PALE SUN 8:00-11:00am Fr.

Dan Delos Angeles REVIEWER OF: LOUELLA VANESSA QUIJANO

PROBLEM AREAS IN LEGAL ETHICS c. Slight Physical Injuries

d. Carrying of Deadly Weapon
LAWYER’S OATH e. Indirect Contempt

DEFINING QUESTION (JU-RADU-GoMo-Ho)

I do solemnly swear that I will maintain allegiance to the
republic of the Philippines. I will support the constitution and Is it contrary to the accepted rules of Rights and Duty, Justice, Good Morals
obey the laws as well as the legal orders of the duly and Honesty.
constituted authorities therein. I will do no falsehood nor CONTINUING REQUIREMENTS FOR A PERSON WHO HAS REACQUIRED HIS
consent to the doing of any in court. I will not wittingly or FILIPINO CITIZENSHIP TO RESUME PRACTICE (COUP)
willingly promote or sue any groundless, false or unlawful
a. Compliance of the 36 hours MCLE Requirement
suit. I will delay no man for money or malice, and will conduct b. Retaking of Lawyer’s Oath
myself as a lawyer according to the best of my knowledge c. Updating Payment of all IBP Dues and Membership Fee
and discretion, with all good fidelity as well to the courts as to d. Payment of Professional Tax

my clients and I impose upon myself these voluntary REQUIREMENT NEEDED FOR FILIPINO CITIZEN WHO GRADUATED FROM
obligations without any mental reservation or purpose of FOREIGN LAW SCHOOL BEFORE ADMISSION TO BAR EXAM (SAFE)
evasion so help me God.
a. Separate Bachelor’s Degree Completion
b. Accreditation of the Law School by Proper Authority
PRACTICE OF LAW c. Fourth Year Subjects in the Bachelor of Laws in a law school duly
recognize by the Philippine Government
Rendition of services requiring the knowledge and the d. Equivalent Degree or completion of all courses leading to
application of legal principles and techniques to serve the Bachelor of Laws
interest of another with his consent. It is not limited to
LAW STUDENT PRACTICE RULE
appearing in court or advising and assisting in the conduct of
litigation but embraces the preparation of pleadings and LEVEL 1 LEVEL 2
other papers incident to action and special proceedings, *First Year Subject *Third Year Subject
*Valid before all courts, quasi- *Valid before all courts, quasi-
conveyancing, the preparation of legal instruments of all judicial and administrative bodies judicial and all administrative
kinds and the giving of legal advice to clients within the judicial region where bodies
law school is located

LEVEL 1 (GRAD PIN)

REQUISITES FOR THE ADMISSION TO THE PRACTICE OF LAW: - Give Legal Advice to clients
- Represent eligible parties
- Assist in Public Interest Advocacies for policy
(CR21-GM-EB)
- Draft Legal Instrument
- Provide Public Legal Orientation
a. Citizen of the Philippines - Interview Prospective Clients
b. Resident thereof - Negotiate for and in behalf of clients
c. 21 years of age
LEVEL 2 (PAACA)
d. Person of Good Moral Character - Perform all activities under Level 1
e. No charges against him involving moral turpitude - Assist in taking of deposition
f. Possess the educational qualification - Appear in behalf of client at any stage of the proceeding
- Criminal Cases, subject to Rule 110 Section 5 appear in behalf of
g. Pass the Bar Exam the government
- Appealed Cases – prepare pleadings

APPROACHES IN MORAL TURPITUDE DETERMINATION ADVERSE INTEREST CONFLICTS vs CONGRUENT INTEREST CONFLICT

a. First Approach (Objective Approach) Adverse Interest – where the matter in which the former government lawyer
Act itself is inherently immoral represents a client in private practice is substantially related to the matter
dealt with by the lawyer while employed by the government and the
b. Second Approach interests of the government and the interests of the former and current are
Look at the act committed through its element. Crimes involving fraud adverse
are looked on as involving moral turpitude
Congruent Interest – the disqualification does not really involve a conflict at
c. Third Approach (Subjective Approach) all because it prohibits the lawyer from representing a private practice client
Takes the offender and his acts into account in light of the attendance even if the interests of the former government client and current client are
circumstances. parallel. (unlike adverse interest, unique to former government lawyers)

MORAL TURPITUDE – Act of baseness, vileness or depravity in private and PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THE PHILIPPINES
social duties which man owes to his fellow man or society in general (JOESC-PRO-PVP-CONSTI-JBC-O-GoCiMu)

CRIMES RULED OUT NOT TO INVOLVE MORAL TURPITUDE (MISCI) 1. Judges and other officials or employees of the Superior court
2. Officials and employees of the office of the Solicitor General
a. Minor Transgressions of Law 3. Government Prosecutors
b. Illegal Recruitment 4. President, VP, Members of the Cabinet and their deputies

1|UNIVERSITY OF SAN JOSE RECOLETOS

PALE SUN 8:00-11:00am Fr. Dan Delos Angeles REVIEWER OF: LOUELLA VANESSA QUIJANO
5. Members of the Constitutional Commissions
6. Members of JBC Lawyers commissioned as notaries are mandated to subscribe to the sacred
7. Ombudsman and his deputies duties appertaining to their office, such duties being dictated by public policy
8. All governors, City and Municipal Mayors impressed with public interest [Mondejar v. Rubia, A.C. No. 5907 and
5942 (2006)].
LAWYER’S RIGHT TO DECLINE EMPLOYMENT
Powers
GR: A lawyer has right to decline employment A notary public can perform the following notarial acts:
EXP: 1. Acknowledgments;
a. A lawyer shall not refuse his services to the needy 2. Oaths and affirmations;
b. He shall not refuse solely on account of race, sex or status or his 3. Jurats;
own opinion of the guilt of the person 4. Signature witnessings;
c. Except for serious and efficient causes like 5. Copy certifications; and
 He is not in the position to carry out effectively or 6. Any other act authorized by the Notarial Rules [Sec. 1(a), Rule IV].
competently a. Certifying the affixing of signature by thumb or other mark on
 If he labors under a conflict of interest between him and an instrument or document presented for notarization [Sec. 1(b),
the prospective client Rule IV].

A LAWYER SHOULD DECLINE NO MATTER HOW ATTRACTIVE THE FEE IF IT b. Signing on behalf of a person who is physically unable to sign or
WILL INVOLVE (RACCAA) make a mark on an instrument or document [Sec. 1(c), Rule IV].

a. Violation of any of the Rules of the Legal Profession

b. Advocacy in any manner in which he had intervened while in Limitations
government service
c. Nullification of a contract which he prepared A notary public is bereft of power to perform any notarial act outside his
d. Employment with a collection agency which solicits business to regular place of work or business;
collect claims’
e. Employment, the nature of which may be used as means of EXCEPTION: provided, however, that on certain exceptional occasions or
advertisement situations, a notarial act may be performed at the request of the parties in
f. Any matter in which he has reason to believe that he or his the following sites located within his territorial jurisdiction:
partner will be an essential witness for the prospective client
1. Public offices, convention halls, and similar places where oaths of office
NOTARIAL PRACTICE may be administered;
2. Public function areas in hotels and similar places for the signing of
A.M. No. 02-8-13-SC is referred to as the 2004 Rules on Notarial Practice instruments or documents requiring notarization;
[hereinafter, Notarial Rules]. In 2008, it was amended by the Court 3. Hospitals and other medical institutions where a party to an instrument or
en banc via 2 resolutions: Resolution dated February 12, 2008 and Resolution document is confined for treatment; and
dated February 19, 2008. 4. Any place where a party to an instrument or document requiring
notarization is under detention [Sec. 2(a), Rule IV]
A Notary Public is one appointed by the Court whose duty is to attest to the
genuineness of any deed or writing in order to render them available as A notary public is disqualified from performing a notarial act if he:
evidence of the facts stated therein and who is authorized by statute to
administer various oaths [E.O. 292]. 1. Is a party to the instrument or document that is to be notarized;
2. Will receive, as a direct or indirect result, any commission, fee, advantage,
1. Qualifications of a Notary Public right, title, interest, cash, property, or other consideration, except as
a. Must be a Filipino citizen; provided by the Notarial Rules and by law; or
b. Must be over 21 years old; 3. Is a spouse, common-law partner, ancestor, descendant, or relative by
c. Must be a resident of the Philippines for at least 1 year; affinity or consanguinity of the principal within the fourth civil degree [Sec. 3,
d. Must maintain a regular place of work or business in the city or province Rule IV]
where commission is to be issued; ● Violation of this may disqualify a person from being a notary
e. Must be a member of the Philippine Bar in good standing, with clearances public but is insufficient ground for disbarment
from: The Office of the Bar Confidant of the Supreme Court, and the IBP; and
f. Must not have been convicted in the first instance of any crime involving A person shall not perform a notarial act:
moral turpitude [Sec. 1, Rule III].
> If the person involved as signatory to the instrument or document:
2. Term of Office of a Notary Public a. Is not in the notary's presence personally at the time of the
Sec. 11, Rule III. A person commissioned as notary public may perform notarization; and
notarial acts in any place within the territorial jurisdiction of the b. Is not personally known to the notary public or otherwise
commissioning court for a period of 2 years commencing the first day of identified by the notary public through competent evidence of
January of the year in which the commissioning is made, unless earlier identity as defined by the Notarial Rules [Sec. 2(b), Rule IV].
revoked or the notary public has resigned under these Rules and the Rules of
Court. > If the notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
Sec. 13, Rule III. A notary public may file a written application with the
Executive Judge for the renewal of his commission within 45 days before > If the signatory shows a demeanor which engenders in the mind of the
the expiration thereof. notary public reasonable doubt as to the former's knowledge of the
consequences of the transaction requiring a notarial act; and
3. Powers and Limitations
Notarization is not an empty, meaningless and routinary act. It converts a > If in the notary's judgment, the signatory is not acting of his or her own
private document into a public instrument, making it admissible free will [Sec. 4, Rule IV]
as evidence without the necessity of preliminary proof of its authenticity and
due execution [Sicat v. Ariola, A.C. No. 5864
(2005)]. A notary public shall not:

2|UNIVERSITY OF SAN JOSE RECOLETOS

PALE SUN 8:00-11:00am Fr. Dan Delos Angeles REVIEWER OF: LOUELLA VANESSA QUIJANO

1. Execute a certificate containing information known or believed by the

notary to be false;
2. Affix an official signature or seal on a notarial certificate that is incomplete
[Sec. 5, Rule IV];
3. Notarize a blank or incomplete instrument or document; or
4. Notarize an instrument or document without appropriate notarial
certification [Sec. 6, Rule IV].

3|UNIVERSITY OF SAN JOSE RECOLETOS