2019 Ust Ethics PW
2019 Ust Ethics PW
2019 Ust Ethics PW
BPOS]:
LEGAL ETHICS
1. Citizen of the Philippines;
PRACTICE OF LAW 2. At least 21years of age;
3. Of Good moral character;
Practice of law means any activity, in or out of court, 4. Resident of the Philippines;
which requires the application of law, legal procedure, 5. Must produce before the SC satisfactory Evidence
knowledge, training, and experience (Cayetano v. of good moral character;
Monsod, G.R. No. 100113, September 3, 1991). The 6. No charges against him, involving moral turpitude,
following acts constitute practice of law: (a) Giving of have been filed or are pending in any court in the
advice or rendering any kind of service that involves Philippines;
legal knowledge; (b) Appearance in court and conduct of 7. Must have successfully completed all the prescribed
cases in court; (c) Preparation of pleadings and other courses for the degree of Bachelor of Laws or its
papers incident to actions; and (d) Notarial acts. equivalent degree, in a law school or university
officially recognized by the Philippine Government
Criteria to determine practice of law [CAHA] or by the proper authority in the foreign jurisdiction
1. Compensation – implies that one must have where the degree has been granted;
presented himself to be in active practice and that his 8. Must Pass the bar examinations;
professional services are available to the public for 9. Take the lawyer’s Oath
compensation, as a source of livelihood or in 10. Sign the Roll of Attorneys.
consideration of his said services; NOTE: Good moral character is a continuing
2. Application of law, legal principle, practice or requirement (Grande v. Atty. De Silva, A.C. No. 4838, July
procedure – calls for legal knowledge, training and 29, 2003).
experience;
3. Habituality – implies customary or habitually Requirements for admission of a Filipino citizen
holding oneself out to the public as a lawyer. Practice who graduated from a foreign law school
of law is more than an isolated appearance for it a. Completion of all courses leading to the degree of
consists in frequent or customary action; and Bachelor of Laws or its equivalent degree;
4. Attorney-Client relationship - engaging in the b. Recognition or accreditation of the law school by
practice of law presupposes the existence of a the proper authority;
lawyer-client relationship. Practice of law includes c. Completion of all fourth-year subjects in the
work as a litigator, in-house counsel, giving of legal Bachelor of Laws academic program in a law
advice, teaching of law, and foreign assignment school duly recognized by the
which requires the knowledge and application of the Philippine Government; and
laws. d. Present proof of completing a separate bachelor’s
degree.
Counsel de oficio - An attorney appointed by the court NOTE: Filipino citizenship is a continuing requirement.
to defend an indigent defendant in a criminal action. No automatic right to resume law practice if citizenship
Counsel de parte - A private counsel of a party secured is reacquired under R.A. 9225 (Petition for Leave to
by him, without intervention from the government. Resume Practice of Law, Dacanay, B.M. No. 1678,
Amicus Curiae - An experienced and impartial attorney December 17, 2007).
invited by the court to appear and help in the disposition APPEARANCE OF NON-LAWYERS
of the issues submitted to it. Amicus curiae appear in
court not to represent any particular party but only to GR: Only those who are licensed to practice law can
assist the court (plural: Amici Curiae). appear and handle cases in court.
XPNs:
Practice of law is a privilege 1. Law student practice;
The practice of law is not a natural, property or 2. Non-lawyers in court can appear for a party in MTC;
constitutional right but a mere privilege. It is not a right and
granted to anyone who demands it but a privilege to be 3. Non-lawyers can represent parties in
extended or withheld in the exercise of sound judicial administrative tribunals such as NLRC, DARAB,
discretion. It is a privilege accorded only to those who and Cadastral Courts.
measure up to certain rigid standards of mental and
moral fitness (Pineda, 2009). Law student practice Rule
The appearance of the law student authorized by this
Law is a profession and not a trade rule, shall be under the direct supervision and control of
The legal profession is not a business. It is not a money- a member of the Integrated Bar of the Philippines duly
making trade similar to that of a businessman accredited by the law school. Any and all pleadings,
employing a strategy for monetary gain. It is a sacred motions, briefs, memoranda or other papers to be filed,
profession imbued with public interest whose primary must be signed by the supervising attorney for and in
objective is public service, as it is an essential part in the behalf of the legal clinic (Sec. 2, Rule 138-A).
administration of justice and a profession in pursuit of NOTE: The law student shall comply with the standards
which pecuniary reward is considered merely of professional conduct governing members of the Bar.
incidental. The practice of law is a noble calling in which Failure of an attorney to provide adequate supervision
emolument is a byproduct, and the highest eminence of student practice may be a ground for disciplinary
may be attained without making much money (Burbe v. action (Circular No.19, dated December 19, 1986).
Atty. Magulta, AC No. 99-634, June 10, 2002).
Non-lawyers in court
ADMISSION TO THE BAR 1. In Cases before the MTC: A party to the litigation,
may conduct his own case or litigation in person,
Requirements for admission to the Bar [C21-GREN- with the aid of an agent or friend appointed by him
Rule 3.02 - In the choice of a firm name, no false, Q: City Prosecutor Phillip prosecuted the criminal
misleading or assumed name shall be used. The case for the murder of the city mayor against the
continued use of the name of a deceased partner is accused Reynaldo, the losing mayoralty candidate.
permissible provided that the firm indicates in all its There was no private prosecutor and Phillip
communications that said partner is deceased. personally handled the prosecution of the case from
(1994, 1996, 2001 Bar) arraigriment up to the presentation of the evidence
for the accused. Before the trial, Alfonso approached
All the partners have, by their joint and several efforts Phillip and confessed that he is the killer of the city
over a period of years contributed to the goodwill mayor and not Reynaldo. When the case was called
attached to the firm name. In the case of a firm having for trial, Phillip manifested before the court that
widespread connections, this goodwill is disturbed by a Alfonso approached him and admitted that he killed
change in firm name every time a partner dies, and that the mayor and asked the court for whatever proper
reflects a loss in some degree of the goodwill to the action it may take. The counsel for the accused took
building up of which the surviving partners have advantage of the presence of Alfonso, who was
contributed their time, skill and labor through a period placed on the witness stand and elicited testimonial
of years (CPR Annotated, PhilJA). evidence. The court eventually acquitted Reynaldo.
The heirs of the city mayor filed a disbarment case
CANON 4. Participate in the improvement of the against Phillip on the ground that it is his duty to see
legal system to it that the criminal is convicted and punished.
They believe Reynaldo is the real killer and Alfonso
CANON 5. Keep abreast of legal development and was only a fall guy and that Reynaldo could not have
participate in continuing legal education program been acquitted were it not for the disclosure of
and assist in disseminating information regarding Phillip. Phillip argues that the City Prosecutor is not
the law and jurisprudence for the offended party or the heirs of the victim but
it is his main duty that "justice be done." Did Phillip
CANON 6. Applicability of the CPR to lawyers in the commit any violation of the CPR? Explain. (2016
government service Bar)
A: Phillip did not commit any violation of the Code of
Q: Atty. Advincula manifested in his compliance that Professional Responsibility. Rule 6.01 categorically
he had immediately accepted the resolution of the states that the primary duty of a lawyer engaged in
IBP Board of Governors suspending him for two public prosecution is not to convict but to see that justice
months and that he had then gone ON LEAVE from is done. The suppression of facts or the concealment of
work in the NBI for two months starting in witnesses capable establishing the innocence of the
November until the end of December 2012, and that accused is highly reprehensible and is cause for
such leave from work involved refraining from disciplinary action." A public prosecutor is a
performing his duties as a Legal Officer of the NBI. representative not an ordinary party in a controversy,
Will a leave of absence suffice? but of a sovereignty whose obligation govern impartially
A: NO. His supposed compliance with the is as compelling as its obligation to govern at all.
recommended two-month suspension could not be
satisfied by going on leave from his work at the NBI. His Instance where a private prosecutor may appear in
being a government employee necessitates that his behalf of the State even without the presence or
suspension from practice of law should include his supervision of a public prosecutor
suspension from office. A leave of absence will NOT In case of heavy work schedule of the public prosecutor
suffice. This is so considering that his position mandated or lack of public prosecutors, the private prosecutor
him to be a member of the Philippine Bar in good may be authorized in writing by the Chief of the
standing. If the rule is different, this exercise of Prosecution Office or the Regional State Prosecutor to
reprobation of an erring lawyer by the Court is rendered prosecute the case subject to the approval of the court.
inutile and becomes a mockery because he can continue Once so authorized to prosecute the criminal action, the
to receive his salaries and other benefits by simply going private prosecutor shall continue to prosecute the case
on leave for the duration of his suspension from the up to end of the trial even in the absence of a public
practice of law (Advincula v. Atty. Advincula, A.C. No. prosecutor, unless the authority is revoked or otherwise
9226, June 14, 2016). withdrawn (Sec. 5, Rule 110, RRC as amended by A.M. No.
02-2-07-SC effective May 1, 2002).
Instances when a former government lawyer may be
prohibited from accepting legal engagement: (1) A Rule 6.03 - A lawyer shall not, after leaving
lawyer shall not after leaving the government service government service, accept engagement or
accept engagement or employment in connection with employment in connection with any matter in which
any matter in which he had intervened while in said he had intervened while in said service. (1992, 1993,
service; or (2) Retired members of the judiciary 2001 Bar)
receiving pensions from the government should not
practice law where the government is the adverse party Adverse-interest Conflict vs. Congruent-interest
or in a criminal case involving a government employee Conflict
in the performance of his duties as such. ADVERSE-INTEREST CONGRUENT-
CONFLICTS INTEREST
Rule 6.01 – The primary duty of a lawyer engaged in REPRESENTATION
public prosecution is not to convict but to see that CONFLICTS
Rule 8.02 - A lawyer shall not, directly or indirectly, Q: Engr. Tumbokon referred a case for partition of
encroach upon the professional employment of the estate of the late Benjamin Yap to Atty. Pefianco.
another lawyer; however, it is the right of any lawyer, It was agreed in writing that Rufino would receive
without fear or favor, to give proper advice and ten (10) percent of the attorney’s fees to be received
assistance to those seeking relief against unfaithful by Atty. Pefianco. However, when the fees were
or neglectful counsel (1995, 1997, 2001, 2005, 2006 already paid, Pefianco refused to pay, stating in a
Instances when lawyers can be disciplined based on An administrative complaint is not an appropriate
the pleadings they filed: When a counsel remedy where judicial recourse is still available, such as
deliberately: (1) Files an unsigned pleading in violation a motion for reconsideration, an appeal, or a petition for
of the rules; (2) Alleges scandalous matters therein; or certiorari, unless the assailed order or decision is tainted
(3) Fails to promptly report to the court a change of his with fraud, malice, or dishonesty (Santiago III v. Justice
address. Enriquez, Jr., A.M. No. CA-09-47-J, February 13, 2009).
CANON 11. Observe and maintain the respect due to CANON 12. Duty to assist in the speedy and efficient
the courts and judicial officers and should insist on administration of justice
similar conduct by others
The filing of another action concerning the same subject
Rule 11.01 - A lawyer shall appear in court properly matter, in violation of the doctrine of res judicata, runs
attired. contrary to this Canon (Lim v. Montano, A.C. No. 5653,
February 27, 2006).
Q: Atty. Jesus Falcis appeared in a preliminary
conference before the Supreme Court wearing a Rule 12.02 - A lawyer shall not file multiple actions
casual jacket, cropped jeans, and loafers without arising from the same cause. (1991, 1997, 1998,
socks. Did Atty. Falcis commit any ethical 2002 Bar)
impropriety?
A: YES. Atty. Falcis is reminded of the requirement NOTE: If same evidence supports both actions, there is
under Canon 11 of the CPR for lawyers to “observe and also forum shopping.
maintain the respect due to the Courts and to judicial
officers and to insist on similar conduct by others.” This Rule 12.03 - A lawyer shall not, after obtaining
duty encompasses appearances before courts in proper extensions of time to file pleadings, memoranda or
attire. This Court does not insist on sartorial pomposity. briefs, let the period lapse without submitting the
It does not prescribe immutable minutiae for physical same or offering an explanation for his failure to do
appearance. Still, Professional courtesy demands that so. (2003 Bar)
persons, especially lawyers, having business before
courts, act with discretion and manifest this discretion Rule 12.04 - A lawyer shall not unduly delay a case,
in their choice of apparel (Atty. Falcis III v. Civil Registrar impede the execution of a judgment or misuse court
General, G.R. No. 217910, July 3, 2018). processes.
Rule 11.03 - A lawyer shall abstain from Q: An administrative case is filed against Atty.
scandalous, offensive, or menacing language or Balbin. Atty. Balbin initially moved for an extension
behavior before the Courts. of time to file comment but did not file the same
Rule 12.05 - A lawyer shall refrain from talking to Q: Cacai, a law student, filed an administrative
his witness during a break or recess in the trial, complaint against RTC Judge Casimiro Conde, her
while the witness is still under examination. professor in law school, based on the following
allegations:
Q: May an attorney talk to his witnesses before and (a) In a school convocation where Judge Conde
during the trial? (2014 Bar) was the guest speaker, Judge Conde openly
A: An attorney can talk with his witnesses before the disagreed and criticized a recently-decided
trial, but it is unethical to do so if the client is already on Supreme Court decision and even stressed
the witness stand during the trial (Agpalo, 2009). that the decision of the Supreme Court in
that case was a serious violation of the
NOTE: Although the law does not forbid an attorney to Constitution.
be a witness and at the same time an attorney in a case, (b) In his class discussions, Judge Conde named
the courts prefer that counsel should not testify as a Cacai's mother, an MTC judge, as one of the
witness unless it is necessary and that they should judges involved in a marriage scam. At that
withdraw from the active management of the case (PNB time, the case against her mother was still
v. Uy Teng Piao, G.R. No. L- 35252, October 21, 1932). pending. Judge Conde also included in his
class discussion Cacai's brother whom he
GR: A lawyer is not disqualified from being a witness referred to as a "court-noted drug addict."
(Santiago v. Rafanan, A.C. No. 6252, October 5, 2004). Cacai asserted that the acts of Judge Conde were
XPN: In certain cases pertaining to privileged open displays of insensitivity, impropriety, and lack
communication arising from an attorney-client of delicadeza bordering on oppressive and abusive
relationship (Santiago v. Rafanan, A.C. No. 6252, October conduct. She also alleged that Judge Conde acted
5, 2004). with absolute disrespect for the Court and violated
the "sub judice rule" when he discussed the
Q: BPI and LSDC had a Joint Venture Agreement. Rule 15.06 - A lawyer shall not state or imply that
LSDC misrepresented to have ownership over the he is able to influence any public official, tribunal or
lots sold and failed to deliver the title to the buyers. legislative body.
Atty. Deloria represented Menguito, the President of
LSDC, in a criminal case for estafa filed by Spouses Rule 15.07 - A lawyer shall impress upon his client
Corazon and Roberto Flores, while he filed a compliance with the laws and the principles of
Under Article 1491 of the Civil Code, lawyers Elements for exercise of charging lien: [ASMoCAR]
cannot acquire or purchase, even at public or judicial 1. Attorney-client relationship;
auction, either in person or through the mediation of 2. Legal Services was rendered;
another the property and rights which may be the object 3. Favorable Money judgment secured by the counsel
of any litigation in which they take part by virtue of their for his client;
profession. 4. The attorney has a Claim for Attorney’s fees or
NOTE: This prohibition is entirely independent of fraud advances; and
and such need not be alleged or proven. Art. 1491 (5) of 5. A statement of the claim has been duly Recorded in
the NCC applies only if the sale or assignment of the the case with notice thereof served upon the client
property takes place during the pendency of the and the adverse party.
litigation involving the client’s property (Ramos v.
Ngaseo, A.C. No. 6210, December 9, 2004). RETAINING CHARGING LIEN
LIEN
Rule 16.01 - A lawyer shall account for all money or As to Nature Passive lien. Active lien. It can
property collected or received for or from the It cannot be be enforced by
client. actively execution. It is a
enforced. It special lien.
Q: Del Mundo and Tuparan hired the services of Atty. is a general
Capistrano regarding their petitions for nullity of lien.
their marriages. Del Mundo paid Atty. Capistrano As to Basis Lawful Securing of a
₱78,500.00 and he assured her that he would file the possession of favorable money
petitions soon. After visiting the Clerk of Court, Del papers, judgment for
Mundo discovered that Atty. Capistrano had yet to documents, client.
file petitions for her and only filed for Tuparan. property
Aggrieved, she asked for the reimbursement of her belonging to
money. Atty. Capistrano negotiated that he could the client.
only return ₱63,000.00 and in a staggered basis.
After making a dated installment plan, Del Mundo As to Coverage Covers Covers all
agreed. Atty. Capistrano only paid ₱5,000 then papers, judgments for the
disappeared. Del Mundo now institutes a documents, payment of
disbarment complaint. Will Del Mundo’s petition and money and
prosper? properties in execution issued
A: YES, Del Mundo’s petition will prosper. A lawyer is the lawful in pursuance of
obliged to hold in trust money of his client that may possession of such judgment.
come to his possession. As trustee of such funds, he is the attorney
bound to keep them separate and apart from his own. by reason of
Money entrusted to a lawyer for a specific purpose such his
as for the filing and processing of a case if not utilized, professional
must be returned immediately upon demand. Failure to employment.
return gives rise to a presumption that he has
misappropriated it in violation of the trust reposed on As to Effect As soon as As soon as the
him. And the conversion of funds entrusted to him the attorney claim for
constitutes gross violation of professional ethics and gets attorney’s fees
betrayal of public confidence in the legal profession (Del
Rule 20.04 - A lawyer shall avoid controversies Rule 21.04 - A lawyer may disclose the affairs of a
with clients concerning his compensation and client of the firm to partners or associates thereof
shall resort to judicial action only to prevent unless prohibited by the client (2008 Bar)
imposition, injustice or fraud. (1998 Bar)
CANON 22. Withdraw services only for good cause
NOTE: A client may enter into a compromise agreement and upon notice
without the intervention of the lawyer, but the terms of
the agreement should not deprive the counsel of his Right to withdraw
compensation for the professional services he had GR: A lawyer lacks the unqualified right to withdraw
rendered. If so, the compromise shall be subjected to once he has taken a case. By his acceptance, he has
said fees. If the client and the adverse party who impliedly stipulated that he will prosecute the case to its
The burden of proof rests on the complainant, and she A: YES. To satisfy the substantial evidence requirement
must establish the case against the respondent by clear, for administrative cases, hearsay evidence should
convincing and satisfactory proof, disclosing a case that necessarily be supplemented and corroborated by other
is free from doubt as to compel the exercise by the Court evidence that are not hearsay. The following evidence
of its disciplinary power. Thus, the adage that he who sufficiently prove the existence of an illicit relationship:
asserts not he who denies, must prove (Atty. Dela (1) Gubaton’s own account; (2) corroborative
Fuente-Torres et. al v. Dalangin, A.C. No. 10758, December statements in an affidavit executed by Navarez, a neutral
5, 2017) and disinterested witness; (3) description by Gubaton’s
sister, Nila; and (4) love letters/notes supposedly
Q: Adante filed before the Ombudsman a letter, written by Bernadette to Atty. Amador (Gubaton v. Atty.
alleging that it was “intimated to her” that Atty. Amador, A.C. No. 8962, July 9, 2018, PERLAS-BERNABE).
Cajayon, whom she met only once, was in cahoots
with Justice Lantion in engaging in the shameful DISBARMENT PROCEEDINGS BEFORE THE IBP
business of “selling” decisions involving cases from
the CA-CDO to the highest bidder. Subsequently, By virtue of B.M. No. 1645, the IBP has no power to
Ofendoreyes filed before the same agency a letter, dismiss complaint against lawyers. It may only
requesting the latter to investigate and stop the recommend the dismissal of such complaints as the
purported partnership of Atty. Cajayon and Justice power to dismiss complaints against lawyers is solely
Lantion from the business of selling decisions in reserved to the Supreme Court.
exchange for money. The OCA found that the letter-
complaints were insufficient in form and substance The IBP shall forward to the Supreme Court for
in that they: (1) were not verified; and (2) lacked appropriate disposition all complaints for disbarment,
affidavits of persons who may have personal suspension and discipline filed against incumbent
knowledge of the facts to prove or substantiate the Justices of the Court of Appeals, Sandiganbayan, Court of
letter-complaints' allegations against Atty. Cajayon Tax Appeals and judges of lower courts, or against
and Justice Lantion, as well as supporting lawyers in the government service whether or not they
documents. Will the case prosper? are charged singly or jointly with other respondents,
A: NO. Under the Rules of Court, administrative and whether or not such complaint deals with acts
complaints both against lawyers and judges of regular unrelated to the discharge of their official functions.
and special courts as well as Justices of the Court of 1. If the complaint is filed before the IBP, it shall be
Appeals and the Sandiganbayan must be verified and transmitted to the IBP Board of Governors for
supported by affidavits of persons who have personal assignment to an investigator.
knowledge of the facts alleged therein or by documents
2. The Board of Governors shall appoint from among
which may substantiate said allegations. Jurisprudence
the IBP members an investigator or when special
dictates that in administrative proceedings,
circumstances so warrant, a panel of 3 investigators
complainants bear the burden of proving the allegations
to investigate the complaint;
in their complaints by substantial evidence. If they fail to
3. If the complaint is meritorious, the respondent shall
show in a satisfactory manner the facts upon which their
be served with a copy requiring him to answer
claims are based, the respondents are not obliged to
within 15 days from service.
prove their exception or defense. The evidence against
4. The respondent shall file a verified answer
the respondent should be competent and should be
containing the original and five (5) legible copies;
derived from direct knowledge. Adante and
after receipt of the answer or lapse of the period to
Ofendoreyes not only failed to comply with the formal
do so, the Supreme Court, may, motu proprio or upon
requirements provided in the Rules of Court, but also did
recommendation, the IBP Board of Governors
not present evidence to lend any ostensible merit to
suspend an attorney from practice, for any of the
their letter-complaints. Thus, the case should be
causes under Rule 138, Sec. 27, during the pendency
dismissed (Re: Letter of Ofendoreyes Alleging Illicit
of the investigation
Activities of a Certain Atty. Cajayon Involving Cases In CA,
5. After joinder of the issues or failure to answer, the
A.M. No. 16-12-03-CA, June 6, 2017, PERLAS-BERNABE).
respondent shall be given full opportunity to defend
himself. But if the respondent fails to appear to
Q: Jildo Gubaton filed an administrative case against
defend himself in spite of notice, the investigator
Atty. Amador for gross immorality for maintaining
may proceed ex parte. The investigation shall be
an illicit relationship with his wife, Bernadette.
terminated within 3 months from commencement
Testimonies of Bernandette's house helper and
unless extended for good cause by the Board of
Bernadette's clinic secretary were argued to be
Governors upon prior application.
hearsay. Gubaton submitted several other pieces of
6. The investigator shall make a report to the Board of
evidence. First, Gubaton’s own account that he
Governors within 30 days from termination of the
actually saw Atty. Amador and Bernadette together
investigation which report shall contain his findings
on various intimate occasions. Second,
and recommendations together with the evidence.
corroborative statements in an affidavit executed by
7. The Board of Governors shall have the power to
Navarez, who works in BIR as a messenger and goes
review the decision of the investigator. Its decision
around the city in relation to his work. Third,
shall be promulgated within a period not exceeding
description by Gubaton’s sister, Nila, about how
30 days from the next meeting of the Board following
Atty. Amador would often visit Bernadette and
the submission of the report of the investigator.
spend the night in their residence, while she was
8. If the decision is a finding of guilt of the charges, the
still living with Bernadette and their children
IBP Board of Governors shall issue a resolution
thereat. Fourth, love letters/notes supposedly
setting forth its findings and recommendations
written by Bernadette to Atty. Amador. Is there
Q: Collantes alleged that Atty. Mabuti notarized a CANON 1. Judicial independence is a pre-requisite to
document entitled "Memorandum of Agreement" the rule of law and a fundamental guarantee of a fair
dated October 10, 2009 in the City of Manila. He trial. A judge shall, therefore, uphold and exemplify
discovered that Atty. Mabuti was not commissioned judicial independence in both its individual and
as a notary public in the City of Manila for the years institutional aspects.
2008 and 2009. A Certification issued by the
Notarial Section of the Office of the Clerk of Court Judges must reject pressure by maintaining
and Ex-Officio Sheriff of the Regional Trial Court independence from, but not limited to the following:
(RTC) of Manila attested to the same. Is Atty. Mabuti 1. Independence from public officials – the public
administratively liable for violation of the 2004 laid their confidence on the fact that the official is
Notarial Rules? mentally and morally fit to pass upon the merits of
A: YES. A lawyer who performs a notarial act without their varied intentions.
such commission violates the lawyer's oath to obey the 2. Independence from government as a whole–
laws, specifically, the Notarial Rules. Here, Atty. Mabuti avoid inappropriate connections and any situation
notarized the subject document, "Memorandum of that would give rise to the impression of the
Agreement," without being commissioned as a notary existence of such inappropriate connections.
public at the time of notarization. Atty. Mabuti’s 3. Independence from family, social, or other
transgressions of the Notarial Rules also have a bearing relationships– avoid sitting in litigation where a
LEGAL FORMS
LETTER DATE
NAME OF LESSOR
Address of Lessor
LETTER OF DEMAND
My client, (NAME OF CLIENT), the landlord of (DESCRIPTION OF PROPERTY), endorsed to me the matter of your
overdue accountability in the amount of (AMOUNT IN WORDS) (₱______________), representing your unpaid rentals.
Despite my client’s several demands, you refused to settle the account up to present.
In view thereof, you are hereby given TEN (10) DAYS from receipt hereof to pay the foregoing amount of
(AMOUNT IN WORDS) (₱______________), plus _____% interest starting (DUE DATE OF PAYMENT), and _____% collection
fee; otherwise, I shall be constrained to file the necessary legal action against you to collect the foregoing amount, plus
_____% attorney’s fees thereon as well as litigation expenses.
Sincerely,
________________________________________
ATTY. (NAME OF COUNSEL)
Counsel for (Name of Client)
AUTHORIZATION LETTER
NAME OF SENDER
Address of Sender
LETTER DATE
NAME OF RECEIVER
Address of Receiver
AUTHORIZATION LETTER
This letter of authorization will be in effect from (STARTING DATE) to (END DATE). If you have any question, feel
free to contact me on (CONTACT DETAILS OF SENDER) for any further clarification needed.
Sincerely,
_________________________________________
NAME OF SENDER
Title of Sender
Date of Signature
LEASE CONTRACT
CONTRACT OF LEASE
This CONTRACT OF LEASE is made and executed at the City of _____, this day of _______________, 20____, by and between:
(NAME OF LESSOR), of legal age, single/married to (NAME OF SPOUSE, IF ANY), Filipino, and with residence
and postal address at (Address), hereinafter referred to as the LESSOR.
-AND-
(NAME OF LESSEE), Filipino and with residence and postal address at (ADDRESS), hereinafter referred to as
the LESSEE.
WITNESSETH; That
WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property situated at (Address of
property to be leased);
WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease the same;
NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the LESSEE and
the LESSEE hereby accepts from the LESSOR the LEASED premises, subject to the following:
1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for residential purposes only and
shall not be diverted to other uses. It is hereby expressly agreed that if at any time the premises are used for other
purposes, the LESSOR shall have the right to rescind this contract without prejudice to its other rights under the law.
2. TERM: This term of lease is for ONE (1) YEAR. from (Date) to (Date) inclusive. Upon its expiration, this lease may be
renewed under such terms and conditions as may be mutually agreed upon by both parties, written notice of intention
to renew the lease shall be served to the LESSOR not later than seven (7) days prior to the expiry date of the period herein
agreed upon.
3. RENTAL RATE: The monthly rental rate for the leased premises shall be in (AMOUNT IN WORDS) (P______________),
Philippine Currency. All rental payments shall be payable to the LESSOR.
4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior to move-in an amount
equivalent to the rent for THREE (3) MONTHS or the sum of (AMOUNT IN WORDS) (P______________), Philippine
Currency, wherein the two (2) months deposit shall be applied as rent for the 11th and 12th months and the remaining
one (1) month deposit shall answer partially for damages and any other obligations, for utilities, such as Water,
Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of the provision of this contract.
5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as when the checks
are dishonored, the LESSOR at its option may terminate this contract and eject the LESSEE. The LESSOR has the right to
padlock the premises when the LESSEE is in default of payment for ONE (1) MONTH and may forfeit whatever rental
deposit or advances have been given by the LESSEE.
6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased premises to be occupied in
whole or in part by any person, form or corporation, neither shall the LESSEE assign its rights hereunder to any other
person or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE
without the LESSOR'S written approval.
7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water, Internet, association dues and
other public services and utilities during the duration of the lease.
8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or damaged by fire, flood, lightning,
typhoon, earthquake, storm, riot or any other unforeseen disabling cause of acts of God, as to render the leased premises
during the term substantially unfit for use and occupation of the LESSEE, then this lease contract may be terminated
without compensation by the LESSOR or by the LESSEE by notice in writing to the other.
9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due notice to the LESSEE shall
have the right to enter the premises in the presence of the LESSEE or its representative at any reasonable hour to examine
the same or make repairs therein or for the operation and maintenance of the building or to exhibit the leased premises
to prospective LESSEE, or for any other lawful purposes which it may deem necessary.
10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as herein provided, the
LESSEE will promptly deliver to the LESSOR the leased premises with all corresponding keys and in as good and tenable
condition as the same is now, ordinary wear and tear expected devoid of all occupants, movable furniture, articles and
effects of any kind. Non-compliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the
latter's option, to refuse to accept the delivery of the premises and compel the LESSEE to pay rent therefrom at the same
rate plus Twenty Five (25) % thereof as penalty until the LESSEE shall have complied with the terms hereof. The same
11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial relief against the other, the
losing party shall pay an amount of ONE HUNDRED (100)% of the amount claimed in the complaint as attorney's fees
which shall in no case be less than FIFTY THOUSAND PESOS (₱50,000.00) in addition to other cost and damages which
the said party may be entitled to under the law.
12. This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-in-interest and assigns.
IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above written.
_____________________________ ______________________________
(NAME OF LESSOR) (NAME OF LESSEE)
Lessor Lessee
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________, personally appeared the
following persons, with their respective Community Tax Certificates as follows:
Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged
to me that the same are their free act and voluntary deed.
This instrument, consisting of (__) pages, including the page on which this acknowledgment is written, has been
signed on the left margin of each and every page thereof by the concerned parties and their witnesses, and sealed with
my notarial seal.
__________________________________
NAME OF NOTARY PUBLIC
Notary Public
This DEED OF ABSOLUTE SALE is made, executed and entered into by:
(NAME OF SELLER), of legal age, single/married to (NAME OF SPOUSE, IF ANY), Filipino, and with residence
and postal address at (ADDRESS OF SELLER), hereinafter referred to as the SELLER
-AND-
(NAME OF BUYER), Filipino and with residence and postal address at (ADDRESS OF BUYER), hereinafter
referred to as the BUYER.
WITNESSETH;
WHEREAS, the SELLER is the registered owner of a parcel of land with improvements located at (Address of
property to be sold) and covered by Transfer Certificate of Title No. (TCT Number) containing a total area of (Land
Area of Property in Words) (000) SQUARE METERS, more or less, and more particularly described as follows:
(Technical Description Of The Property On The Title) Example: A PARCEL OF LAND (Lot 20 Blk 54 of
consolidation subdivision plan (LRC) Pcs-13265, being a portion of the consolidation of Lots 4751-A and 4751-B (LRC)
Psd-50533, Lot 3, Psd-100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632, N-11782, N-13466, and
21071 situated in the Bo. of San Donisio, Mun of Paranaque, Prov of Rizal, Is. of Luzon. Bounded on NE., point 4 to 1 by
Road Lot 22, on.to the point of beginning; containing an area of (280) square meters more or less."
WHEREAS, the BUYER has offered to buy and the SELLER has agreed to sell the above mentioned property for
the amount of (AMOUNT IN WORDS) (₱ ______________) Philippine Currency;
NOW THEREFORE, for and in consideration of the sum of (AMOUNT IN WORDS) (₱ ______________) Philippine
Currency, hand paid by the vendee to the vendor, the SELLER DO HEREBY SELL, TRANSFER, and CONVEY by way of
Absolute Sale unto the said BUYER, his heirsand assigns, the certain parcel of land together with all the improvements
found thereon, freefrom all liens and encumbrances of whatever nature including real estate taxes as of the date of this
sale.
____________________________ _____________________________
(NAME OF SELLER) (NAME OF BUYER)
Seller Buyer
WITH MARITAL CONSENT:
______________________________________ _____________________________________
NAME OF SELLER’S SPOUSE NAME OF BUYER’S SPOUSE
Seller's Spouse Buyer's Spouse
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________, personally appeared the
following persons, with their respective Community Tax Certificates as follows:
Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged
to me that the same are their free act and voluntary deed.
This instrument, consisting of (__) pages, including the page on which this acknowledgment is written, has been
signed on the left margin of each and every page thereof by the concerned parties and their witnesses, and sealed with
my notarial seal.
__________________________________
NAME OF NOTARY PUBLIC
Notary Public
I, (NAME OF PRINCIPAL), single/married to (NAME OF PRINCIPAL’S SPOUSE, IF ANY), of legal age, with
residence and postal address at (ADDRESS OF PRINCIPAL) do hereby APPOINT (NAME OF AGENT), single/married to
(NAME OF AGENT’S SPOUSE, IF ANY), likewise of legal age, with postal address at (ADDRESS OF AGENT) whose
specimen signature appears below, to be my true and lawful Attorney-in-fact, for me and in my name, place and stead,
and for my own use and benefit to do the following acts and deeds:
1. To sell, offer for sale, and come to an agreement as to the purchase price and thereafter to sign for me and in my name
and receive payment from the sale of my property more particularly described as follows: (Technical Description of
the Property on the Title)
HEREBY GIVING AND GRANTING unto my said Attorney-in-fact full power and authority to do and perform all
and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents
and purposes as I might or could lawfully do if personally present, and hereby ratifying and confirming all that my said
attorney-in-fact shall lawfully do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand at _____________, this ___ day of _______________, 20___.
______________________________________ _________________________________
(NAME OF PRINCIPAL) (NAME OF AGENT),
Principal Attorney-In-Fact
SUBSCRIBED AND SWORN to before me this _______________ at _______________, Affiant exhibiting to me his/her
________________ issued on ________________ and expiring on ________________.
__________________________________
NAME OF NOTARY PUBLIC
Notary Public
I, (NAME), of legal age, (CITIZENSHIP),single/married, and a resident of (ADDRESS), after having been duly
sworn to in accordance with law, hereby, depose and say:
1. That I am the ______________________________in the above-entitled case and have caused this ___________________________________
to be prepared; that I read and understood its contents which are true and correct of my own personal knowledge and/or
based on authentic records.
2. That I have not commenced any action of proceeding involving the same issue in the Supreme Court, the Court of
Appeals or any other tribunal or agency; that to the best of my knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals or any tribunal or agency, and that, if I should learn thereafter that a similar action
or proceeding has been filed or is pending before these courts of tribunal or agency, I undertake to report that the fact to
the Court within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto affixed my signature at _____________, this ___ day of _______________, 20_____.
______________________________
(NAME OF AFFIANT)
Affiant
SUBSCRIBED AND SWORN to before me this _______________ at _______________, Affiant exhibiting to me his/her
________________ issued on ________________ and expiring on ________________.
__________________________________
NAME OF NOTARY PUBLIC
Notary Public
NOTICE OF HEARING
NOTICE OF HEARING
(ABISO NG PAGDINIG)
YOUR CASE IS SET for hearing before the Presiding Judge of this Court on _________________________ at
___________________________________________.
(Ang iyong kaso ay diringgin ng Pinunong hukuman ng Hukumang ito sa _____________________________, ganap na
________________________________.)
YOU MUST ATTEND THE HEARING, IF YOU CANNOT ATTEND BECAUSE IT IS PHYSICALLY IMPOSSIBLE
FOR YOU TO DO SO, YOU MAY AUTHORIZE A REPRESENTATIVE WHO IS NOT A LAWYER TO APPEAR FOR YOU.
FOR THIS PURPOSE YOU SHOULD FILL UP FORM 5-SCC (SPECIAL POWER OF ATTORNEY).
(KINAKAILANGAN NINYONG DUMALO SA PAGDINIG. Kung hindi kaya ng katawan ninyo ang pagdalo nang
personal sa pagdinig ng iyong kaso, maaari kang magpadala ng iyong kinatawan na hindi abogado sa pagdinig. Sa
ganitong layunin, punuan ninyo ang Form 5-SCC [Natatanging Gawad-Kapangyarihan – Special power of attorney.])
WITNESS the HON. __________________________________, Presiding Judge of this court, this ____ day of ___________________,
20___, at _______________________, Philippines.
(Saksi si Kgg. __________________________, Pinunong Hukuman ng Hukumang ito, ngayong _____________________, 20____
ditto sa _______________________________, Pilipinas.)
__________________________________________
Branch Clerk of Court
EXPLANATION IN MOTIONS
EXPLANATION
The foregoing motion is being filed to the Honorable Court with copy theoreof furnished to other party by
registered mail due to distance of the undersigned to said other party, making personal filing and service thereof not
practicable.
_________________________________________
(NAME OF COUNSEL)
Counsel for Plaintiff/Defendant
x---------------------------------------------------x
I, MARIA TAMAD, of legal age, married, and resident of 123 Tampingco St., San Lorenzo, Makati, petitioner in this
case, after having duly sworn to in accordance with law, hereby depose and say that:
PRELIMINARY STATEMENT
The person examining me is ATTY. PEDRO DELA CRUZ with office address at _____________ Makati City. The
examination is being held at the same address. I am answering her questions fully conscious that I do so under oath and
may face criminal liability for false testimony and perjury.
PURPOSE: This affidavit/testimony of petitioner MARIA TAMAD is being offered to prove that the respondent
JUAN TAMAD contracted marriage twice, the first on ______________, and the second one on _________________ with petitioner,
while the respondent’s previous marriage with was still valid and has not yet legally dissolved. The petitioner’s testimony
is also offered to prove the legal basis for the declaration of nullity of the petitioner’s marriage with the respondent, the
same being bigamous and therefore VOID.
1. Q. Please state your name and other personal circumstances for the record.
A. MARIA TAMAD.
2. Q. Are you the same MARIA TAMAD, the petitioner in this case?
A. Yes sir.
IN WITNESS WHEREOF, I have hereunto affixed my signature at Makati City, this ___ day of _______________, 2019.
______________________________
MARIA TAMAD
Affiant
SUBSCRIBED AND SWORN to before me in the City of Makati this ____ day of ____ 2019, affiant exhibited to
me her Comm. Certificate No. 03861183 issued at Manila on March 4, 2009.
__________________________________
NAME OF NOTARY PUBLIC
Notary Public
I, ATTY. PEDRO DELA CRUZ, of legal age, Filipino citizen, after having duly sworn to in accordance with law do
hereby depose and say:
IN WITNESS WHEREOF, I have hereunto affixed my signature at _____________, this ___ day of _______________, 2019.
_________________________________________
ATTY. PEDRO DELA CRUZ
Counsel for Petitioner
SUBSCRIBED AND SWORN to before me this _______________ at _______________, Affiant exhibiting to me his
________________ issued on ________________ and expiring on ________________.
__________________________________
NAME OF NOTARY PUBLIC
Notary Public
SUBSCRIBED AND SWORN to before me, this _____________, by _____________ who exhibited to me (his/her) Community
Tax Certificate No. _____________ issued at _____________, Philippines on _____________.
_________________________________
NAME OF NOTARY PUBLIC
Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;
SUBSCRIBED AND SWORN to before me, this _____________, by _____________ who exhibited to me (his/her) Community
Tax Certificate No. _____________ issued at _____________ on _____________ and by _____________ who exhibited to me (his/her)
Community Tax Certificate No. _____________ issued at _____________ on _____________.
__________________________________
NAME OF NOTARY PUBLIC
Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________, personally appeared
_____________ with Community Tax Certificate No. _____________ issued on _____________ at _____________ (and Tax Identification
__________________________________
NAME OF NOTARY PUBLIC
Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________, personally appeared the
following persons, with their respective Community Tax Certificates as follows:
all known to me and to me known to be the same persons who executed the foregoing instrument which they
acknowledged to me to be their free and voluntary act and deed, consisting of only ______ (____) page/s, including this page
in which this Acknowledgement is written, duly signed by them and their instrumental witnesses on each and every page
hereof.
__________________________________
NAME OF NOTARY PUBLIC
Notary Public
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;
1. They were given by the Honorable Court to submit their Answer in the above-entitled case fifteen (15) days from
service of the summons or until (ORIGINAL DATE);
2. As they are still in the process of gathering evidence including documents and testimonies of witnesses to be
incorporated to their Answer, they request that they be given additional fifteen (15) days or until (REQUESTED DATE)
to submit the Answer.
PRAYER
MOTION TO DISMISS
COMES NOW the Respondent, _____________ INC., through the undersigned counsel, appearing especially and solely
for this purpose, and to this Honorable Court, most respectfully moves for the dismissal of the Complaint on the following
ground that THE HONORABLE COURT HAS NOT ACQUIRED JURISDICTION OVER THE PERSON OF THE DEFENDING
PARTY.
DISCUSSION
A cursory reading of the Summons and Return of Service would readily show that the copies of the Summons dated
08 May 2001 and the Complaint and its corresponding annexes were allegedly delivered and tendered upon the Movant
_____________ INC. through a certain Maria Clara alleged to be the authorized personnel of Movant _____________ INC., Bacolod
City on 29 August 2001. Copies of the said Summons and Return of Service that form part of the records on the case are
hereto pleaded as integral part of this Motion;
Said service of Summons, however, constitutes an improper service of summons amounting to lack of jurisdiction
over the person of the herein Movant Corporation _____________ INC. since the summons was improperly served upon a
person who is not one of those persons named or enumerated in Section 11, Rule 14 of the 1997 Rules of Civil Procedure
upon whom service of summons shall be made;
The material provision on the service of summons provided for in Section 11 of Rule 14 of the 1997 Rules of Civil
Procedure reads as follows:
"Section 11. Service upon domestic private juridical entity.- When the defendant is a corporation, partnership or
association organized under the laws of the Philippines with a juridical personality, service may be made on the
president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel"
It bears no further emphasis that the service of the summons was done on a person who is not included in the
exclusive enumeration provided for under the said Section, as service was done only on an alleged authorized personnel
of the Movant Corporation;
This new revision of the Rules of Court for the service of summon is a clear departure from the old rule as stated
in Section 13, Rule 14 of the Rules of Court which provided that:
"SECTION 13. Service upon private domestic corporation or partnership. - If the defendant is a corporation
organized under the laws of the Philippines or a partnership duly registered, service may be made on the president,
manager, secretary, cashier, agent, or any of its directors."
It must be equally noted that the changes in the new rules are substantial and not just general semantics as the
new rules restricted the service of summons on persons clearly enumerated therein. In effect, the new provision makes
it more specific and clear such that in the case of the word "manager", it was made more precise and changed to "general
manager", "secretary" to "corporate secretary", and excluding therefrom agent and director;
PRAYER
WHEREFORE, it is respectfully prayed that the Complaint with respect to the Movant Corporation be dismissed
for lack of jurisdiction over the person of the defendant. Other reliefs just and equitable are likewise prayed for.
1.The records of the Honorable Court show that Defendant (NAME OF DEFENDANT) was served with copy of the
summons and of the complaint, together with annexes thereto on (DATE OF SERVICE);
2.Upon verification however, the records show that Defendant (NAME OF DEFENDANT) has failed to file his Answer
within the reglementary period specified by the Rules of Court despite the service of the summons and the complaint;
3.As such, it is respectfully prayed that Defendant (NAME OF DEFENDANT) be declared in default pursuant to the Rules
of Court and that the Honorable Court proceed to render judgment as the complaint may warrant.
PRAYER
WHEREFORE, it is respectfully prayed that Defendant (NAME OF DEFENDANT) be declared in default pursuant
to the Rules of Court and that the Honorable Court proceed to render judgment as the complaint may warrant. Other
relief just and equitable are likewise prayed for.