I.

Legal Ethics
A. Practice of Law
1. Basic Concepts

a) Definition of the Practice of Law

The practice of law means any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience (Cayetano v. Monsod; most recently reiterated in Arienda v. Monilla, A.M. No. P-
11-2980, 2013) and calls for legal knowledge, training, and experience for which a member of the bar has been prepared.
(Philippine Lawyer’s Association v. Celedonio Agrava, G.R. No. L-12426, February 16, 1959)

b) Practice of Law as a Privilege, Not a Right

The practice of law is not a matter of right but merely a privilege bestowed upon individuals who are not only
learned in the law but who are also known to possess good moral character. (Agpalo, Legal and Judicial Ethics, p.
41, 2009) It can be withdrawn upon non-compliance.

c) Law as a Profession, Not a Business or Trade

It is a profession, not business; it is an essential part in the administration of justice, a profession in pursuit of
which pecuniary reward is considered as merely incidental. It is not a moneymaking venture. (Jayme v. Bualan, G.R.
No. 37386, September 19, 1933)

What are the primary characteristics which distinguish the legal profession from a business?

1. Duty of service, of which the emolument is a by-product;

2. A relation as an 'Officer of court' to the administration of justice involving thorough sincerity, integrity and reliability;

3. A relation to clients in the Highest degree of fiduciary;

4. A Relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business
methods of advertising and encroachment on their practice or dealing with their clients. (Agpalo, Legal and Judicial Ethics,
p. 13, 2009)

2. Qualifications for Admission to the Bar (Bar Matter No. 1153)

Requisites for the practice of law

1. Admission to the Bar

2. Good and Regular Standing

Qualifications for the admission to the bar

Generally, every applicant for admission to the practice of law must be (F21-Good-Resident)
1. Filipino citizen;
2. At least 21 years of age;
3. Of Good moral character; and,
4. A Resident of the Philippines (Id. at Sec. 2)

He must also show that:

1. No charges of Moral turpitude are filed or pending against him (Id.)

2. Possesses the required Educational qualifications (including a 4-year pre-law degree in an authorized or
recognized university or college) (Id., at Secs. 5 & 6)
 3. Must have already earned a Bachelor's Degree in Arts or Sciences (pre-law);
4. Law course - completed courses in Civil Law, Commercial Law, Remedial Law, Criminal Law, Public International
Law, Political Law, Labor and Social Legislation, Medical Jurisprudence, Taxation, Legal Ethics;
5. Pass the Bar examinations (Id., at Secs. 14 & 17);
6. Taken an Oath before the Supreme Court;
7. Signed and registered in the Roll of Attorneys; and,
8. Other qualifications as may be prescribed by the Supreme Court.

3. Continuing Requirements for Membership in the Bar

a. Good Moral Character

The court has defined good moral character as “something more than an absence of bad character. It is the good
name, which, the applicant has acquired, or should have acquired, through association with his fellows. It means that he
must have conducted himself as a man of upright character ordinarily would, or should, or does. Such character
expresses itself in the will to do the unpleasant thing if it is right, and the resolve not to do the pleasant thing if it is wrong.
(In Re: Al C. Argosino, citing 131 S.E. 661, 1926)

b. Citizenship requirement

General Rule: The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases
prescribed by law. (PHIL. CONST. art. XII, Sec.14, par.2)

Being a Filipino citizen is a "continuing requirement" for law practice in the Philippines, and the loss of it automatically
means the termination of that privilege. (Petition to Resume Practice of Law of Dacanay, B.M. 1678, December 1, 2007)

Exception: Re-acquisition of the privilege to practice law in the Philippines under R.A. No. 9225 or the Citizenship
Retention and Reacquisition Act of 2003.

A Filipino lawyer who became a citizen of another country and later reacquired Filipino citizenship under R.A. No. 9225
remains a member of the Philippine Bar

What are the continuing requirements for membership in the bar?

1. Citizenship;
2. Good Moral Character;
3. Payment of professional Tax;
4. Membership in the IBP;
5. Payment of IBP dues;
6. Good and regular standing;
7. Compliance with the MCLE

4. Appearance of Non-lawyers

General Rule: Non-lawyers cannot practice law.

Exceptions: Non-lawyers may appear in certain cases:

a) Law Student Practice Rule (Rule 138-A, as amended by A.M. No. 19-03-24-SC)

Clinical Legal Education Program

A law student practitioner who is enrolled in his/her law school’s Clinical Legal Education Program and has obtained Level
2 Certification may, subject to the supervision and approval of a supervising lawyer, appear on behalf of marginalized
clients before any court, quasi- judicial or administrative body. (Rule 138-A, Sec. 4, ROC, as revised)
Must be under the direct supervision & control of an IBP member
The student shall be under the direct supervision and control of an IBP member who is duly accredited as a supervising
lawyer by the law school.

Rule on who signs the documents

All papers to be filed must be signed by the supervising attorney for and in behalf of the school’s Clinical Legal Education
Program. (Rule 138-A, Sec. 11 (e), ROC, as revised)

Personal conduct of law student

The law student practitioner must comply with the standards of professional conduct governing members of the Bar.
Violations of the Code of Professional Responsibility shall subject the supervising lawyer, Clinical Legal Education
Program Head, and/or the law school dean to disciplinary action, as the circumstances may warrant. (Rule 138-A, Sec. 13
(b), ROC, as revised)

Applicability of rule on privileged communications

The rule on privileged communications applies to communications made to or received by the law student practitioner. (cf.
Rule 138-A, Sec. 9 (d), ROC, as revised)

b) Non-lawyers in Courts and/or Administrative Tribunals

1. Right to self-representation: In cases before the MTC, a non-lawyer may represent himself as a party to the
litigation in person. A fourth year law student may seek to enter his appearance for and on his own behalf as
plaintiff in a civil case NOT because of Rule 138-A but because of Sec. 34 of Rule 138. (Cruz v. Mijares, G.R. No.
154464, September 11, 2008)
2. Rule 138, Sec. 34 also allows a non- lawyer to represent his friend before the MTC.
3. In criminal cases before the MTC in a locality where a duly licensed member of the Bar is not available, the
judge may appoint a non-lawyer who is (1) a resident of the province (2) of good repute for probity and ability to
aid the accused in his defense. (Sec. 7, Rule 116, ROC)
4. They may also appear before the Cadastral Court. (Sec. 9, Cadastral Act, Act No. 2259)
5. A non-lawyer may represent a party before the Department of Agrarian Reform Adjudication Board
(DARAB). (Rule VIII, Sec. 1, 2009 DARAB Rules of Procedure)
6. Non-lawyers before the NLRC or LA Non-lawyers may also appear before the NLRC or any Labor Arbiter if (1)
they represent themselves, (2) they represent their organization or members thereof or (3) they are duly
accredited members of any legal aid office duly recognized by the DOJ or the IBP in cases referred to the
latter. (Art. 222, Labor Code, P.D. 442, as amended)
7. Procedure when non-lawyers represent a party before the HLURB
Non-lawyers may also appear before the HLURB. A non-lawyer who represents a party shall attach to the
pleading a special power of attorney authorizing such person to file the case and an affidavit duly executed by the
party represented stating the reasons why such person was authorized. (Sec. 11(b), Rule 3, 2011 Revised Rules
of Procedure of the HLURB, Res. No. 871)

c) Proceedings Where Lawyers are Prohibited to Appear as Counsels

1. Small claims (The Rule of Procedure for Small Claims Cases, A.M. 08-8-7-SC) except when the lawyer
himself is the plaintiff or defendant, but under no circumstances can he appear as a representative or attorney-
in-fact of the party;
2. Katarungang Pambarangay proceedings;
3. Lawyers who are members of Congress are prohibited from appearing before any court of justice, before the
Electoral Tribunals, and quasi-judicial and other administrative bodies (PHIL. CONST. art. VI, Sec. 14);
4. Proceedings which involve a conflict of interest for the lawyer. (Mejia v. Reyes, A.C. No. 378, March 30,
1962)

5. Prohibited Practice of Non-lawyers and Appearance Without Authority

1. Non-lawyers (not falling under any of the exceptions) appearing in courts;

 2. Government lawyers who engage in the practice of law during their service in government when they are
expressly prohibited from doing so;
3. Government lawyers who are not expressly prohibited from practicing law but who fail to secure the necessary
permission from their head of agency;
4. Lawyers who engage in the practice while suspended or disbarred.

6. Public Officials and the Practice of Law

a) Prohibitions and Disqualifications of Former Government Attorneys

b) Public Officials Who Cannot Practice Law or Can Practice

Law With Restrictions

GOVERNMEN RESTRICTIONS/ LEGAL BASIS

T OFFICIAL PROHIBITIONS
CABINET 1.President
2.Vice-
president ABSOLUTELY President, Vice-President, Members of the cabinet, their Deputies
3. Members of PROHIIBITED or Assistants shall not hold any other office or employment during
the Cabinet FROM their tenure. They should also not
4. Deputies, PRACTICING
assistants of LAW
the President, practice any other profession, participate in any business, or be
NOT allowed to financially interested in any contract with the Government. (PHIL.
Vice-President, engage in the
and Members CONST. art. VII, Sec. 13
private practice
of the Cabinet of law in the
Philippine

CONSTITUTIONAL 1.Members and No member of a Constitutional Commission shall, during his tenure,
OFFICES Chairman of the hold any other office or employment. Neither shall he engage in the
Constitutional ABSOLUTEL practice of any profession, in the active management or control of
Commissions; PROHIIBITED any business, nor shall be financially interested in any Government
FROM contract. (PHIL. CONST. art. IX-A, Sec. 2)
2.Ombudsman PRACTICING
and Deputy LAW During their tenure, they shall be subject to the same
Ombudsman NOT allowed to disqualifications and prohibitions (of the Members and Chairman of
engage in the the Constitutional Commissions) as provided for in Sec. 2 of Article
private practice IX-A of the Constitution. (PHIL. CONST. art. XI, Sec. 8)
of law in the
Philippine

CONGRESS 1.Members of Allowed to No Senator or member of the House of Representative may

the HOR engage in the personally appear as counsel before any court of justice as before
2. Senator private practice the Electoral Tribunals, as well as quasi-judicial and other
of law, subject to administrative bodies (PHIL. CONST. art. VI, Sec. 14)
certain
restrictions However, they are allowed to engage in other aspects of the law
practice such as giving of legal advice to clients, negotiating
contracts on behalf of clients which necessitates legal
knowledge and similar others.
LGU 1.Governors ABSOLUTEL Y All governors, city and municipal mayors are prohibited from
2. City and PROHIIBITED practicing their profession or engaging in any occupation other than
municipal FROM the exercise of their functions as local chief executives. (Sec. 90(a),
mayors PRACTICING Local Government Code)
LAW
NOT allowed to
engage in the
private practice
of law in the
Philippines

1.Sangguniang Allowed to Sanggunian members may practice their professions provided that
members engage in the if they are members of the Bar, they shall not
private practice
of law, subject to 1. Appear as counsel before any court in any civil case
certain wherein a local government unit or any office, agency, or
restrictions instrumentality of the government is the adverse party;
2. Appear as counsel in any criminal case wherein an officer
or employee of the national or local government is
accused of an offense committed in relation to his office;
3. Collect any fee for their appearance in administrative
proceedings involving the local government unit of
which he is an official; or
4. Use property and personnel of the government
EXCEPT when the Sanggunian member concerned is
defending the interest of the government. (Sec. 91,
Local Government Code)

JUDICIARY 1.Judges and ABSOLUTEL Y No judge or other official or employee of the superior courts or of
court PROHIIBITED the Office of the Solicitor General, shall engage in private practice
employees of FROM as a member of the bar or give professional advice to clients. (Rule
the Superior PRACTICING 138, Sec. 35, ROC)
Court; LAW
2. Of lower NOT allowed to Judges shall not practice law whilst the holder of judicial office.
courts engage in the (Canon 4, Sec. 11, New Code of Judicial Conduct)
private practice
of law in the udges shall not practice law whilst the holder of judicial office.
Philippines (Canon 4, Sec. 11, New Code of Judicial Conduc

1.Retired Allowed to A retired justice or judge receiving pension from the government
Justice/Judge engage in the cannot act as counsel in any civil case in which the
private practice Government, or any of its subdivision or agencies, is the
of law, subject to adverse party or in a criminal case wherein an officer or
certain employee of the Government is accused of an offense in
restrictions relation to his office. (Sec. 1, RA 910, as amended)

OSG 1. Solicitors and ABSOLUTEL Y No judge or other official or employee of the superior courts or of
trial lawyers of PROHIBITED the Office of the Solicitor General, shall engage in private practice
the Office of the FROM as a member of the bar or give professional advice to clients. (Rule
Solicitor- PRACTICING 138, Sec. 35, ROC)
General
NOT allowed to
engage in the
private practice
of law in the
 Philippines

DOJ 1. Government ABSOLUTEL Y Government prosecutors are prohibited to engage in the private
prosecutors PROHIBITED practice of law. (People v. Villanueva, G.R. No. L- 19450, May 27,
under the DOJ FROM 1965 & Lim-Santiago v. Sagucio, A.C. No. 6705, March 31, 2006)
PRACTICING

NOT allowed to
engage in the
private practice
of law in the
Philippines

PAO 1.PAO lawyers Generally Public Attorneys are strictly prohibited from engaging in private law
prohibited from practice except in cases involving immediate members of their
practicing law, family, in which case a written authorization of the Chief Public
with a single Attorney must first be obtained. (PAO Code of Conduct, PAO
exception Memorandum Circular No. 007, series of 2010)

OTHER CSC 1.CSC Allowed to

EMPLOYEES Employees engage in the
private practice Civil service officers or employees are duty-bound to place their
of law, subject to entire time at the disposal of the government. (Catu v. Rellosa, AC
certain No. 5738, February 19, 2008)
restrictions
Civil officers or employees need to secure a written permit from
the head of the department concerned, unless such official is
expressly prohibited from practicing law. (Zeta v. Malinao, AM
No. P220, December 20, 1978)

But if such official is authorized by the department head, he may, in

an isolated case, represent a relative or a close family friend.
(Noriega v. Sison, AM No. 2266, October 27, 1983)

RESTRICTIONS/ PROHIBITIONS

7. Lawyers Authorized to Represent the Government

General Rule: It is the Office of the Solicitor General (Sol. Gen.) that represents the government in cases involving or
affecting it. For cases involving government-owned or controlled corporations (GOCCs), it is generally the Office of the
Government Corporate Counsel (OGCC) that appears.

Exceptions:

1. Municipal Legal Officer — However, the OSG cannot be directed to file a pleading on behalf of a Municipality.
Based on Sec. 481(b)(3)(i) of the Local Government Code, it is the municipal legal officer, or in the absence of
one, the provincial attorney, who must represent a municipality in court cases. Being a special law on the issue of
representation in court that is exclusively made applicable to LGUs, the LGC must prevail over the provisions of
the Administrative Code defining the duties and responsibilities of the OSG. (OSG v. CA, G.R. No. 199027, June
9, 2014)
2. Deputized Agent — The Sol. Gen. may deputize other government officials in the prosecution of its cases. In such
cases, notice to the deputized agent will not bind the Sol. Gen. until notice is actually received by the Sol. Gen.
 But when a government agency which the Sol. Gen. is tasked to represent appears through its internal counsel,
then notice to such internal counsel is deemed notice to the Solicitor General. (Commissioner of Customs v. CA,
G.R. No. 132929, March 27, 2000)
3. Private Lawyer hired by GOCC — A GOCC may also engage the services of a private lawyer, provided that the
following indispensable conditions are met: (a) private counsel can only be hired in exceptional cases; (b) the
GOCC must first secure the written conformity and acquiescence of the Sol. Gen. or the OGCC, as the case may
be; and (c) the written concurrence of the COA must also be secured. (Vargas, et al. v. Ignes, A.C. No. 8096, July
5, 2010)

8. The Lawyer’s Oath

“I, __________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines;
I will support its constitution and obey the laws as well as the legal orders of the duly constituted authorities therein;

I will do no falsehood, nor consent to the doing of any in court;

I will not willingly nor wittingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same;

I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the court as to my clients

and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me
God

B. Duties and Responsibilities of a Lawyer Under the Code of Professional

Responsibility
1. To Society (Canons 1-6)
2. To the Legal Profession (Canons 7-9)
3. To the Courts (Canons 10-13)
4. To the Clients (Canons 14-22)

C. Suspension, Disbarment, and Discipline of Lawyers

1. Nature and Characteristics of Disciplinary Actions against Lawyers-

A. Sui generis

Administrative cases are distinct from and proceed independently from civil and criminal cases.

In an administrative case for disbarment or suspension, clear preponderance of evidence is all that is required. Hence,
criminal prosecution will not constitute as a prejudicial question even if the same facts and circumstances are attendant in
the administrative proceedings. (Gatchalian Promotions Talent Pool, Inc. v. Naldoza, A.C. No. 4017, September 29, 1999)

A proceeding for suspension or disbarment is not a civil action (as it involves no private interest) nor a criminal
prosecution. A disciplinary action is in reality an investigation by the court into the misconduct of its officer or an
examination into his character (In re Almacen, supra). It is merely a test of fitness.

Self-imposed suspension

Only the Supreme Court has the power to impose penalties for unethical conduct against erring lawyers . The wordings of
the Resolution show that the Court merely noted IBP’s findings and recommended penalty. The IBP findings and the
stated penalty thereon are merely recommendatory, and such cannot attain finality until adopted by the Supreme Court as
its own. Thus, self-imposed compliance with IBP's recommended penalty is premature. (Dagohoy v. San Juan, A.C. No.
7944, June 3, 2013)

b. Imprescriptible
The filing of a disciplinary action does not prescribe despite the number of years lapsed. (Frias v. Bautista-Lozada,
A.C. No. 6656, May 4, 2006)

2. Grounds

1. In General (M.U.)
1. Misconduct or malpractice
2. Unprofessional conduct
2. Breach of Duties to the Court
1. Obstructing justice and abuse of legal process
2. Misleading the court
3. Forum Shopping
4. Proffering false charges
5. Introducing false evidence
6. Blackmail
7. Willfully disobeying the court orders and disrespect to the court
8. Using vicious or disrespectful language
9. Continuing to practice after suspension
3. Breach of Duties to the Client
1. Negligence in the performance of duties
2. Employment of lawful means
3. Deceit or misrepresentation
4. Representing adverse interests and revealing client’s secrets
5. Purchasing client’s property in litigation
6. Failing to account for or misappropriating client’s property
7. Collecting unreasonable fees
8. Acting without authority
9. Willfully appearing without being retained
4. Breaches of Duties to the Bar

1. Unethical conduct
2. Defaming fellow lawyer
3. Communicating with adverse party
4. Soliciting business
5. Cooperating in illegal practice of law

5. Other Grounds for Discipline

1. Nonprofessional misconduct
2. Gross immorality
3. Conviction of crime involving moral turpitude
4. Misconduct in the discharge of duties as a public officer
5. Misconduct as notary public
6. Nonpayment of IBP dues

3. Proceedings (Rule 139-B of the Rules of Court, as amended)

Generally:

1. Institution either by:

1. The Supreme Court, motu proprio;
2. The IBP, motu proprio; OR
3. Upon verified complaint by any person filed with the Supreme Court or the IBP.
2. If instituted by the Supreme Court motu proprio or via verified complaint directly filed with it, it may
assign the investigation to the Office of the Bar Confidant, any officer of the Supreme Court, or a judge of
a lower court. The review of the report of investigation shall be conducted directly by the Supreme Court. The
Supreme Court may also refer the investigation to the IBP.
 3. If filed against incumbent Justices of the CA, Sandiganbayan, CTA, and judges of lower courts or against
lawyers in government service, whether charged singly or jointly with others, the complaint must be directly
forwarded to the Supreme Court.
4. If instituted upon verified complaint with the IBP or the investigation has been referred to the IBP, the
records shall be referred to the Commission on Bar Discipline (previously known as National Grievance)
investigators.
a) Board of Governors decides within 30 days
b) Investigation by the Solicitor- General
i. Six copies of the verified complaint shall be filed with the Secretary of the IBP or Secretary of any of its chapter
and shall be forwarded to the IBP Board of Governors.
ii. SC renders final decision for disbarment/suspension/ dismissal.

D. Notarial Practice (A.M. No. 02-8-13-SC, as amended)

The importance and effects of notarization

Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that
only those who are qualified or authorized may act as notaries public. Notarization converts a private document
into a public document; thus, making that document admissible in evidence without further proof of its
authenticity. A notarial document is by law entitled to full faith and credit upon its face. Courts, administrative
agencies and the public at large must be able to rely upon the acknowledgment executed by a notary public and
appended to a private instrument. (Linco v. Lacebal, A.C. No. 7241, 2011)

1. Qualifications of a Notary Public

1. Filipino citizen
2. Over twenty-one (21) years of age
3. A member of the Philippine Bar in Good standing with clearances from the Office of the Bar Confidant of the
Supreme Court and the Integrated Bar of the Philippines
4. Must not have been convicted in the first instance of any crime involving moral turpitude
5. A resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the
city or province where the commission is to be issued. (Rule III, Sec. 1, 2004 Rules on Notarial Practice (hereinafter
2004 Notarial Rules))

2. Term of Office of a Notary Public

Term of office: A notary public may perform notarial acts for a period of 2 years commencing the first day of January
of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under
these Rules and the Rules of Court. (Rule III, Sec. 11, 2004 Notarial Rules)

3. Powers and Limitations

A notary public has the power to perform the following notarial acts: (A-JOSCO)

1. Acknowledgments;
2. Jurats;
3. Oaths and affirmations;
4. Signature witnessings
5. Copy certifications; and
6. Any Other act authorized by the 2004 Notarial Rules. (Rule IV, Sec. 1, 2004 Notarial Rules

Prohibitions

A notary public shall not perform a notarial act if the person involved as signatory to the instrument or document is:
1. Not in the notary’s presence personally at the time of the notarization; and
2. Not personally known to the notary public or otherwise identified by the notary public through competent
evidence of identity as defined by the Rules. (Rule IV, Sec. 2(b), 2004 Notarial Rules)

Disqualifications
A notary public is disqualified from performing a notarial act if he:
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, right, title, interest, cash, property,
or other consideration, except as provided by the 2004 Notarial Rules and by law; or
3. Is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal
within the fourth civil degree. (Rule IV, Sec. 3, 2004 Notarial Rules)

4. Notarial Register

The permanently bound book with numbered pages containing a chronological record of notarial acts performed
by a notary public. (Rule II, Sec. 5, 2004 Notarial Rules)

Required entries in a Notarial Register:

1. Entry number and page number;

2. Date and time of day of the notarial act;
3. Type of notarial act;
4. Title or description of the instrument, document or proceeding;
5. Name and address of each principal;
6. Competent evidence of identity as defined by these Rules if the signatory is not personally known to the
notary;
7. Name and address of each credible witness swearing to or affirming the person's identity;
8. Fee charged for the notarial act;
9. Address where the notarization was performed if not in the notary's regular place of work or business;
and
10. Any other circumstance the notary public may deem of significance or of relevance. (Rule VI, Sec. 2(a),
2004 Notarial Rules)

A notarial register is prima facie evidence of the facts there stated. It has the presumption of regularity and to
contradict the veracity of the entry, evidence must be clear, convincing, and more than merely preponderant .
(Bote vs. Judge Eduardo, MTJ-04-1524, February 11, 2005)

5. Jurisdiction of Notary Public and Place of Notarization

A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the
commissioning court. (Rule III, Sec. 11, 2004 Notarial Rules)

Generally, a notary public may perform notarial acts in his regular place of work or business, which must be within the
territorial jurisdiction of the commissioning court. However, a notary public may perform a notarial act o utside his place
of work or business in any of the following sites located within his territorial jurisdiction:

1. Public offices, convention halls and similar places where oaths of office may be administered;
2. Public function areas in hotels and similar places for the signing of instruments or documents requiring
notarization;
3. Hospitals and other medical institutions where a party to an instrument or document is confined for
treatment; and,
4. Any place where a party to an instrument or document requiring notarization is under detention. (Nasayao
v. Unay, A.C. No. 9504, June 5, 2013)

6. Competent Evidence of Identity

Competent evidence of identity refers to the identification of an individual based on:

1. At least one current identification document issued by an official agency bearing the photograph and
signature of the individual, such as but not limited to, passport, driver's license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter's ID, Barangay
certification, Government Service and Insurance System (GSIS) e-card, Social Security System (SSS) card,
Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seaman's
 book, alien certificate of registration/immigrant certificate of registration, government office ID, certification from
the National Council for the Welfare of Disable Persons (NCWDP), Department of Social Welfare and
Development; or

2. The oath or affirmation of one credible witness not privy to the instrument, document or transaction who is
personally known to the notary public and who personally knows the individual; or,

3. The oath or affirmation of two credible witnesses neither of whom is privy to the instrument, document or
transaction who each personally knows the individual and shows to the notary public documentary
identification

7. Sanctions

Violations of the 2004 Notarial Rules may also constitute violations of the Code of Professional Responsibility and the
Lawyer’s Oath.

II. Judicial Ethics

A. Sources

1. New Code of Judicial Conduct of the Philippine Judiciary (NCJC)

2. Code of Judicial Conduct (CJC)
3. Canons of Judicial Ethics (CJE)

B. Qualities
1. Independence

Canon 1- Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A
judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects.

Section 5: Judges shall not only be free from inappropriate connections with, and influence by, the executive and
legislative branches of government, but must also appear to be free therefrom to a reasonable observer.

Section 1: Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in
accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat
or interference, direct or indirect, from any quarter or for any reason.

INDEPENDENCE is a pre-requisite to the rule of law, and a fundamental guarantee of a fair trial. A judge shall therefore
uphold and exemplify judicial independence in both its individual and institutional aspects.

Means freedom from the influence, guidance or control from others. Applied to judicial ethics, it is referred to as
“JUDICIAL INDEPENDENCE,” and the freedom of courts from extraneous influences or control.

Two Prongs of Judicial Independence

1. Individual independence: The judge must be free from the influences of other persons like members of the family and
friends.
2. Institutional independence: No other branch of the government or agencies thereof can dictate upon the judiciary in
the performance of its judicial duties.

Judge’s family

1. Judge’s spouse, son, daughter, son-in- law, daughter-in-law, and

2. Any other relative by consanguinity or affinity within the 6th civil degree, or
3. Person who is a companion or employee of the judge and who lives in the judge’s household.
Libarios vs. Dabalos- unjustified haste in fixing a bail without hearing. ACCORDINGLY, respondent judge is hereby
imposed a FINE of TWENTY THOUSAND PESOS (P20,000.00) and WARNED to exercise more care and diligence in the
performance of his duties as a judge, and that the same or similar offense in the future will be dealt with more severally.

Tan vs. Rosete- respondent judge allegedly sent a member of his staff to talk to Tan. They met at Sangkalan Restaurant,
Quezon City, and the staff member told her that respondent was asking for ₱150,000 in exchange for the non-dismissal of
the cases. He is SUSPENDED from office without salary and other benefits for 4 MONTHS

Ramirez vs. Corpus-Macandog- he was ordered by someone in a phone call to dismiss a case among others- Judge
Antonia Corpuz-Macandog is hereby ordered dismissed from the service, with forfeiture of all retirement benefits and pay,

2. Integrity- Integrity is essential not only to the proper discharge of the judicial office, but also to the personal demeanor
of judges.

Section 1: Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view
of a reasonable observer.

In re Complaint of Mrs. Rotilla Marcos Against Judge F. Marcos- had a mistress, pinakilala sa Chief Justice; DISMISSED
from the service, with prejudice to his reinstatement or appointment to any public office including government owned or
controlled corporations, and forfeiture of his retirement benefits, if he is entitled to any.

Dela Cruz vs. Bersamira-

Re Letter of Pres. Justice Conrado M. Vasquez, Jr. on CA- Justice Sabio Jr.'s action of discussing the Meralco case with
De Borja was highly inappropriate and indiscreet. First, in talks with his brother; the second time in conversation with De
Borja, Justice Sabio, Jr. broke the shield of confidentiality that covers the disposition of cases in the Court in order to
preserve and protect the integrity and independence of the Court itself; SUSPENDED for two (2) months without pay, with
a stern warning that a repetition of the same or similar acts will warrant a more severe penalty

In re Undated Letter of Mr. Luis C. Biraogo- Biraogo presented a photocopy of the draft made by Justice Reyes. After
investigation, the Supreme Court found that it was Justice Reyes himself who caused the leakage. The peculiar features
of the draft copy that he has is the same as the features seen in the photocopy presented by Biraogo to the media.
Justice Reyes was found guilty of Grave Misconduct and was fined Php500k. He was also directed to explain why
he should not be disbarred.

Allegations made under oath at the Senate Blue Ribbon Committee Hearing held on 26 September 2013 against
Associate Justice Gregory Ong- went twice in the office of Napoles- dismissed from service; given judicial clemency

3. Impartiality Canon 3 - Impartiality is essential to the proper discharge of the judicial office. It applies not only to the
decision itself but also to the process by which the decision is made.

Sec. 1. Judges shall perform their judicial duties without favor, bias or prejudice.

Cold neutrality of a judge

A litigant is entitled to nothing less than the cold neutrality of a judge. Due process requires it. (Parayno v. Meneses, April
26, 1994)

Judge must be free from inclinations or prejudices

The underlying reason for the rules on disqualification is to ensure that a judge, sitting in a case, will at all times be free
from inclinations or prejudices and be well capable to render a just and independent judgment.

Bare allegations of partiality are not enough

Bare allegations of partiality and prejudgment will not suffice (Dimo Realty & Dev. Inc. v. Dimaculangan, March 11, 2004).
A judge's conduct must be clearly indicative of arbitrariness and prejudice before it can be stigmatized as biased and
partial. (Cruz v. Iturralde, April 30, 2003)

4. Propriety

Canon 4 - Propriety and the appearance of propriety are essential to the performance of all the activities of a judge.

Propriety

Propriety is the conformity to prevailing customs and usage

Sec. 1. Judges shall avoid impropriety and the appearance of impropriety in all of their activities.

Judge should be free from any appearance of impropriety both in his public and private life A judge’s official
conduct should be free from any appearance of impropriety; and his personal behavior, not only in the bench and in the
performance of his duties, but also in his everyday life, should be beyond reproach. (Office of the Court Administrator v.
Duque, A.M. P-05-1958, February 7, 2005)

5. Equality

Canon 5 - Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial office.

6. Competence and Diligence

Canon 6 - Competence and diligence are prerequisites to the due performance of judicial office.

Intelligence

Possession of sufficient learning, ability and skill in a particular discipline enhanced by actual and sufficient experience in
the field.

A judge must be the embodiment of competence, integrity and independence, and be studiously careful to avoid the
slightest infraction of the law, lest it be a demoralizing example to others. (OCA v. Gines, A.M. No. RTJ-92-802, July 5,
1993)

C. Disqualification of Judicial Officers

1. Compulsory

Instances
Under the Rules of Court, Rule 137, Sec. 1, no judge or judicial officer shall sit in any case, without the written consent of
all parties in interest and entered upon the record, in which: (P6CEP)

1. The judge, judicial officer or his wife or child is Pecuniarily interested in as heir, creditor or otherwise.

2. The judge or judicial officer is related to either party within the sixth (6th) degree of consanguinity or affinity.

3. The judge or judicial officer is related to Counsel within the fourth degree of consanguinity or affinity.

4. The judge or judicial officer has previously participated as the Executor, administrator, guardian, trustee or counsel to
ruling or decision subject of review.
5. The judge or judicial officer Previously participated by presiding over the case in any inferior court over the ruling or
decision subject of review.

2. Voluntary

Second paragraph of Rule 137

A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other
than those mentioned above.

No express grounds for when a judge may disqualify him/herself

There are no expressly enumerated grounds for voluntary inhibition and such is left to the sound discretion of the judge.
(Rodolfo E. Parayno, et. al. v. Hon. Iluminado Meneses, et al, G.R. No. 112684, April 26, 1994)

“Just and valid reasons” as grounds for inhibition

The basis for voluntary inhibition should be based on just and valid reasons (Rodolfo E. Parayno, et. al. v. Hon. Iluminado
Meneses, et.al., supra) ascertained by the judge after a “rational and logical assessment of the circumstances prevailing
in the case.” (Antonia Gutang, et al., v. Court of Appeals, et al., G.R. No. 124760, July 8, 1998)

D. Discipline and Administrative Jurisdiction Over Members of the

Judiciary

1. Supreme Court

Administrative jurisdiction of the Supreme Court

The Supreme Court has the mandate to oversee that all judges and justices of the judiciary comply with the law and the
Rules of Court. (PHIL. CONST. art. VIII, Sec. 6) All complaints against such judges or justices are lodged with the
Supreme Court. (Maceda v. Vasquez, G.R. No. 102781, 1993)

a) Impeachment

I. MEMBERS OF THE SUPREME COURT

How can members of the Supreme Court be disciplined?

By impeachment (PHIL. CONST. art. XI, Sec. 2), and by quo warranto (Republic v. Sereno, supra)

Members of the Supreme Court may be removed from office through the process of impeachment. (PHIL. CONST. art. XI,
Sec. 3)

Impeachment procedure

Based on Sec. 3, Article VI, Constitution, the steps leading to impeachment are as follows:

1. A verified complaint for impeachment is filed by a member of the House or endorsed by him;
2. The complaint is included in the order of business of the House;
3. The House refers the complaint to the proper committee;
4. The committee holds a hearing, approves the resolution calling for impeachment, and submits the same
to the House;
5. The House considers the resolution and votes to approve it by at least one-third of all its members, which
resolution becomes the article of impeachment to be filed with the Senate when approved; and
6. The Senate tries the public official under the article. (Abad, J., Separate Concurring Opinion, Gutierrez v.
HOR Committee on Justice, G.R. No. 193459, February 15, 2011)

2. Lower Court Judges and Justices

Judicial Integrity Board

The JIB is composed of a chairperson, vice- chairperson, and 3 regular members, to be appointed by the Supreme Court
en banc for a term of 3 years, without reappointment.

The JIB has the power and authority to receive administrative complaints or disciplinary actions against any of the
following:
1. Presiding or Associate Justices of the Court of Appeals;
2. Presiding or Associate Justices of the Sandiganbayan;
3. Presiding or Associate Justices of the Court of Tax Appeals;
4. Presiding or Associate Justices of the Shari’ah High Court;
5. Officials and employees of the Office of the Jurisconsult;
6. First and second level court judges;
7. Shari’ah District Court or Shari’ah Circuit Court judges;
8. Officers and employees of the judiciary;
9. Court Administrator, Deputy Court
Administrators, Assistant Court Administrators or personnel of the Office of the Court Administrator.

a) Sanctions Imposed by the Supreme Court on Erring

Members of the Judiciary

III. Practical Exercises

A. Demand Letter

April 21, 2021

Mr. Cardio Dalisay
101 CityScape Tower, Mandaluyong City

Re: [SUBJECT] Dear Mr. Dalisay,

[Letterhead]

We are writing on behalf of our client, Mrs. Alicia Florrick (“Mrs. Florrick”), in the matter of [SUBJECT].

Mrs. Florrick has informed us that: [insert summary of basic facts supporting your client’s demand/cause of action].

We wish to inform you that your acts constitute clear violations of [insert applicable laws or regulations violated by the
addressee which give rise to a cause of action in your client’s favor].

Accordingly, if Mrs. Florrick does not receive full payment of the sum of P15,000,000.00 within 15 days from your receipt
of this letter, we will be constrained to file all the appropriate civil and criminal actions against you in connection with the
foregoing facts.

We trust that you will give this demand your most urgent attention.

Yours,
Atty. Mike Ross

B. Deed of Sale of Real Property and Deed of Sale of Personal Property

REPUBLIC OF THE PHILIPPINES ) City of _________

) S.S.

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:
This Deed of Absolute Sale (“Deed”) is entered into this [day] of [Month] [Year] at [Place], between:

(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 CORPORATION), a corporation organized and existing under the laws of the Republic of the Philippines, with
business address at (Address of Buyer), duly represented herein by its Position of Authorized Representative), (Name of
Authorized Representative), and hereinafter referred to as the “BUYER”
(the Seller and the Buyer are hereinafter collectively referred to as the “Parties”)

WITNESSETH: That –

WHEREAS:

1. SEELLER is the registered owner in fee simple of a parcel of land with improvements covered by [Transfer or

Original Certificate] Title No. [XX], issued by the Register of Deeds of [City/Municipality] (the “Property”);

and

2. BUYER intends to buy the Property.

NOW, WHEREFORE, premises considered, the Parties hereby agree as follows:

1. SELLER shall SELL, TRANSFER, and CONVEY absolutely and unconditionally to BUYER the Property or

certain parcel(s) of land, together with the buildings and improvements thereon situated in the City of Makati, and
more particularly described as follows:
[Technical Description of property; specify metes and bounds of the property with approximate area thereof, as
indicated on the face of the title]

2. BUYER shall pay for the Property the amount of [AMOUNT IN WORDS] PESOS (PhP XXX.00).

IN WITNESS WHEREOF, the parties have signed this contract on this __ th day of [Month] [Year] at [Place of Signing]

By: By:

[NAME OF SELLER] [NAME OF BUYER]

Note: If the Buyer and/or Seller is married, marital consent must be secured; thus, the Deed must also indicate this.
Hence, add the following:

With my consent:

NAME OF SPOUSE OF BUYER/SELLER

Seller(Buyer)’s Wife/Husband

SIGNED IN THE PRSENCE OF

[WITNESS 1 NAME] [WITNESS 2 NAME]

[INSERT ACKNOWLEDGMENT]
C. Contract of Lease

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Agreement is made and entered into at the City of Makati, this __th day of [MONTH], [YEAR], by and between:

GANDARA PARK, of legal age, married to CARDIO DALISAY (LESSOR), and resident of Makati City, and
CHAROT SANTOS, of legal age, single and resident of Quezon City (LESSEE)

WITNESSETH that:

1. In consideration of a monthly rental of [AMOUNT IN WORDS] PESOS (PhP XXX.00) and the covenants
made
2. the LESSOR hereby LEASES to the LESSEE an apartment located at [ADDRESS] covered by Tax
Declaration No. [XXX] for a period of TWELVE (12) MONTHS from signing of this contract.
The LESSEE covenants, as follows:

2.1. To pay the rentals on or before the fifth day of each month, without need of demand at the residence of
LESSOR;

2.2. To keep the premises in good and habitable condition, making the necessary repairs inside and outside
the house;

2.3 Not to make major alterations and improvements without the written consent of the LESSOR and in the
event of such unauthorized major alterations and improvements, surrendering ownership over such
improvements and and alterations to the LESSOR upon expiration of this lease;

IN WITNESS WHEREOF, the parties have signed this contract on the __th day of [MONTH] [YEAR] in [PLACE OF
SIGNING].

(sgd.). (sgd.)

GANDARA PARK CHAROT SANTOS

Lessor Lessee

With my consent: (sgd.)

CARDIO DALISAY

SIGNED IN THE PRESENCE OF:

WITNESS 1 WITNESS 2

[INSERT ACKNOWLEDGMENT]

D. Special Power of Attorney

REPUBLIC OF THE PHILIPPINES ) CITY OF MAKATI ) S.S.

SPECIAL POWER OF ATTORNEY

KNOWN ALL MEN BY THESE PRESENTS:

I, LISSA SOBERANO, of legal age, Filipino Citizen, with residence and postal address at [ADDRESS], do hereby NAME,
CONSTITUTE AND APPOINT JINKY SOBERANO, of legal age, Filipino citizen with residence and postal address
[ADDRESS], as my true and lawful attorney-in-fact, to act for and in my name, place, and stead to perform all or any of
the following:

(A) To purchase real property or properties anywhere in the Philippines, in an amount acceptable to her; (B) To sign
and/or execute any deed of conveyance to effect the sale of the property in my/our name/s; and (C) To receive all the
documents pertinent to the purchase of any property.

HEREBY GIVING AND GRANTING unto said attorney-in-fact full power and authority whatsoever which may be
necessary or proper to be done in or about the premises, as fully to all intents and purposes as I might or could do if
personally present, with power of substitution and revocation, and hereby ratifying and confirming all that said attorney-in-
fact shall do or cause to be done and by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this __th day of [MONTH] [YEAR] in [PLACE OF
SIGNING].

LISSA SOBERANO JINKY SOBERANO

Principal Attorney-in-fact

SIGNED IN THE PRESENCE OF:

WITNESS 1 WITNESS 2

[INSERT ACKNOWLEDGMENT]

E. Verification and Certificate of Non-forum Shopping

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, RUFFA GO, of legal age, do hereby state that:

1. I am the President of GO GO GO! Corporation and in such capacity, caused this Complaint to be prepared;
2. I was authorized by the Board of Directors of GO GO GO! Corporation to file this suit, as evidenced by the
attached board resolution;

3. I have read its contents and affirm that they are true and correct to the best of my own personal knowledge;
4. I hereby certify that there is no other case commenced or pending before any court involving the same parties and
the same issue and that, should I learn of such a case, I shall notify the court within 5 days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on 19 July 2020.

(Sgd.)
RUFFA GO
Affiant

[INSERT JURAT]
F. Judicial Affidavit

REPUBLIC OF THE PHILIPPINES )

CITY OF ______________________) S.S.

AFFIDAVIT
I, ARIANA VENTI of legal age with address at [address], after being sworn in accordance with law, do hereby depose

and state that:

1. [INSERT RECITAL OF FACTS ATTESTED TO OR AFFIRMED IN THE AFFIDAVIT. NOTE THAT THESE “FACTS”
SHOULD BE BASED ON THE AFFIANT’S PERSONAL KNOWLEDGE.]

2. [ x x x ]
3. [ x x x ]
I have nothing further to say at this time.
IN WITNESS WHEREOF, I have affixed my signature on this [date] in the [place].

(sgd.)
ARIANA VENTI
Affiant

[INSERT JURAT]

G. Notarial Certificates

[Signature of Notary Public]

CORONA V. IRUS Notary Public for Makati City

Appointment No. 234 until Dec. 31, 2019874 Swallow St., Makati City
Roll No. 12345
IBP No. 225; issued Jan. 2, 2017; IBP Makati Chapter

PTR No. 24; issued Jan. 3, 2017; Makati City

1. Jurat

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

JURAT

Subscribed and sworn to before me, a Notary Public in and for Makati City, affiant exhibiting to me her Passport issued at
DFA Manila and expiring on November 20, 2020, who was identified by me through competent evidence of identity to be
the same person who presented the foregoing instrument, signed the instrument in my presence, and who took an oath
before me as to such instrument.

Witness my hand and seal this 14th day of December 2020.

[INSERT NOTARIAL CERTIFICATE]

Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.

2. Acknowledgment

REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI ) S.S.

ACKNOWLEDGMENT

Before me, a Notary Public in and for Makati City, personally appeared John Doe, with CTC No. 213, issued by the City of
Makati on January 10, 2020, exhibiting to me his Passport issued at DFA Manila and expiring on November 20, 2020,
who was identified by me through competent evidence of identity to be the same person who presented the foregoing
instrument, and who acknowledged to me that his signature on the instrument was voluntarily affixed by him for the
purposes stated therein, and affirmed that such instrument is his free and voluntary act and deed.

This instrument consists of ___ pages, including the page whereon this acknowledgment is written, and has been signed
by the parties and their instrumental witnesses on each and every page thereof.

Witness my hand and seal this 13th day of December 2020.

[INSERT NOTARIAL CERTIFICATE]

Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.

H. Motions
1. Motion for Summary Judgment
Regional Trial Court
Ninth Judicial Region
Branch 15
Zamboanga City

POPOY DELA CRUZ,

Plaintiff,
CIVIL CASE NO: 123456
-versus- FOR: COLLECTION OF SUM OF MONEY

BASHA DELA PENA,

Defendant

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

MOTION FOR SUMMARY JUDGMENT

Plaintiff, by counsel and unto this Honorable Court, respectfully states:

1. That in Defendant’s answer to the complaint for the collection of sum of

money with damages, she claims that she has paid the principal amount due
together with the interest of 6%. However, the Defendant did not attach any
receipt by the plaintiff to show her payment thereof;
2. That the burden of showing payment rests upon the Defendant, by
showing any valid receipt of payment made to the Plaintiff because a mere
verbal claim is not sufficient;
3. That there is no genuine issue of fact that may require a full-blown trial.
Plaintiff, by counsel and unto this Honorable Court, respectfully states:

1. That in Defendant’s answer to the complaint for the collection of sum of

money with damages, she claims that she has paid the principal amount due
together with the interest of 6%. However, the Defendant did not attach any
receipt by the plaintiff to show her payment thereof;
2. That the burden of showing payment rests upon the Defendant, by
showing any valid receipt of payment made to the Plaintiff because a mere
verbal claim is not sufficient;
3. That there is no genuine issue of fact that may require a full-blown trial.
Plaintiff, by counsel and unto this Honorable Court, respectfully states:

1. That it was held by the Supreme Court in the case of Calucaquib vs. People, summary judgments are proper
when, upon motion of the plaintiff or the defendant, the court finds that the answer filed by the defendant does not
tender a genuine issue as to any material fact and that one party is entitled to a judgment as a matter of law;

2. That in the same case, it was explained the test of the propriety of rendering summary judgments is the existence
of a genuine issue of fact, "as distinguished from a sham, fictitious, contrived or false claim. A factual issue raised
by a party is considered as sham when by its nature it is evident that it cannot be proven or it is such that the
party tendering the same has neither any sincere intention nor adequate evidence to prove it. This usually
happens in denials made by defendants merely for the sake of having an issue and thereby gaining delay, taking
advantage of the fact that their answers are not under oath anyway.

3. That in connection with the preceding discussion, the Defendant’s answer to the complaint for the collection of
sum of money claims that she has paid the principal of P100,000.00 amount due together with the interest of 6%.
However, the Defendant did not attach any receipt or document by the plaintiff to show her payment thereof;

4. That the burden of showing payment rests upon the Defendant, by showing any valid receipt or document
of payment made to the Plaintiff because a mere verbal claim is not sufficient;

5. That there is no genuine issue of fact that may require a full-blown trial.

PRAYER

WHEREFORE, it is respectfully prayed that this Honorable Court proceed to render judgment as the complaint may
warrant.

Other reliefs, just and equitable under the given circumstances, are likewise prayed for.

Given this 17h day of February 2023 at Zamboanga City, Philippines.

GENON LAW OFFICE

Counsel for Plaintiff

MP Towers Building
Nunez St., Zamboanga City Contact number: 091234568890 Email Address: [email protected]
By:

VEDIA A. GENON
PTR No. 2411111; 01-06-15; Zamboanga City
IBP Lifetime No. 217111; Zamboanga City
Roll of Attorneys No. 91111
MCLE: Passed the 2020-201 Bar Examinations

Copy Furnished:

Atty. Madi Gwaps

Counsel for Defendant

Copy Furnished:

ATTY. CARDO DALISAY

Counsel for Defendant
Talabaan. Zamboanga City
Copy Furnished:

Atty. Madi Gwaps

Counsel for Defendant

NOTICE OF HEARING

TO THE BRANCH CLERK OF COURT

Regional Trial Court Zamboanga City, Branch 15

ATTY. CARDO DALISAY

Counsel for Defendant

Please take notice that the foregoing motion shall be submitted for the consideration and approval of the Honorable
Court on Friday, February 24, 2023 at 9:00 a.m or as soon as counsel and matter may be heard.

VEDIA A. GENON
Counsel for the Plaintiff

2. Motion to Dismiss

Republic of the Philippines

Regional Trial Court
Second Judicial Region
Tuguegarao City
GLADYLOU RAMOS
Plaintiff CIVIL CASE NO: 12345
FOR: COLLECTION OF SUM OF MONEY
-versus-

GLORIA DELA CRUZ

Defendant
x-----------------x
MOTION TO DISMISS

DEFENDANT, through his counsel, move that the complaint in this case be dismissed, and in support thereof,
respectfully alleges:

1. That the court has no jurisdiction of the of the defendant and/or of the subject matter of the action, for the reason
that at the outset, it must be pointed out that as per request made by plaintiff, defendant just signed the
promissory note to accommodate his friend and that proceeds of the loan subject of the above mentioned
promissory note went to her friend Juliet Pulio and not to the defendant;
2. This fact was not unknown to plaintiff since she was the one who proposed the said arrangements;
3. Hence, if at all plaintiff should go after Juliet Pulio and not after herein defendant;
4. Nevertheless, if only to establish the fact that the instant suit is patently baseless and ungrounded and that
plaintiff maliciously instituted the same defendant deems it necessary to set-up the following defense;
5. In addition to the full settlement of the Php 350,000.00 plaintiff seeks to collect from defendant by virtue of the
instant case on ground of defective Certificate of Non-forum shopping;
6. A perusal of the Verification and Certification against Forum Shopping attached to the complaint readily reveals
that the same is not subscribed nor sworn in violation of the Administrative Circular No. 09-94 which states in
pertinent parts:
“The plaintiff, petitioner, applicant or principal party seeking relief in the complaint, petition, application or other
initiatory pleadings shall certify under oath in such original pleadings, or in a sworn certification annexed
therto and simultaneously filed therewith, to the truth of the following facts and undertakings: (a) he has not
heretofore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court
of Appeals, or any other tribunal or agency; (b) to the best of his knowledge, no such action of proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; (c) if there is any such action
or proceeding which is either pending or may have been terminated, he must state the status thereof; and, (d) if
he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals or any other tribunal or agency, he undertakes to report that fact within five (5) days
therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have
been filed.
xxxxxxxxx
Any violation of this Circular shall be cause for the dismissal of the of the complaint, petition,
application or other initiatory pleading, upon motion and after hearing. Under scoring ours.
7. It is clear from the foregoing that compliant in the instant case is fatally defective which cannot be cured by mere
amendment;
 8. This being the case the complaint in the instant case should be dismissed even on this ground alone.

WHEREFORE, defendant prays that the complaint be dismissed, with cost against the plaintiff.

ATTY. RAMBEE G. AGGABAO

Counsel for the Defendant

The Clerk of Court

Regional Trial Court

Greetings!

Please submit the foregoing motion for the consideration and approval of this Honorable Court immediately upon
receipt hereof.
ATTY. RAMBEE G. AGGABAO

VERIFICATION
I, GLORIA DELA CRUZ, of legal age and a resident of Tuguegarao City, after having been duly sworn to in
accordance with law hereby depose and state that:

1. I am the defendant in Civil Case No. 12345 pending before the Regional Trial Court, Branch ___, Tuguegarao
City and which is the subject of the present case.
2. I have caused the preparation and filing of the foregoing Motion to Dismiss.
3. I have read the contents thereof and that the same are true based on my own personal knowledge and on
documents and records in my possession.

GLORIA DELA CRUZ

Affiant

Subscribed and sworn to before me this 1st day of December 2014 at Tuguegarao City, Cagayan affiant has
exhibited to me her Postal ID issued by Postal Office of Cagayan issued at Tugegarao City bearing her photograph and
signature.

ATTY. RAMBEE G. AGGABAO

Doc. No. xxx

Page No. xxx
Book No. xxx
Series of 2014

3. Motion to Declare in Default

Republic of the Philippines

Regional Trial Court
Ninth Judicial Region
Branch 15
Zamboanga City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Civil Case No: 123456
-versus- For: Collection of Sum of Money

JURIS P. LIM,
Defendant
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

MOTION TO DECLARE DEFENDANT IN DEFAULT

PLAINTIFFS, thru the undersigned counsel, unto this Honorable Court, most respectfully state that:

1. On XXXXXXXX, the Complaint in this case was filed, through counsel, by the Plaintiffs;

2. On XXXXXXXX, summons together with the copy of the complaint was served upon defendant per the Return
of Service of the same date;

3. However, no responsive pleading has been filed by the defendant within the reglementary period;

4. Considering the failure of the defendant to file an Answer, pursuant to Sec. 3, Rule 9 of the Rules of Court,
defendant should be declared in default;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court to Declare
Defendant in Default and to allow the plaintiff to present evidence ex-parte.

Other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for.

XXXXXXXXXXXX. XXXXXXXXX.

ATTY. XXXXXXX XXXXXXX

Roll of Attorneys No. XXXXXXXX
XXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXX

EXPLANATION
 Copy of this motion was sent to the respondents by registered mail with return card due to distance involved and
lack of personnel who will effect personal service.

NOTICE OF HEARING

ATTY. X
Branch Clerk of Court
RTC __________, XXXXXXXXXX

XXXXXXXXXXXXXXXXXXX
Defendant

Please take notice that the undersigned will be submitting the instant motion for consideration and approval of the
Honorable Court on XXXXXXXXXXXXXXXX at XXXXX in the XXXXXX.

ATTY. X
Copy furnished:
XXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXX

I. Quitclaims in Labor Cases

WAIVER, RELEASE, AND QUITCLAIM

I, Crystal S. Fajardo, Filipino, of legal age, a resident of Talabaan, Zamboanga City, after being sworn to in accordance
with law, depose and state:

1. That by these presents, I hereby state that I have voluntarily resigned as the Manager with EMCOR Zamboanga,
Culianan Branch;
2. That I hereby acknowledge to have received of the sum of [Fifty-thousand] (P150,000) Philippine Currency, from
EMCOR, which is in full and final satisfaction of my salary and other benefits that may be due me for the service
which I have rendered for the latter employer;
3. That I hereby declare that I have no further claims whatsoever against my employer, its President, members of
the Board, officers, or any of its staff. And that I hereby release and forever discharge all of them from any and all
claims, demands, cause of action of whatever nature arising out of my employment with the latter;

4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may be pleaded in bar to any suit or proceeding
(Civil, SSS, PhilHealth, Medicare, Labor, etc.) to which either I, or my heirs and assigns, may have against my
employer in connection with my employment with the latter and that the payment which I have received as
provided herein should not in any way be construed as an admission of liability on the part of my employer and is
voluntarily accepted by me and will, if need be, serve as full and final settlement of any amount(s) due me or any
claims or cause of action, either past, present, future, which I may have in connection with my employment with
my employer;
5. As such, I finally make manifest that I have no further claim(s) or cause of action against my employer nor against
any person(s) connected with the administration and operation of the latter and forever release the latter from any
and all liability.

IN WITNESS WHEREOF, I have hereunto set my hand at Mercedes, Zamboanga City, this 17 th day of February,
2023.

CRYSTAL S. FAJARDO
Affiant

Subscribed and sworn to before me, a Notary Public in and for Zamboanga City, affiant exhibiting to me her Passport
issued at DFA Manila and expiring on January 20, 2025, who was identified by me through competent evidence of identity
to be the same person who presented the foregoing instrument, signed the instrument in my presence, and who took an
oath before me as to such instrument.
Witness my hand and seal this 17th day of February 2023.

VEDIA A. GENON
Notary Public for Zamboanga City

Appointment No. 534 until Dec. 31, 2023

La Purisima St., Zamboanga City
Roll No. 12345
IBP No. 225; issued Jan. 2, 2021;
IBP Zambasulta Chapter
PTR No. 24; issued Jan. 3, 2021;
Zamboanga City

Doc. No.123;
Page No. 10;
Book No.5;
Series of 2023.

J. Information in Criminal Cases

Republic of the Philippines

Regional Trial Court
Ninth Judicial Region
Branch 15
Zamboanga City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No: 123456
-versus- For: Violation of B.P. Blg. 22

JURIS P. LIM,
Defendant
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

INFORMATION

The Undersigned Assistant City Prosecutor accuses JURIS P. LIM of violation of B.P. Blg. 22 committed as
follows:

That sometime in the month of September, 2021 in the City of Zamboanga, Philippines, the said accused did then
and there willfully, unlawfully and feloniously make or draw and issue to MAGNA B. CARTA to apply on account or for
value BANK OF PHILIPPINE ISLAND CHECK No. 082728 dated December 15, 2021, payable to Cash in the amount of
P100,000.00 said accused knowing fully well that at the time of issue he did not have sufficient funds in or credit with the
drawee bank for payment of such check in full upon its presentment, which check when presented for payment within
ninety (90) days from the date thereof, was subsequently dishonored by the drawee bank for the reason "PAYMENT
STOPPED," but the same would have been dishonored for insufficient funds had not the accused, without any valid
reason, ordered the bank to stop payment, the said accused, despite receipt of notice of such dishonor failed to pay said
Magna B. Carta the amount of the said check or to make arrangement for payment in full of the same within five (5)
banking days after receiving said notice.

CONTRARY TO LAW.

Zamboanga City, Philippines, February 17, 2023.

VEDIA A. GENON
Assistant City Prosecutor
PTR No. 2411111; 01-06-15; Zamboanga City
IBP Lifetime No. 217111; Zamboanga City
Roll of Attorneys No. 91111
MCLE Compliance No. 123456

Approved:

CARDO DALISAY
City Prosecutor

WITNESSES:

1. Jennifer Lopez- Taluksangay, Zamboanga City

2. Ariana Grande- Rio Hondo, Zamboanga City
3. And others.

BAIL RECOMMENDED: P 100,000.00

Address of the Accused: Taluksangay, Zamboanga City

CERTIFICATE OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law; that I examined
the Complainant and her witnesses; that there is reasonable ground to believe that the offense charged had been
committed and that the accused is probably guilty thereof; that the accused was informed of the Complaint and of that the
accused is probably guilty thereof; that the accused was informed of the Complaint and of the evidence submitted against
him and was given the opportunity to submit controverting evidence; and that the filing of this information is with the prior
authority and approval of the City Prosecutor.

SUBSCRIBED AND SOWRN TO BEFORE ME this 17th day of February 2023 in Zamboanga City.

CARDO DALISAY
City Prosecutor