract, the LESSEE shall satisfactorily pay unto and in
favor of the LESSOR the sum equivalent to _______
months rental, as deposit, and the aforesaid provided
monthly rental;
That, it is further agreed that the said deposit may
only be applied and/or used for the remaining _________
months of this lease contract; and, as the case may be,
this contract may be renewed upon and by the mutual
consent of the parties whereof;
DONE, on this ___ day of _________, 2019, at
__________ City.
______________ ______________
LESSOR LESSEE
Signed in the Presence of:
DEED OF ABSOLUTE SALE
OF A REAL PROPERTY
DEED OF ABSOLUTE SALE
KNOWN ALL MEN BY THESE PRESENTS:
This Deed of Sale is made and entered into by and
between:
(name of seller/s and personal circumstances), herein
referred to as “SELLER”,
-and-
(name of buyer/s and personal circumstances),
hereinafter referred to as “BUYER”.
WITNESSETH THAT:
WHEREAS, the SELLER is the absolute owner and
title holder of a parcel of land located at (address of the
property), particularly described in TCT No. ________ as
follows:
(Description of the property)
WHEREAS, the SELLER hereby warrants his valid
title to and peaceful possession of the property herein
sold and conveyed and further declare that the same is
free and clear of all liens and encumbrances of any kind
whatsoever;
WHEREAS, the SELLER, is willing to sell, transfer
and convey the abovementioned lot with improvements
thereon to the BUYER, free from any liens and
encumbrances, and the latter has accepted the offer;
WHEREAS, the Parties mutually agree that the
BUYER shall bear all the expenses for the execution and
registration of this Deed of Sale (or state any other
stipulations/agreements between the parties);
NOW THEREFORE, for and in consideration of the
total sum of (purchase price in words) (Php_______)
Philippine Currency, the receipt of which is hereby
acknowledged in full sum from the BUYER, the SELLER
hereby SELLS, TRANSFERS, CONVEYS and
DELIVERS, by way of ABSOLUTE SALE, unto said
BUYER the property above described with all the
improvements existing thereon.
IN WITNESS WHEREOF, the parties hereto have
hereunto affixed their signatures, this
__________________ at _____________.
_____________ __________________
SELLER SELLER’S SPOUSE
(Marital Consent, if necessary)
_____________
 _______________ _______________ BUYER

Signed in the Presence of:

[A C K N O W L E D G M E N T]

_______________ _______________

[A C K N O W L E D G M E N T]

47. Draft a Deed of Absolute Sale of a Personal Property (i.e. Motor Vehicle).
 DEED OF SALE OF MOTOR VEHICLE

This Deed of Sale is made and entered into by and between:

(name of seller/s and personal circumstances), herein referred to as “SELLER”,

-and-

(name of buyer/s and personal circumstances), hereinafter referred to as “BUYER”.

WITNESSETH THAT:

WHEREAS, the SELLER is the absolute and registered owner of a motor vehicle which is more particularly
described as follows:

48. Draft a Notice of Hearing and an Ex Parte Notice of Hearing.

NOTICE OF HEARING EX PARTE NOTICE OF HEARING

EX PARTE NOTICE OF HEARING

THE BRANCH CLERK OF COURT

NOTICE OF HEARING Regional Trial Court – (City), Branch __

THE BRANCH CLERK OF COURT GREETINGS:

Regional Trial Court – (City), Branch __
Please submit the foregoing motion for the
consideration and approval of the Honorable Court
immediately upon your receipt hereof. Thank you.
 GREETINGS: ATTY. ____________

Please see this motion for hearing on (date), (day),

at (time).

CC: ATTY. _________

ATTY. ____________

Associated Law Office, if applicable

Counsel for (Plaintiff/Defendant)
Address

CC: ATTY. _________ OTHER PARTIES

Address

Associated Law Office, if applicable

Counsel for (Plaintiff/Defendant)
Address

OTHER PARTIES
Address

49. Draft a Motion for Extension of Time.

 [CAPTION]

MOTION FOR EXTENSION

Defendant through undersigned counsel in the above-entitled case respectfully alleges that:

1. The defendant was served with summons and a copy of the complaint on _____ and consequently has
only up to ____ within which to file an Answer;
2. The undersigned counsel has started to prepare the Answer but, unfortunately, due to pressure of work in
attending to other equally important cases, he will need additional time of 15 days from _____, to complete
and file the same;
3. That this motion is being filed solely for the foregoing reason and not for purposes of delay.

WHEREFORE, it is respectfully prayed that defendant be given an extension of time of 15 days from _____,
within which to file an Answer to the Complaint.
50. Draft a Motion to Dismiss on the ground of prescription and a Motion to Declare Defendant
in Default.
MOTION TO DISMISS
[CAPTION]
MOTION FOR DISMISS
COMES NOW the defendant, through counsel, to
this Honorable Court most respectfully avers:
1. In the Complaint, it was stated that his obligation
was due last _____;
2. Nothing was mentioned therein thereafter he
acknowledged in writing said obligation or that the
plaintiff made a demand for its payment therefore,
that obligation has, by now, prescribed (cite the
peculiarity of your case and the appropriate
ground/s for dismissal);
3. This motion is not intended for delay.
WHEREFORE, it is respectfully prayed that
Complaint be dismissed on the ground of prescription of
action (or other ground/s as the case may be).
City of ___, Philippines, (date)_.
ATTY. ______________
Counsel for Defendant
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____(Place) (Date)
(Office Address)
(Contact Details – Phone number
and/or email address)
[NOTICE OF HEARING]
Copy furnished:
Name and Address of Counsel
and Other Parties
[PROOF OF SERVICE/EXPLANATION]
MOTION TO DECLARE
DEFENDANT IN DEFAULT
[CAPTION]
MOTION TO DECLARE DEFENDANT IN DEFAULT
PLAINTIFF, by counsel, to this Honorable Court
most respectfully states that:
1. Plaintiff filed its Complaint against Defendant on
______; summons were served on Defendant on
_______, as indicated by the Sheriff’s Return on
even date, a copy of which is attached as
“ANNEX A.”
2. Defendant’s reglementary period to file Answer
ended on _____; no motion for extension of such
period was filed nor was any granted motu propio
by this Honorable Court; and
3. Despite the lapse of time, Defendant has failed to
answer the Complaint against her; Plaintiff is
entitled to a declaration of default and right to
present evidence ex parte against Defendant.
WHEREFORE, it is respectfully prayed that
Defendant be declared in default and that Plaintiff be
allowed to present evidence ex parte before the Clerk of
Court acting as Commissioner.
City of ___, Philippines, (date)_.
ATTY. ______________
Counsel for Defendant
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____(Place) (Date)
(Office Address)
(Contact Details – Phone number
and/or email address)
 [NOTICE OF HEARING]

Copy furnished:
Name and Address of Counsel
and Other Parties

[PROOF OF SERVICE/EXPLANATION]
51. Draft a Special Power of Attorney.

REPUBLIC OF THE PHILIPPINES )

CITY _______________ ) S.S.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

52. Draft a Verification and Certification of Non-Forum Shopping.

REPUBLIC OF THE PHILIPPINES)

City of ___________________ ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, (Name of Affiant), Filipino, of legal age, and residing at (Address), after having been sworn in accordance with
law, depose and state that:
 1. I am the petitioner (Respondent/Plaintiff/Defendant) in the above-entitled case and have caused the
preparation of the foregoing petition (complaint/pleading);

2. I have read and understood the allegations therein and the same are true and correct of my own personal
knowledge and/or based on authentic records;

3. I attest to the authenticity of the annexes hereof;

4. I have not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-
judicial agency, and to the best of my knowledge, no such other action or claim is pending therein;

5. If there is such other pending action or claim, I will furnish this Honorable Court with a complete statement of
the present status thereof; and

6. If I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report
that fact within five (5) days therefrom to this Honorable Court wherein my aforesaid petition
(complaint/pleading) has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _________, 2019 at (Place of Execution),
Philippines.

(NAME OF AFFIANT)
AFFIANT

[JURAT]
53. Draft a Judicial Affidavit.
(Note: There should be 3 signatures in a Judicial Affidavit – witness, examining lawyer, and notary public.)

[CAPTION]

JUDICIAL AFFIDAVIT
(of DEFENDANT ANTHONY ANTONIO)
PRELIMINARY STATEMENT

I, ANTHONY ANTONIO, 50 years old, born on May 9, 1969, married, residing at No. 498 Maginhawa Street, Pasay City and
employed as sales clerk at XYZ Manufacturing Co., after having been duly sworn to in accordance with law, hereby depose and state that:

1. The person examining me is Atty. Vivian Sison with address at Unit 208 Level 2 ABC Building, Pasay City;
2. The examination is being held at the same address; and
3. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and
perjury.

OFFER OF TESTIMONY

The testimony of the witness, Anthony Antonio, is being offered to:

1. Refute the material allegations in the Complaint subject of this case;

2. Testify on other matters related to this case; and
3. Identify relevant documents.

EXAMINATION OF THE WITNESS

1. Q : Do you know Ms. Caridad Perez, the complainant in this case?

A : Yes, Ma’am.

2. Q : How did you come to know her?

A : She is my landlady, Ma’am.
3. Q : Do you remember executing any document regarding the lease of the property subject of this case?
 A : Yes, Sir. We executed a Contract of Lease.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ________ 2019 at ___________.

ANTHONY ANTONIO
Affiant

SUBSCRIBED and sworn to before me this __(date)____ in _____(place)____, affiant after exhibiting to me his __(valid government
id)___, as competent evidence of his/her identity.

Notary Public
Commission Expires on _______
Commission No.______: (Place) (Date)
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____(Place) (Date)
(Office Address)
(Contact Details – Phone number and/or email address)

Doc. No. _____:

Page No. _____;
Book No. _____;
Series of 2019.
 ATTESTATION

I, VIVIAN SISON, of legal age, Filipino, with postal address at Unit 208 Level 2 ABC Building, Pasay City after being duly sworn
depose and say:

1. I was the one who conducted the examination of witness Anthony Antonio at my aforementioned office at Unit 208 Level 2
ABC Building, Pasay City;
2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness
gave; and
3. I nor any other person then present or assisting her coached the witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____ 2019 at ___________.

ATTY. VIVIAN SISON

Affiant

SUBSCRIBED and sworn to before me this __(date)____ in _____(place)____, affiant after exhibiting to me his/her __(valid
government id)___, as competent evidence of his/her identity.

Notary Public
Commission Expires on _______
Commission No.______: (Place) (Date)
Roll No. ____;(Date)
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____(Place) (Date)
(Office Address)
(Contact Details – Phone number and/or email address)
Doc. No. _____:
Page No. _____;
Book No. _____;
Series of 2019.

Copy furnished:
(Counsel of Other Party/ies)
(Office Address)

HAIL TO THE CHIEFS!!!