I. Q: What are the powers of the *upre#e Court in relation to re ulatin the practice of law? Q: Can the le islature enact laws to re ulate the practice of the law? Q: Can senate pass a law lowerin the passin rate for can$i$ates? A: Read IN R5 C'nanan, Mar%& 1), 19+/ Q: Enu#erate the initial re3uire#ents for a$#ission to the ,ar. A: Read +ections 5, 8 and 9 of Rule :;<, RRC Q: Chin was ,orn on April ./45 of Filipino #other an$ Chinese father. 6e was con$itionall" a$#itte$ to ta'e the ,ar e7a#ination ,ecause of 3uestions arisin to his citi8enship. 9pon passin the ,ar he was re3uire$ to ta'e further proof of citi8enship an$ was not allowe$ to ta'e the oath. Can he elect Philippine citi8enship) .5 "ears after reachin the a e of #a:orit" -re3uire$ un$er the ./;0 Constitution2? A: Read In Re App("%at"on 6or Adm"ss"on to t&e *&"("pp"ne #ar o6 7"%ente C&"n!, #.M. 91/, O%tober 1, 1999 Q: (acana" practice$ law until he #i rate$ to Cana$a to see' #e$ical attention to his ail#ents. 6e su,se3uentl" applie$ for Cana$ian citi8enship to a&ail of Cana$a<s free #e$ical ai$ pro ra#. 6is application was appro&e$ an$ he ,eca#e a Cana$ian citi8en. (acana" later on reac3uire$ his Philippine citi8enship ," &irtue of R.A. /==0. (i$ (acana" lose his #e#,ership in the Philippine ,ar when he a&e up his Philippine citi8enship? Can he auto#aticall" practice law upon reac3uirin Filipino citi8enship? A: Read *et"t"on 6or 0eave to Res'me *ra%t"%e o6 0a3 o6 #en8am"n 4a%anay, #.M. No. 1-$), 4e%ember 1$, 200$. Q: Att". !elen$re8 file$ a petition to $is3ualif" !elin fro# ta'in the ,ar e7a#s an$ to i#pose $isciplinar" penalt" as a #e#,er of the Philippine *hari>a 1ar. 6e alle es that !elin ) in his application to ta'e the ,ar) faile$ to $isclose the fact that he has ; pen$in cri#inal cases. Also) !elin has ,een usin the title ?Attorne"@ in his co##unications as secretar" to the !a"or. *houl$ !elin ,ar? ,e $is3ualifie$ fro# a$#ission to the
Atty. Dela Cruz is an MCLE lecturer of the B! "ational #ffice and a Bar Re$ie%er at the Al&ano Bar Re$ie% Center and the Cos'o(olitan Re$ie% Center. )e teaches la% at *+,, -E*.DL+* and the Bulacan +tate *ni$ersity. )e o&tained his !aster of Laws 23"t& 4"st"n%t"on) fro' the London Metro(olitan *ni$ersity, and a Post ra$uate (iplo#a in International Tra$e Law fro' the *ni$ersity Colle/e London 0*CL1, *.2., &oth as a Che$enin/ scholar of the British /o$ern'ent. )e co'(leted a Post ra$uate Fellowship on Leadershi( and nternational Relations fro' the John -. 2ennedy +chool of 3o$ern'ent, )ar$ard *ni$ersity, *+A. )e also holds a !asters in Pu,lic !ana e#ent de/ree fro' the Ateneo +chool of 3o$ern'ent. )e o&tained his 1achelor of Laws de/ree 23"t& &onors) and an A1 Le al !ana e#ent de/ree 2%'m (a'de) fro' the *ni$ersity of +anto ,o'as as a Rector4s +cholar. )e %as recently elected as Board Me'&er of the 5 nd District of Bulacan. )e is also the current !ana in Partner at the !once Enrile Reyes 6 Manalastas 0!ECABAR1 La% #ffice in Ma7ati City.
A: Read In t&e Matter o6 t&e 4"s9'a("6"%at"on o6 #ar 5:am"nee ;aron S. Me("n!, #M No. 11+/, /31 SCRA 1/$, .'ne ), 200/ Q: Telesforo (iao was a$#itte$ to the 1ar in ./0;) after two "ears) *e&erino !artine8 char e$ hi# with ha&in falsel" represente$ in his application for such 1ar e7a#ination that he ha$ the re3uisite aca$e#ic 3ualifications. The *olAen reco##en$e$ that (iao<s na#e ,e erase$ fro# the roll of Attorne"s ,ecause (iao ha$ not co#plete$ the prescri,e$ preBle al e$ucation) to wit: (iao $i$ not co#plete his hi h school trainin an$ (iao ne&er atten$e$ Quisu#,in Colle e) an$ ne&er o,taine$ his A.A. (iplo#a therefro#. *houl$ (iao<s na#e ,e erase$ fro# the Roll of Attorne"s? A: Read 4"ao v. Mart"ne<, A.C. No. 2//, Mar%& 29, 19-3= Q: While the e7a#ination was in pro ress) the hea$watcher) Lilian !en$i orin) reporte$ that e7a#inee A#paro was foun$ rea$in a piece of paper containin notes in Cri#inal Law. 6e at first refuse$ to surren$er the paper) ,ut later a&e it to !en$i orin when she threatene$ to report the #atter to the authorities. A &er,al report was rela"e$ to the 1ar Chair#an who forthwith a&e instructions that no in&esti ation ,e then #a$e in or$er to forestall an" co##otion that #i ht $istur, the other can$i$ates. A#paro was per#itte$ to continue answerin the 3uestions. 6ea$watcher !en$i orin thereafter su,#itte$ a special report on the inci$ent. 6e was still allowe$ to ta'e the e7a#s for the last *un$a" of the 1ar. A#paro $i$ not pass the ./C5 1ar E7a#s. *houl$ A#paro ,e allowe$ to ta'e the ./C0 1ar E7a#s? A: Read 2In R5 *edro Amparo, G.R. No. 000 .'(y 1), 19$+) -./C5 1ar Question2 Q: Respon$ent Dictorio (. Lanue&o a$#itte$ ha&in re3ueste$ on his own initiati&e the fi&e e7a#iners concerne$ to reBe&aluate the fi&e note,oo's of Ra#on E. Aalan ) alias Ro#an E. Aalan ) that e&entuall" resulte$ in the increase of Aalan >s a&era e fro# 44.=0E to the passin ra$e C5..0E) or a total increase of ei ht -F2 wei hte$ points) #ore or less) that ena,le$ Aalan to hur$le the ./C. 1ar e7a#inations &ia a resolution of the Court #a'in C5E the passin a&era e for that "ear>s e7a#ination without an" ra$e ,elow fift" percent -0GE2 in an" su,:ect. Aalan thereafter too' his law"er>s oath. It is li'ewise ,e"on$ $ispute that he ha$ no authorit" fro# the Court or the Co##ittee to initiate such steps towar$s the sai$ reB e&aluation of the answers of Aalan or of other e7a#inees. *houl$ he ,e $is,arre$? A: n Re: Victorio Lanue$o, A.C. "o. ::9, Au/ust 5=, :=>8. Q: Respon$ent Ra#on E. Aalan ) conceale$ in his application to ta'e the ,ar e7a#s his pen$in cri#inal case for ph"sical in:uries. Thus) Aalan was allowe$ uncon$itionall" to ta'e the 1ar e7a#inations an$ was
allowe$ to ta'e his oath. *houl$ he ,e $is,arre$ for such conceal#ent? A: n Re: Ra'on 3alan/, A.C. "o. ::9, Au/ust 5=, :=>8. Q: Ar osino passe$ the ,ar e7a#inations hel$ in .//;. The Court howe&er $eferre$ his oathBta'in $ue to his pre&ious con&iction for Rec'less I#pru$ence Resultin to 6o#ici$e. The cri#inal case which resulte$ in petitioner>s con&iction arose fro# the $eath of a neoph"te $urin fraternit" initiation rites. *houl$ Ar osino ,e allowe$ to ta'e his law"er>s oath? A: Read Re *et"t"on o6 A( Ar!os"no to >a?e t&e 0a3yer@s Oat&, #.M. No. $12, Mar%& 19, 199$, 2$0 SCRA 2Q: 6ow #an" ti#es can a law ra$uate ta'e up the ,ar? A: Bar Matter ::9: re/ulates the conduct of &ar e?a'ination@ li'its the e?a'ination u( to fi$e ti'es only.
+ote: BM ::9:. requires su&'ission of the dean of a certification that the candidate has no dero/atory record in school and if any in detail and status thereof.
Pa"#ent of I1P (ues Q: Att". Lla#as) for a nu#,er of "ears) has not in$icate$ the proper PTR an$ I1P OR +os. an$ $ata in his plea$in s. 6e onl" in$icate$ HI1P Ri8al =0/G4GI ,ut he has ,een usin this for at least ; "ears alrea$". Att". Lla#as a&erre$ that he is onl" en a e$ in a Hli#ite$I practice of law an$ un$er RA C5;=) as a senior citi8en) he is e7e#pte$ fro# pa"#ent of inco#e ta7es an$ inclu$e$ in this e7e#ption) is the pa"#ent of #e#,ership $ues. Is Att". Lla#as correct? A: Read Santos .r. v. Atty. 0(amas, A.C. No. /$/9, .an'ary 20, 2000 Q: Att". Are&alo sou ht e7e#ption fro# pa"#ent of I1P $ues for the alle e$ unpai$ accounta,ilit" for the "ears ./CCB=GG0. 6e alle e$ that after ,ein a$#itte$ to the Philippine 1ar in ./4.) he ,eca#e part of the Philippine Ci&il *er&ice then #i rate$ to) an$ wor'e$ in) the 9*A in (ece#,er ./F4 until his retire#ent in the "ear =GG;. 6e #aintaine$ that he cannot ,e assesse$ I1P $ues for the "ears that he was wor'in in the Philippine Ci&il *er&ice since the Ci&il *er&ice law prohi,its the practice of one<s profession while in o&ern#ent ser&ice) an$ neither can he ,e assesse$ for the "ears when he was wor'in in the 9*A. Is Att". Are&alo entitle$ to e7e#ption fro# pa"#ent of his $ues $urin the ti#e that he was inacti&e in the practice of law? A: Read 0etter o6 Atty. Areva(o, .r. Re9'est"n! 5:empt"on 6rom *ayment o6 4'es, #.M. 13$0, MAA 9, 200+
(i$ Att". La$a a &iolate the Co$e of Con$uct an$ Ethical *tan$ar$s for Pu,lic Officials an$ E#plo"ees ," en a in in pri&ate practice? A: Read O%a v. Atty. 0ada!a, A.M. No. *,99,12)$. .an'ary 2-, 2001
Q: Att". Perenia ot #arrie$ in =GG0. Then he #et another wo#an) 6elenL the" fell in lo&e an$ starte$ li&in to ether. Att". Perenia woul$ e&en ,rin her alon social functions an$ intro$uce her as his secon$ wife. Is such act unethical?
A: Read 7"t'! v. Ron%a(, A.C. NO. -313, +01 SCRA 1--, September 200-
LIA1ILITIE* OF A LAWJER
Q: When will ci&il lia,ilit" arise? Q: When will the lia,ilit" of a law"er for H,reach of fi$uciar" o,li ation arise? Q: What are the effects of law"er<s failure to return client<s #one" or propert" after $e#an$? Q: When is a law"er not lia,le for li,elous wor$s in the plea$in s? Q: When will cri#inal lia,ilit" e7ist? Q: Can a law"er ,e $iscipline$ for pri&ate acts that $oes not relate to the practice of law? A: Read Roa v. Moreno, A.C. No. )3)2, Apr"( 21, 2010. Q: Can a law"er ,e $iscipline$ for pu,lic acts that relates to his e7ercise of official functions? A: Read Mart"n 0a&m III v. .oven%"o Mayor, et a(., A.C. No. $/30, 1ebr'ary 1+, 2012. Also Read O66"%e o6 t&e Co'rt Adm"n"strator v. 4an"e( 0"an!%o, A.C. No. +3++, 4e%ember 13, 2011. Q: Can a law"er ,e hel$ lia,le for ne li ence? A: Read So("don v. Ma%a(a(ad, A.C. No. )1+) 1ebr'ary 2/, 2010 Q: Can a law"er ,e hel$ lia,le for acts relatin ,ein a notar" pu,lic? to his
Q: The co#plainant) Dictoria 1arrientos) is sin le) a colle e stu$ent) an$ was a,out =G "ears an$ C #onths ol$ $urin the ti#e -%ul"BOcto,er ./C02 of her relationship with respon$entL while respon$ent Transfi uracion (aarol is #arrie$) Aeneral !ana er of Ma#,oan a $el +orte Electric Cooperati&e) an$ 5. "ears ol$ at the ti#e of the sai$ relationship. Respon$ent) alrea$" a #arrie$ #an an$ a,out 5. "ears ol$) propose$ lo&e an$ #arria e to co#plainant) then still a =GB"earBol$ #inor) 'nowin that he $i$ not ha&e the re3uire$ le al capacit". Respon$ent then succee$e$ in ha&in carnal relations with co#plainant ," $eception) #a$e her pre nant) su este$ a,ortion) ,reache$ his pro#ise to #arr" her) an$ then $eserte$ her an$ the chil$. *houl$ the respon$ent law"er ,e $is,arre$? A: :==;. Barrientos $s. Daarol, A.C. "o. :8:5, January 5=,
Q: Co#plainant 1acarro a&erre$ that she an$ respon$ent fell in lo&e an$ ,eca#e en a e$ while the" were stu$"in at the Liceo $e Ca a"an in Ca a"an $e Oro Cit"L that when she ,eca#e pre nant as a result of their relationship) respon$ent a,an$one$ her an$ ne&er fulfille$ his pro#ise to #arr" herL that on (ece#,er 5) ./C.) she a&e ,irth to a ,a," irl. *houl$ respon$ent ,e $enie$ a$#ission to the ,ar on account of his ,reach of pro#ise to #arr"? A: Bacarro $s. !inatacan, A.C. "o. 88=.+BC January ;:, :=<A Q: Co#plainant !a $alena T. Arci a file$ a co#plaint for $is,ar#ent a ainst law"er *e un$ino (. !aniwan on the roun$ of rossl" i##oral con$uct ,ecause he refuse$ to fulfill his pro#ise of #arria e to herB After repeate$ acts of coha,itation ,etween co#plainant an$ respon$ent) then a #e$ical technolo " stu$ent an$ a law stu$ent respecti&el") who were sweethearts) their illicit relationship resulte$ in the ,irth of their chil$) !ichael (ino !aniwan . (espite *e un$ino>s repeate$ assurance to !a $alena that he woul$ #arr" her once he passe$ the ,ar e7a#inations an$ e&en #a$e !a $alena>s father ,elie&e that the" were alrea$" #arrie$ ,ut that the church we$$in was ,ein $eferre$ until after he has passe$ sai$ e7a#inations) he #arrie$ another wo#an after his oath ta'in . *houl$ respon$ent ,e $enie$ a$#ission to the ,ar for his ,reach of pro#ise to #arr"? A: :=<:. Arci/a $s. Mani%an/, A.C. "o. :9B<, Au/ust :A,
A: Read Nesa Isen&ardt v. Atty. 0eonardo M. Rea(, A.C. No. )2+/ 1ebr'ary 1+, 2012 Q: Is the re3uire#ent of Aoo$ !oral Character a continuin re3uire#ent? A: Read >ap'%ar vs. >ap'%ar, A.C. No. /1/), 293 SCRA 331,.'(y 30, 199) Rule 7.03 A lawyer shall not engage in a conduct that adversely reflects on his fitness to practice law, nor shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. -=GG5 1ar Question2
then a ree$ to ha&e the ser&ice of the warrant of arrest withhel$ ,ut) a ain) Att". A$a8a faile$ to #a'e oo$ of his pro#ise. (i$ the act of Att". A$a8a<s in issuin worthless chec's constitute ross #iscon$uct? A: Read Orbe v. Atty. Ada<a, A.C. No. +2+2, May 20, 200/ Q: Aran$e was the pri&ate offen$e$ part" in a cri#inal case while Att". (e *il&a was the counsel for the accuse$. (urin the course of the procee$in s) Att". (e *il&a ten$ere$ a chec' in fa&or of Aran$e in or$er for the latter to $esist fro# participatin as a witness a ainst her client. E&entuall") Aran$e accepte$ the chec' an$ refuse$ to participate as a co#plainin witness there," lea$in to the $is#issal of the case. 6owe&er) to Aran$e<s consternation) the chec' ,ounce$ ,ecause Att". (e *il&a<s account was alrea$" close$. When the Court or$ere$ Att". (e *il&a to co##ent on the char es a ainst her) she $eli,eratel" refuses to accept all the notices co#in fro# the Court. Is Att". (e *il&a uilt" of ,reach of trust? (i$ she &iolate her oath as a law"er ," issuin a ,ouncin chec' an$ ," refusin to accept the notices sent to her co#in fro# the court? A: Read Grande v. Atty. 4e S"(va, A.C. No. /)3), .'(y 29, 2003 Q: Alau"a) a #e#,er of *hari<a 1ar an$ a cler' of court in *hari<a (istrict Court) wrote a letter to a corporation clai#in to ,e a law"erNaffi7in HAttorne"I ,efore his na#e. Can a #e#,er of the *hari<a 1ar affi7 the $esi nation law"er ,efore their na#e? A: Read A(a3" v. A(a'ya, A.M. S4C,9$,2,*, 1ebr'ary 2/, 199$
Atty. B&an .r. v. Atty. S"mb"((o, AC No. +299, A'!'st 19, 2003 Q: A pai$ a$&ertise#ent appeare$ in the %ul" 0) =GGG issue of Philippine (ail" In3uirer) which rea$s: @A++9L!E+T> OF !ARRIAAE *pecialist 0;=B5;;;P0=.B =44C.@ *i#ilar a$&ertise#ents were pu,lishe$ in the Au ust = an$ 4) =GGG issues of the !anila 1ulletin an$ Au ust 0) =GGG issue of The Philippine *tar. A staff #e#,er of the *C calle$ up the pu,lishe$ telephone nu#,er an$ preten$e$ to ,e an intereste$ part". *he spo'e to !rs. *i#,illo) who clai#e$ that her hus,an$) Att". *i#,illo) was an e7pert in han$lin annul#ent cases an$ can uarantee a court $ecree within four to si7 #onths) pro&i$e$ the case will not in&ol&e separation of propert" or custo$" of chil$ren. !rs. *i#,illo also sai$ that her hus,an$ char es a fee of P5F) GGG.GG) half of which is pa"a,le at the ti#e of filin of the case an$ the other half after a $ecision thereon has ,een ren$ere$. (oes the appearance of the followin : @A++9L!E+T> OF !ARRIAAE *pecialist 0;=B5;;;P0=.B=44C@) in a newspaper) a#ount to advertising and solicitation of legal services prohi,ite$ ," the Co$e of Professional Responsi,ilit" an$ the Rules of Court? A: Read Atty. B&an .r. v. Atty. S"mb"((o, AC No. +299, A'!'st 19, 2003 CA+O+ ; 9*E TR9E) 6O+E*T) FAIR A+( O1%ECTIDE I+FOR!ATIO+ I+ !AKI+A K+OW+ 6I* LEAAL *ERDICE* Q: Is i&in of a$&ice on le al #atters throu h the #e$iu# of a newspaper colu#n or ra$io or tele&ision ,roa$cast i#proper? Rule 3.01 A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self!laudatory or unfair statement or claim regarding his "ualifications or legal services. -.//C 1ar Question2 Q: Att". Lana a fa#ous fa#il" law"er) as'e$ his secretar" to $raft the contents of his new callin car$. The secretar" inserte$ in such $raft the phrase) the H,est fa#il" law"er in the PhilippinesI. The $raft was chec'e$ ," Att". Lana an$ appro&e$ it. The new callin car$s were then #a$e an$ Att". Lana a&e it to prospecti&e clients. (i$ Att". Lana co##it an" unethical act? Rule 3.0 #n the choice of a firm name, no false, misleading or assumed name shall be used. $he continued use of the name of a deceased partner is
Rule &.0 A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law. QP+: a. 'here there is a pre!e(isting agreement with a partner or associate that, upon the latter)s death, money shall be paid over a reasonable period of time to his estate to persons specified in the agreement* or b. 'here a lawyer underta+es to complete unfinished legal business of a deceased lawyer* or 'here a lawyer or law firm includes a non! lawyer employees in a retirement plan, even if the plan is based in whole or in part, on a profit sharing agreement.
A: Read: DIn t&e matter o6 t&e pet"t"on 6or a't&or"ty to %ont"n'e 'se o6 t&e 6"rm O<aeta, Rom'(o, 4e 0eon et%., and pet"t"on 6or a't&or"ty to %ont"n'e 'se o6 6"rm name ESy%"p, Sa(a<ar, 1e("%"ano, et%.F 2.'(y 30, 19$9) Also Read: +EC R*LE+ #" !AR,"ER+) ! "AME 0+EC Me'o Cir. No. +, s. 200))
CO+FLICT OF I+TERE*T
Rule %.03 A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service. -.//=) .//;) =GG. 1ar Questions2 Q: Att". !a$ri al wor'e$ in the *upre#e Court) un$er the $i&ision which han$les the case of !r. Ro7as) ,efore the pro#ul ation of the $ecision of the caseL Att". !a$ri al resi ne$ an$ starte$ to wor' in the law fir# which han$les the case of !r. Ro7as. Is Att". !a$ri al allowe$ to use the infor#ation he ot to help in the case han$le$ ," the fir#? A: Read *CGG v. Sand"!anbayan, G.R. No. 1+1)09,12, /++
SCRA +2-, Apr"( 200+
c.
Q: Loren8o is a law"er ,ut is suspen$e$ in the practice of law $ue to so#e unethical acts. 6e wor'e$ for a law fir# owne$ ," one of his frien$s. *ince he has so #an" cases to han$le) Att". 1eren uer assi ne$ a case to Loren8o) ,elie&in he can han$le such eas" case. (i$ Att". 1eren uer &iolate an" rule? A: G'ba((a v. Ca!'"oa, G.R. No. 0,/-+3$ $) SCRA 302 .'(y 29,
19$$
Q: For#er *olicitor Aeneral Estelito !en$o8a file$ a petition with the CFI pra"in for the assistance an$ super&ision of the court in the Aen1an'<s li3ui$ation. *u,se3uentl") Presi$ent A3uino esta,lishe$ the PCAA to reco&er alle e$ illB otten wealth of for#er Presi$ent !arcos) his fa#ilies an$ cronies. The PCAA file$ with the *an$i an,a"an a co#plaint for re&ersion) recon&e"ance) restitution) accountin an$ $a#a es a ainst respon$ent Tan et al. an$ issue$ se&eral writs of se3uestration on properties the" alle e$l" ac3uire$. Respon$ent Tan et al were represente$ ," For#er *olAen !en$o8a) who has then resu#e$ his pri&ate practice of law. The PCAA file$ #otions to $is3ualif" respon$ent !en$o8a as counsel for respon$ent Tan et al. The #otions alle e$ that respon$ent !en$o8a) as then *olAen an$ counsel to Central 1an') Hacti&el" inter&ene$I in the li3ui$ation of Aen1an') which was su,se3uentl" ac3uire$ ," respon$ents Tan et al. (oes Rule 4.G; of the CPR applica,le to respon$ent !en$o8a? A: Read *CGG v. Sand"!anbayan, G.R. Nos. 1+1)09, 12,Apr"( 12, 200+)
Rule 1,.01 ! A lawyer in conferring with a prospective client shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. Q: What are the three tests to $eter#ine the e7istence of conflictin interests? Q: What are the T"pes of Conflict of interestC Q: A case was file$ ," the Philippine Pu,lic *chool Teachers Association -PP*TA2 a ainst its own 1oar$ of (irectors in which the" retaine$ the ser&ices of Att". *alunat. Att". *alunat) on the other han$ a$#itte$ that the A**A Law Fir#) of which he is the !ana in Partner) was the retaine$ counsel of PP*TA. Jet) he appeare$ as counsel of recor$ for the respon$ent 1oar$ of (irectors in the sai$ case. Att". *alunat<s ,rother) Aurelio) was a #e#,er of the PP*TA 1oar$ which appro&e$ his en a e#ent as retaine$ counsel of PP*TA. An a$#inistrati&e co#plaint was file$ with the I1P Co##ission on 1ar (iscipline) a ainst Att". *alunat for ille al an$ unethical practice an$ conflict of interest.
Can a law"er en a e$ ," a corporation $efen$ #e#,ers of the ,oar$ of the sa#e corporation in a $eri&ati&e suit? A: Read ;orn"((a v. Atty. Sa('nat, .'(y 1, 2003, A.C. No. +)0/ Q: *antos file$ a &erifie$ co#plaint a ainst Att". 1eltran ,efore the I1PBC1() alle in a#on others that Att". 1eltran represente$ conflictin interest when he entere$ his appearance as $efense counsel in an e:ect#ent case in which his for#er client was the plaintiff. Is Att". 1eltran uilt" of representin conflictin interests when he entere$ his appearance as $efense counsel in an e:ect#ent case in which his for#er client was the plaintiff? A: Read Santos v. Atty. #e(tran, A.C. +)+), 4e%ember 11, 2003 Q: Att". Lo8a$a is the retaine$ counsel an$ le al a$&iser of Frias. *he acte$ as ,ro'er in the sale of the latter<s house in A"ala Ala,an . *he intro$uce$ the latter to a client of hers) (ra. *an (ie o) a prospecti&e ,u"er. *an (ie o a&e P=! in cash an$ P.! in chec' as $own pa"#ent) instea$ of P;! in cash as a ree$. Out of the P=! in cash) Att". Lo8a$a too' P.! as her co##ission without co#plainant>s consent. *an (ie o e&entuall" ,ac'e$ out fro# the sale. Title to the propert" was alle e$l" stolen. Att". Lo8a$a prepare$ an affi$a&it of loss) which was later offere$ as e&i$ence in a petition for issuance of a $uplicate cop" of the title. A per:ur" case was then file$ ," *an (ie o a ainst co#plainant on the roun$ that the title to the propert" was ne&er reall" lost -as alle e$ ," co#plainant in the affi$a&it of loss2 ,ut was with *an (ie o all alon . (i$ Att". Lo8a$a represent conflictin interest? A: Read 1r"as v. 0o<ada, A.C. No. --+-, 4e%ember 13, 200+ Q: A#a$o Oca#po is the retaine$ counsel of !aria Tiania in all her le al pro,le#s an$ court cases. !rs. Concepcion 1la"loc' sue$ Tiania for e:ect#ent. Att". Oca#po appeare$ in this case for ,oth Tiania an$ 1la"loc'. Tiania confronte$ Oca#po a,out this ,ut the latter reassure$ Tiania that he will ta'e care of e&er"thin an$ that there was no nee$ for Tiania to hire a new law"er since he is still Tiania>s law"er. Oca#po prepare$ the answer in the sai$ e:ect#ent case) which Tiania si ne$. Then Oca#po #a$e her si n a Co#pro#ise A ree#ent) which the latter si ne$ without rea$in . Two "ears fro# the su,#ission of the Co#pro#ise A ree#ent) an or$er to &acate the propert" in 3uestion was recei&e$ ," Tiania. To hol$ off her e:ect#ent for another two "ears) Oca#po a$&ise$ Tiania to pa" hi# a certain a#ount for the sheriff. Was
uilt" of representin
conflictin
A: >"ana v. O%ampo, A.C. No. 22)+, A'!'st 12, 1991 Rule 1,.03 A lawyer shall not represent conflicting interests e(cept by written consent of all concerned given after a full disclosure of the facts. Read Na?p"( v. 7a(de<, A.C. No. 20/0 Mar%& /, 199) Q: What are the instances when a law"er #a" not represent conflictin interests $espite consent of ,oth parties concerne$?
A: Read A(("ed #an?"n! Corporat"on v. CA and Ga(an"da, G.R. No. 1///12, /1- SCRA -+, November 1), 2003 Rule 10.03 ! A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of -ustice. Read: A(onso v. Re(am"nda, A.C. No. )/)1, A'!'st 3, 2010. Q: A law"er ha,ituall" as's for the reBsettin of the case of his client for no apparent reason) in or$er for the co#plainant) to et frustrate$ an$ ,eco#e unintereste$ in the prosecution of the case) is that act consi$ere$ unethical? A: Read Gar%"a v. 1ran%"s%o, A.C. No. 3923, 220 SCRA
practice. %u$ e Paas a$#itte$ that Att". Paas $i$ use her office as his return a$$ress for notices an$ or$ers in = cri#inal cases) lo$ e$ at the Pasa" Cit" RTC) ,ut onl" to ensure an$ facilitate $eli&er" of those notices) ,ut after the cases were ter#inate$) all notices were sent to his office a$$ress in Escolta. Was Att". Paas< act of usin his wife<s office as his office a$$ress unprofessional an$ $ishonora,le? A: Read *aas v. A(marve<, A.M. No. *,03,1-90, Apr"( /, 2003 Rule 1,.07 ! A lawyer shall impress upon his client compliance with the laws and the principles of fairness. Q: +icanor Aon8ales an$ *alu$ Pantanosas were infor#e$ ," the Re ister of (ee$s that their owner>s $uplicate of title co&erin their lan$s were entruste$ to the office secretar" of Att". !i uel *a,aca:an) who in turn entruste$ the sa#e to sai$ attorne". The latter a$#itte$ that the titles are in his custo$" an$ has e&en shown the sa#e to the two. When $e#an$e$ to #a'e $eli&er" of sai$ titles) he refuse$ an$ e&en challen e$ the co#plainants to file an" case in an" court e&en in the 6onora,le *upre#e Court. (i$ Att". *a,aca:an $ef" le al an$ #oral o,li ations e#anatin fro# his professional capacit" as a law"er? A: Read Gon<a(es v. Saba%a8an, A.C. No. /3)0. O%tober 13, 199+. Q: !aria Cielo *u8u'i entere$ into contracts of sale an$ real estate #ort a e with se&eral persons. The sale an$ #ort a e transactions were facilitate$ ," Att". Erwin Tia#son) counsel of the sellers. *u8u'i pai$ PFG) GGG as her share in the e7penses for re istration. 6e retaine$ in his possession the su,:ect $ee$s of a,solute sale an$ #ort a e as well as the owner>s cop" of the title. 6owe&er) he ne&er re istere$ the sai$ $ocu#ents an$ $i$ not cause the transfer of the title o&er the su,:ect propert" in the na#e of *u8u'i. Att". Tia#son sai$ that he $i$ not re ister the $ee$ of sale to protect the interest of his client an$ e&en if the sa#e has ,een re istere$) he cannot i&e hi# the owner>s $uplicate cop" until purchase price for the su,:ect propert" has ,een full" pai$ an$ the real estate #ort a e cancelle$. Is Att". Tia#son :ustifie$ in not re isterin the transaction? A: Read S'<'?" v. >"amson, A.C. No. -+/2. September 30, 200+
+ote: A la%yer %ho ad$ises his client not to o&ey the order of the courts is /uilty of conte'(t and 'isconduct. 0 Con!e v. 4eret, CA, GR No. 0))/) CR, Mar%& 2+, 19$/)
-.//4 1ar Question2 Q: Attorne" Pa uia) spea'in for petitioner) asserts that the inhi,ition of the #e#,ers of the *upre#e Court fro# hearin the petition is calle$ for un$er Rule 0..G of the Co$e of %u$icial Con$uct prohi,itin :ustices or :u$ es fro# participatin in an" partisan political acti&it" which proscription) accor$in to hi#) the :ustices ha&e &iolate$ ," atten$in the >E(*A = Rall"> an$ ," authori8in the assu#ption of DiceBPresi$ent !acapa al Arro"o to the Presi$enc" in &iolation of the ./FC Constitution. The su,se3uent $ecision of the Court in Estra$a &. Arro"o -;0; *CRA 50= an$ ;04 *CRA .GF2 is) as petitioner states) a patent #oc'er" of :ustice an$ $ue process. Attorne" Pa uia went on to state that N >The act of the pu,lic officer) if lawful) is the act of the pu,lic office. 1ut the act of the pu,lic officer) if unlawful) is not the act of the pu,lic office. Conse3uentl") the act of the :ustices) if lawful) is the act of the *upre#e Court. 1ut the act of the :ustices) if unlawful) is not the act of the *upre#e Court. It is su,#itte$ that the (ecision in Estra$a &s. Arro"o ,ein patentl" unlawful in &iew of Rule 0..G of the Co$e of %u$icial Con$uct) is not the act of the *upre#e Court ,ut is #erel" the wron or trespass of those in$i&i$ual %ustices who falsel" spo'e an$ acte$ in the na#e of the *upre#e Court. -9r,ano &s. Cha&e8) .F; *CRA R;5CS2. Further#ore) it woul$ see# a,sur$ to allow the %ustices to use the na#e of the *upre#e Court as a shiel$ for their unlawful act. Are Att". Pa uia<s co##ents within the ,oun$s of Hfair an$ wellBfoun$e$ criticis#sI re ar$in $ecisions of the *C? A: Read 5strada v. Sand"!anbayan, G.R. Nos. 1+9/)-,)), November 2+, 2003 Q: The Court 1n 2anc issue$ a Resolution $irectin respon$ent Att". (e Dera to e7plain wh" he shoul$ not ,e cite$ for in$irect conte#pt of court for utterin so#e alle e$l" conte#ptuous state#ents in relation to the case in&ol&in the constitutionalit" of the Plun$er Law which was then pen$in . Respon$ent a$#itte$ the report in the +o&e#,er 4) =GG= issue of the Philippine (ail" In3uirer that he Hsu este$ that the Court #ust ta'e steps to $ispel once an$ for all these u l" ru#ors an$ reportsI that Hthe Court woul$ &ote in fa&or of or a ainst the &ali$it" of the Plun$er LawI to protect the cre$i,ilit" of the Court. Is the state#ent of Att". (e Dera $isrespectful to the courts? A: Read In Re *'b("s&ed A((e!ed >&reats by Atty. 0eonard de 7era, A.M 01,12,03,SC .'(y 29, 2002 Q: Can a law"er critici8e the courts?
CRITICI*!* 1J LAWJER*
CA+O+ .. O1*ERDE RE*PECT (9E TO T6E CO9RT*
A: Read Ga(d"var vs. Gon<a(es, G.R. No. $9-90,$0$, 1-SCRA 31-, 1ebr'ary 1, 19)9 A(so Read #arandon v. 1errer, A.C. +$-), Mar%& 2-, 2010.
11
Q: (oes a law"er ha&e a ri ht to $ecline e#plo"#ent? Q: Police officers A) 1) an$ C were in&ol&e$ in a shootin inci$ent. Infor#ations were file$ a ainst the#) to which the" plea$e$ not uilt". *an$i an,a"an foun$ the accuse$ uilt" of = counts of ho#ici$e an$ one count of atte#pte$ ho#ici$e. At that :uncture) the" en a e$ the ser&ices of Att". %ai#e %uanito Portu al. The latter then file$ a !R ,ut it was $enie$. The ; ne&er hear$ fro# respon$ent a ain $espite the fre3uent telephone calls the" #a$e to his office. The" went to respon$ent>s last 'nown a$$ress onl" to fin$ out that he ha$ #o&e$ out without an" forwar$in a$$ress. Att". Portu al $i$ not file a notice of with$rawal nor infor#e$ the court that he ha$ with$rawn as their counsel. Was Att". Portu al ne li ent in han$lin the case of the ;? A: Read 1ran%"s%o vs *ort'!a(, A.C. No. -1++. Mar%& 1/, 200Q: Are there instances where a law"er has the duty to decline e#plo"#ent? Q: What are the ethical consi$erations in ta'in case? Q: *houl$ a law"er represent a A9ILTJ client? Rule 13.01 ! A lawyer shall not decline to represent a person solely on account of the latter)s race, se(, creed or status of life, or because of his own opinion regarding the guilt of said person. Rule 13.0 A lawyer shall not decline, e(cept for serious and sufficient cause, an appointment as counsel de oficio or as amicus curiae or a re"uest from the #ntegrated 2ar of the 5hilippines or any of its chapters for rendition of free legal aid. Q: What is the protection i&en ," law to poor liti ants who cannot affor$ the ser&ices of a law"er? Q: Who #a" ,e appointe$ as counsel de officio6 Q: When #a" refusal of a counsel to act as counsel de oficio ,e :ustifie$ on roun$s asi$e fro# the reasons of health) e7tensi&e tra&el a,roa$) or si#ilar reasons of ur enc"? Q: Att". %. 1onan8a) a se#iBretire$ !etro !anila practitioner has a cattle ranch in the re#ote #unicipalit" of +ue&a Eci:a. 6e atten$s to his law office in !anila on !on$a"s) Tues$a"s an$ We$nes$a"s) an$ the rest of the wee' he spen$s in his cattle ranch raisin horses. a ,a$
In a cri#inal case pen$in ,efore the !unicipal Trial Court of Carran lan) the onl" other license$ #e#,er of the ,ar in the place is representin the co#plainant. The accuse$ is a $etention prisoner. The :u$ e wants to e7pe$ite procee$in s. What #ust the :u$ e $o to e7pe$ite procee$in s? If Att". 1onan8a is re3ueste$ to act as counsel for the accuse$) coul$ he or shoul$ he refuse ," sa"in that in the pro&ince) he wants to $o nothin e7cept ri$e horses an$ castrate ,ulls? E7plain. Q: What is assaile$ in this certiorari procee$in is an or$er of respon$ent %u$ e Cli#aco $en"in a #otion file$ ," petitioner Le$es#a to ,e allowe$ to with$raw as counsel de oficio. One of the roun$s for such a #otion was his alle ation that with his appoint#ent as Election Re istrar ," the Co##ission on Elections) he was not in a position to $e&ote full ti#e to the $efense of the two accuse$. The $enial ," respon$ent %u$ e of such a plea) notwithstan$in the confor#it" of the $efen$ants) was $ue @its principal effect of $ela"in the case. Is the $enial of %u$ e Cli#aco correct? A: Read 0edesma v. C("ma%o, 0,23)1+, .'ne 2), 19$/ Q: %err" Ferrer was accuse$ of ha&in rape$ his ..B "earBol$ step$au hter. %err"<s counsel of recor$ was PAO>s Att". !aca,an$in . (urin the preBtrial) ,oth of the# faile$ to appear. %err" was consi$ere$ ," the court as ha&in :u#pe$ ,ail. Trial in a,sentia followe$ where %err" was assiste$ ," another PAO law"er) Att". Alonto. Att". !aca,an$in $i$ not appear in all the su,se3uent hearin s of the case. 6e $i$ not infor# the court of his wherea,outs. %err" was foun$ uilt" ,e"on$ reasona,le $ou,t of the cri#e char e$ an$ i#pose$ upon hi# the $eath penalt". (i$ Att". !aca,an$in li&e up to the $e#an$s e7pecte$ fro# a counsel $e oficio? A: Read *eop(e v. 1errer, G.R. No. 1/))21, .'(y 1), 2003. Rule 13.03 A lawyer may not refuse to accept representation of an indigent client unless/ a. 7e is in no position to carry out the wor+ effectively or competently* b. 7e labors under a conflict of interest between him and the prospective client or between a present client and a prospective client. Rule 13.03 A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. Q: Att". !ariano (a:o"a ) %r. is Ernesto Ra#os< counsel. 6e faile$ to perfect their appeal ,efore the *C. 6e file$ the petition for certiorari within the =GB$a" perio$ of e7tension that he sou ht in his =n$ #otion for
e7chan e for the help he woul$ e7ten$ to Ta'ao in securin a per#anent &isa in the Philippines. Att". Ace:as $i$ nothin . (i$ Att". Ace:as &iolate the le al ethics of the profession? A: Read A%e8as III v. *eop(e, G.R. No. 1+--/3, .'ne 2$, 200Q: !a" a law"er in&o'e pri&ile e$ co##unication to refuse re&ealin his clients secrets confi$e$ to hi# ," such client in the course of professional e#plo"#ent? Read: ;ad8'(a v. Mad"anda, A.C. No. -$11, .'(y 3, 200$ CA+O+ =. A LAWJER *6ALL PRE*ERDE CO+FI(E+CE* A+( *ECRET* OF 6I* CLIE+T EDE+ AFTER T6E ATTOR+EJBCLIE+T RELATIO+ I* TER!I+ATE(
+ote: ,he (rotection /i$en to the client is (er(etual and does not cease %ith the ter'ination of the liti/ation nor is affected &y the (arty ceasin/ to e'(loy the attorney and e'(loy another or any other chan/e of relation &et%een the'. It even s'rv"ves t&e deat& o6 t&e %("ent.
PRIDILEAE( CO!!9+ICATIO+
Rule 1,.0 .A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. Q: Rosa !erca$o<s hus,an$ file$ an annul#ent a ainst her. Att". %ulito Ditriolo represente$ her. Thereafter) a cri#inal action a ainst her was file$ ," the latter for falsification of pu,lic $ocu#ent. Accor$in to hi#) she in$icate$ in Certificates of Li&e 1irth of her chil$ren that she is #arrie$ to a certain Fer$inan$ Fernan$e8) an$ that their #arria e was sole#ni8e$ on April ..) ./C/) when in truth) she is le all" #arrie$ to Ru,en !erca$o an$ their #arria e too' place on April ..) ./CF. !erca$o clai#s that the cri#inal co#plaint $isclose$ confi$ential facts an$ infor#ation relatin to the ci&il case for annul#ent han$le$ ," Ditriolo as her counsel. (i$ Att". %ulito Ditriolo &iolate the rule on pri&ile e$ co##unication ,etween attorne" an$ client? A: Read Mer%ado v. 7"tr"("o, A.C. No. +10), May 2-, 200+ Q: 1ureau of I##i ration an$ (eportation -1I(2 Intelli ence A ent Dla$i#ir 6ernan$e8) to ether with a reporter) went to the house of Ta'ao Ao"a i) a %apanese national. 6ernan$e8 tol$ Ta'ao Ao"a i) throu h his wife) that there were co#plaints a ainst hi# in %apan an$ that he was suspecte$ to ,e a Ja'u8a ,i ,oss) a $ru $epen$ent an$ an o&ersta"in alien. To pro&e that he ha$ $one nothin wron ) Ta'ao Ao"a i showe$ his passport to 6ernan$e8 who confiscate$ the sa#e. A Contract for Le al *er&ices was entere$ into ," Ta'ao Ao"a i an$ Att". Francisco Ace:as III. Ta'ao Ao"a i pai$ Att". Ace:as P5G)GGG.GG) P=0)GGG of which is 0GE of the acceptance fee) an$ the P.0)GGG.GG is for filin P$oc'et fee. 6ernan$e8) in the presence of Att". Ace:as) propose$ that Ta'ao Ao"a i pa" the a#ount of P. #illion in
Rule 1.01 A lawyer shall not reveal the confidences or secrets of his clients e(cept/ a. 'hen authori8ed by the client after ac"uainting him of the conse"uences of the disclosure*
+ote: ,here is a %ai$er of the (ri$ile/e &y the client. ,he on(y instance %here the %ai$er of the client alone is insufficient is %hen the (erson to &e e?a'ined %ith reference to any (ri$ile/ed co''unication is the attorney4s secretary, steno/ra(her or cler7, in res(ect to %hich the consent, too, of the attorney is necessary.
b. c.
'hen re"uired by law* 'hen necessary to collect his fees or to defend himself, his employees or associates by -udicial action. -=GGF 1ar Question2
Rule 1.0 ! A lawyer shall not, to the disadvantage of his client, use information ac"uired in the course of employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full +nowledge of the circumstances consents thereto. Q: 1un *ion Jao is a #a:orit" stoc'hol$er of *olar Far#s T Li&elihoo$ Corporation an$ *olar Te7tile Finishin Corporation. Att". Leonar$o Aurelio is also a stoc'hol$er an$ the retaine$ counsel of ,oth the corporation an$ 1un *ion Jao.
13
The latter purchase$ se&eral parcels of lan$ usin his personal fun$s ,ut were re istere$ in the na#e of the corporations upon the a$&ice Att". Aurelio. After a $isa ree#ent ,etween Att". Aurelio an$ 1un *ion Jao<s wife) the for#er $e#an$e$ the return of his in&est#ent in the corporations ,ut when Jao refuse$ to pa") he file$ F char es for estafa an$ falsification of co##ercial $ocu#ents a ainst Jao an$ his wife an$ the other officers of the corporation. Jao alle e$ that the series of suits is a for# of harass#ent an$ constitutes an a,use of the confi$ential infor#ation which Att". Aurelio o,taine$ ," &irtue of his e#plo"#ent as counsel. Att". Aurelio howe&er sai$ that he onl" han$le$ isolate$ la,or cases for the sai$ corporations. (i$ Att". Aurelio a,use the confi$ential infor#ation he o,taine$ ," &irtue of his e#plo"#ent as counsel? A: Read #'n S"on! Aao vs. A're("o, A.C. No. $023, /)+ SCRA /0-, Mar%& 30, 200Rule 1.03 ! A lawyer shall not, without the written consent of his client, give information from his files to an outside agency see+ing such information for auditing, statistical, boo++eeping, accounting, data processing, or any other similar purposes. Q: What are Co##unication? the re3uisites of Pri&ile e$
Rule 1,.03 A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. Rule 1,.0, ! A lawyer, when advising his client, must give a candid and honest opinion on the merits and probable results of the client)s case, neither overstating nor understating the prospects of the case. Q: Consorcia Rollon went to the office of Att". Ca#ilo +ara&al to see' his assistance in a case file$ a ainst her ," Rosita %ulaton for Collection of *u# of !one" with Pra"er for Attach#ent. After oin o&er the $ocu#ents she ,rou ht with her) Att". +ara&al a ree$ to ,e her law"er an$ she was re3uire$ to pa" PF)GGG.GG for the filin an$ partial ser&ice fee. Att". +ara&al $i$ not infor# her that the sai$ ci&il suit has ,een $eci$e$ a ainst her an$ which :u$ #ent has lon ,eco#e final an$ e7ecutor". Att". +ara&al was not a,le to act on the case. 1ecause of this) she wante$ to with$raw the a#ount she has pai$ an$ to retrie&e the $ocu#ents pertainin to sai$ case. 9nfortunatel") $espite se&eral followBups) Att". +ara&al alwa"s sai$ that he cannot return the $ocu#ents ,ecause the" were in their house) an$ that he coul$ not i&e us ,ac' the PF)GGG.GG ,ecause he has no #one". (i$ Att". +ara&al fail to fulfill his un$erta'in s? A: Read Ro((on v. Narava(, A.C. No. -/2/, Mar%& /, 200+ CA+O+ .4 A LAWJER *6ALL 6OL( I+ TR9*T ALL !O+EJ A+( PROPERTJ OF 6I* CLIE+T T6AT !AJ CO!E I+ 6I* PO**E**IO+ Q: Luis $e Au8#an as $efen$ant in a ci&il case) o,tain an a$&erse :u$ #ent. 6is counsel was Att". E##anuel 1asa. 6e wants to challen e the $ecision throu h a petition for certiorari. It was a ree$ that Luis will pa" P.0)GGG for sai$ le al ser&ice. Att". 1asa collecte$ a $own pa"#ent of P0)GGG. 6owe&er) no such petition was file$. 6e $i$ not seasona,l" file with the CA the re3uire$ appellant<s ,rief resultin in the $is#issal of the appeal. (espite se&eral e7tensions to file the appellant<s ,rief) Att". 1asa faile$ to $o so. Instea$) he file$ two #ore #otions for e7tension. When he file$ the appellant<s ,rief) it was late) ,ein ,e"on$ the last e7tension rante$ ," the Appellate Court. Was Att". E##anuel 1asa ne li ent in the perfor#ance of his professional $ut" to Luis $e Au8#an? A: Read 4e G'<man v. Atty. 5mman'e( #asa, A.C. No.
Q: Who are the persons entitle$ to clai# the pri&ile e? Q: When is co##unication not pri&ile e$? Rule 1.03 ! A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. Rule 1.0, A lawyer shall adopt such measures as may be re"uired to prevent those whose services are utili8ed by him, from disclosing or using confidences or secrets of the client. Rule 1.0% A lawyer shall avoid indiscreet conversation about a client)s affairs even with members of his family. Rule 1.07 A lawyer shall not reveal that he has been consulted about a particular case e(cept to avoid possible conflict of interest. Q: Can the law"er refuse fro# $isclosin i$entit"? his client<s
A: Read Ramos v. N!aseo, A.C. No. -210 4e%ember 9, 200/ Q: What are ele#ents of Article .5/. of the +ew Ci&il Co$e? Q: What are the effects of the &iolation of such prohi,ition? Q: (oes the rule inclu$e #ort a e? A: Read Ordon"o v. 5d'arte, A.M. No. 321- March :9, :==5 Q: Can a law"er $o ,usiness with his client? A: Read Cr'< v. .a%"nto, A.M. No. +23+, March 55, 5BBB Q: Can a law"er len$ #one" to his client? A: Read 0"nsan!an v. >o(ent"no, A.C. No. --$2 September /, 2009 Rule 1%.01 A lawyer shall account for all money or property collected or received for or from the client. Rule 1%.0 A lawyer shall +eep the funds of each client separate and apart from his own and those of others +ept by him.
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/ets (ossession of attorney4s fees had &een (a(ers, docu'ents, or entered into the records (ro(erty. of the case. A((lica&ility May &e e?ercised &efore 3enerally, e?ercised only Dud/'ent or e?ecution or %hen the attorney had re/ardless thereof. already secured a fa$ora&le Dud/'ent for his client. E?tin/uish'ent Ghen (ossession Ghen client loses action la%fully ends as %hen as lien 'ay only &e la%yer $oluntarily (arts enforced a/ainst %ith funds, docu'ents, Dud/'ent a%arded in and (a(ers of client or fa$or of client, (roceeds offers the' as e$idence. thereofHe?ecuted thereon.
there was no nee$ to refer the co#plaint to ,aran a" conciliation. Three #onths later) Att". Flores instructe$ hi# to file his co#plaint with the Lupon Ta apa#a"apa. On refuse$ to appear at the conciliation hearin s) ar uin that the Lupon ha$ no :uris$iction o&er his person ,ecause he was a resi$ent of another ,aran a". Thus) *chul8 ,rou ht the co#plaint ,efore the ,aran a" in which On is a resi$ent. 1" that ti#e) howe&er) *chul8 learne$ that On ha$ alrea$" file$ a case for *pecific Perfor#ance a ainst hi#. *chul8 ar ue$ that Att". Flores< inor$inate $ela" in actin on his case resulte$ in his ,ein $efen$ant rather than a co#plainant a ainst On . Is the actuation of Att". Flores in causin the $ela" of ,rin in the $ispute un$er the s"ste# of ,aran a" conciliation reprehensi,le as to warrant the suspension of the respon$ent? A: Read S%&'(< v. Atty. 1(ores, 4e%ember ), 2003, AC /219 Q: !atias La ra#a$a resi$in with his uncle) Apolonio La ra#a$a) was in&ite$ ," the latter to acco#pan" hi# to the police station) suppose$l" to pic' up a refri erator the" were to repair. 9pon their arri&al there) appellant was i##e$iatel" ta'en in an$ loc'e$ ,ehin$ ,ars. Two Infor#ations were file$ a ainst hi# onl" .G #onths after the first $a" of his incarceration. With the assistance of counsel) appellant plea$e$ not uilt" when arrai ne$. Was the case properl" han$le$?
Rule 1%.03 A lawyer shall not barrow money from his client unless the client)s interests are fully protected by the nature of the case or by independent advice. 9either shall a lawyer lend money to a client e(cept, when in the interest of 4ustice* he has to advance necessary e(penses in a legal matter he is handling for the client. CA+O+ .C OWE* FI(ELITJ TO T6E CA9*E OF 6I* CLIE+T A+( 1E !I(F9L OF T6E TR9*T A+( CO+FI(E+CE REPO*E( I+ 6I! Q: When $oes the law"er<s $ut" of fi$elit" to his client<s cause co##ence? A: Read Rollon v. Atty. Naraval, A.C. No. 6424, 452 SCRA 675, March 4, 2005 Q: Aenato file$ a $is,ar#ent case a ainst respon$ent Att". *ilapan for alle e$l" ,rea'in their confi$ential law"erBclient relationship ," $isclosin confi$ential infor#ation a ainst hi#. In his answer) Att". *ilapan conten$e$ that he use$ the confi$ential state#ents in the course of :u$icial procee$in s in or$er to $efen$ his case an$ to $iscre$it Aenato<s cre$i,ilit" ," esta,lishin his cri#inal propensit" to co##it frau$) tell lies an$ &iolate the laws. Att". *ilapan also ar ue$ that he is not uilt" of ,rea'in the confi$entialit" principle of law"erBclient relationship as he #a$e the $isclosure in $efense of his honor an$ reputation. Is Att". *ilapan uilt" of ,reach of trust an$ confi$ence ," i#putin to Aenato ille al practices an$ $isclosin Aenato<s alle e$ intention to ,ri,e o&ern#ent officials in connection with a pen$in case? A: Read Genato v. Atty. S"(apan, A.C /0$), .'(y 1/, 2003 Q: *chul8) a Aer#an national file$ a &erifie$ co#plaint for $is,ar#ent a ainst Att". Flores. 6e alle e$ that he en a e$ the ser&ices of Att". Flores for the purpose of filin a co#plaint a ainst On for re&ocation of contract an$ $a#a es. Att". Flores a$&ise$ hi# that
A: Read *eop(e o6 t&e *&"("pp"nes v. 0a!ramada, G.R. Nos. 1/-3+$ H 1/)1$0, A'!'st 29, 2002 CA+O+ =G A LAWJER *6ALL C6ARAE O+LJ FAIR A+( REA*O+A1LE FEE* Q: Who are entitle$ to Attorne"<s fees? Q: What are the factors in $eter#inin fees? the attorne"<s
Q: Aurora Pine$a file$ an action for $eclaration of nullit" of #arria e a ainst Dinson Pine$a) who was represente$ ," Att"s. Clo$ual$o $e %esus) Carlos A#,rosio an$ E##anuel !ariano. The parties> proposal for settle#ent re ar$in Dinson>s &isitation ri hts o&er their #inor chil$ an$ the separation of their properties was appro&e$ ," the court. The #arria e was su,se3uentl" $eclare$ null an$ &oi$. Throu hout the procee$in s counsels an$ their relati&es an$ frien$s) a&aile$ of free pro$ucts an$ treat#ents fro# Dinson<s $er#atolo " clinic. This notwithstan$in ) the" ,ille$ hi# a$$itional le al fees a#ountin to P.4.0 #illion which he) howe&er) refuse$ to pa". Instea$) he issue$ the# se&eral chec's totalin P...= #illion as full pa"#ent for settle#ent. *till not satisfie$) respon$ents file$ in the sa#e court a #otion
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Contin ent Contract !aya&le in cash La%yers do not underta7e to (ay all e?(enses of liti/ation Valid
Cha#pertous Contract !aya&le in 7ind on(y La%yers underta7e to (ay all e?(enses of liti/ation Void
ATTOR+EJ* FEE* A* (A!AAE* Q: What are the two concepts of attorne"<s fees? Q: *tate the rule on attorne"<s fees ,ein awar$e$ as $a#a es an$ its e7ceptions. Q: What are the $ifferent t"pes of fee arran e#ents an attorne" #a" enter into with his client? CA+O+ == WIT6(RAWAL OF *ERDICE* Q: When is a law"er allowe$ to with$raw his ser&ices? Q: What are the instances when a law"er #a" with$raw his ser&ices without the consent of his client? Read Sante%o v. Atty. Avan%e, AC +)3/, 4e%ember 11, 2003 Q: What is the proce$ure when with$rawal is without client<s consent? Q: (oes the written consent of the client re3uire appro&al of the court to ,e effecti&e? (ischar e of the Attorne" ," the client ) Q: Can a client $ischar e the ser&ices of his law"er without a cause? Q: What are the li#itations on client<s ri ht to $ischar e the ser&ices of his law"er? Q: Is notice of $ischar e necessar"? Q: What shoul$ a law"er $o if no notice of $ischar e was file$ ," the client with the court? Q: What are the con$itions for su,stitution of counsel? Read: Go(d%rest Rea(ty Corp., v. Cypress Gardens Condom"n"'m Corp., GR No. 1$10$2, Apr"( 1$, 2009. Rule .0 ! A lawyer who withdraws or is discharged shall, sub-ect to a retaining lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. Q: When is the attorne"Bclient relationship consi$ere$ ter#inate$?
Rule 0.0 ! A lawyer shall, in cases of referral, with the consent of the client, be entitled to a division of fees in proportion to the wor+ performed and responsibility assumed. Q: What shoul$ a law"er $o if he 'nows or shoul$ 'now that he is not 3ualifie$ to ren$er the le al ser&ices re3uire$? Rule 0.03 ! A lawyer shall not, without the full +nowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client. -.//C) =GG; 1ar Questions2 Rule 0.03 ! A lawyer shall avoid controversies with clients concerning his compensation and shall resort to -udicial action only to prevent imposition, in-ustice or fraud. -.//F 1ar Question2 Q: Can a law"er file a case a ainst his client for the enforce#ent of attorne"<s fees? Q: Where an$ how #a" attorne">s fees ,e clai#e$ ," the law"er? Q: What are the instances when an independent civil action to reco&er attorne"<s fees is necessar"? Q: What are the effects of the nullit" of contract on the ri ht to attorne"<s fees? Q: Can the Court of Appeals re&iew the $ecision of lower courts fi7in attorne"<s fees?