University of San Carlos

School of Law and Governance

College of Law

LEGAL PROFESSION

Submitted to:
Atty. Amy Rose Soler-Rellin

Submitted by:
Alonzo, Jose Maria Emmanuel
Berndt, Monika
Cubillan, Jeanette
Fermo, Naven Fredrick
Gopuco, Rocky Jay
Honato, Paul Wilfred
Llaban, Maegan
 Learning Objectives 1 & 2

A. Name 5 lawyers (living or dead, local or foreign, and not fictional) whom you
believe are worth emulating. Briefly state the legal career and accomplishment
of said lawyers.

1. Atty. Miriam Defensor-Santiago

Department of Justice Career:
She became a special assistant to the Secretary of Justice for ten years after her higher
studies abroad. At a young age, she became a legal officer to the United Nations
afterwards due to her constitutional and international law knowledge and experience.

United Nations Career:

Defensor Santiago served as Legal Officer of the UN High Commissioner for Refugees
at Geneva, Switzerland. She was assigned to the Conferences and Treaties Section.
She became skilled at treaty negotiation and drafting. She resigned her position when
her father in the Philippines developed prostate cancer.

Judge during Martial Law:

Defensor Santiago was appointed judge of the Regional Trial Court (RTC) of Quezon
City, Metro Manila by President Ferdinand Marcos. She was the youngest judge
appointed to Metro Manila, and exempted from the practice of first serving as a judge
outside Metro Manila. As an RTC judge, she quickly proclaimed a "no postponement"
policy.

Defensor Santiago became nationally famous when she issued perhaps the first
decision to rule against martial law. At that time, alleged illegal public assemblies were
declared as crimes and were punishable by death.

Immigration Commissioner:
After martial law, in 1988, President Corazon Aquino appointed Defensor Santiago as
commissioner of the Bureau of Immigration and Deportation. At that time, the BID was
one of the most corrupt government agencies in Southeast Asia. Defensor Santiago
declared the Philippines as "the fake passport capital of the world", and directed raids
against criminal syndicates, including the Yakuza. She filled the CID detention center
with alien criminals, and ordered construction of another detention center. She extended
to legal aliens’ protection from widespread extortion by requesting President Aquino to
issue an executive order that authorized the "alien legalization program".

The Rockefeller Foundation named her a laureate of the Magsaysay Award for
government service – "for bold and moral leadership in cleaning up a graft-ridden
government agency."

Agrarian Reform Secretary:

President Corazon Aquino promoted Defensor Santiago to member of her cabinet, as
secretary of the Secretary of Agrarian Reform. Under a controversial law passed by
Congress and signed by President Aquino, all agricultural landholdings were taken by
the government and divided among the farmers. Each landowner was allowed to keep
only five hectares, and each farmer received three hectares. Payment was in bonds of
the Land Bank. To subvert the law, big landowners applied for conversion of the
classification of their land as agricultural, to classification as commercial, residential, or
industrial. The process became the widespread "conversion scandal of agrarian
reform". The DAR officials themselves were the biggest culprits, because they sold
conversion permits for bribes on a market rate set at certain amounts per hectare
involved in the conversion. Defensor Santiago stopped the conversion scandal, and
appeased the landowners by enhancing the incentives for voluntary offers by the
landowners for the sale of their landholdings, which entitled them to an additional five
percent cash payment. When asked if the hacienda belonging to the president's family
should be covered by agrarian reform, Defensor Santiago replied that the family's
hacienda should be distributed among the farmers. Shortly thereafter President Aquino
accepted Defensor Santiago's resignation.

2. Antonio Carpio

Justice Carpio obtained his law degree from the College of Law of the University of
the Philippines where he graduated valedictorian and cum laude in 1975. He placed
sixth in the 1975 Bar Examinations. He earned his undergraduate degree in
Economics from Ateneo de Manila University in 1970. In his student days, Justice
Carpio was Chairman of the Editorial Board of the Philippine Law Journal of the U.P.
College of Law. He was Editor-in-Chief of The Guidon, the school paper of Ateneo
de Manila University. He also served as Managing Editor of the Philippine Collegian,
the school paper of the University of the Philippines.

Fresh out of law school, Justice Carpio went into private practice and founded the
Carpio Villaraza and Cruz Law firm. He was a Professorial Lecturer of the U.P.
College of Law from 1983 until 1992 when he was appointed Chief Presidential
Legal Counsel, with cabinet rank, by then President Fidel V. Ramos. As such, he
worked for major reforms in the telecommunications, shipping, civil aviation, and
insurance industries.

Justice Carpio was a member of the Board of Regents of the University of the
Philippines from 1993 to 1998. He was a member of the Technology Transfer Board
of the Department of Industry from 1978 to 1979. He served as Special
Representative of the Department of Trade for textile negotiations from 1980 to
1981. He was elected President of the Integrated Bar of the Philippines, Pasay-
Makati Chapter (1985-1986).

In 2001, at the age of 52, he was one of the youngest appointees as an Associate
Justice of the Supreme Court. Shortly after his appointment, he launched for the
judiciary the Supreme Court e-library, the first full-text searchable and retrievable on-
line law library in the Philippines and among the first in Asia.

For his “distinguished and exemplary service” to the Republic, Justice Carpio was
awarded in 1998 the Presidential Medal of Merit by then President Fidel V. Ramos.
In 1991, Justice Carpio received the Outstanding Achievement Award in Law from
the Ateneo de Manila Alumni Association. In 2002, he was the recipient of the
Distinguished Alumnus Award from the Ateneo de Davao Alumni Association. In
2009, he was conferred a Doctorate of Laws, honoris causa, by the Ateneo de
Davao University. In 2015, he was named an Outstanding Alumnus in Public
International Law by the UP Alumni Association and on August 18, 2017, he was
awarded as one of the UP Alumni Association Most Distinguished Alumni.
In 2015, the Department of Foreign Affairs sponsored Justice Carpio on a world
lecture tour on the West Philippine Sea dispute. Justice Carpio presented the
Philippines’ perspective on the dispute before think tanks and universities in 30 cities
covering 17 countries.

In May 2017, Justice Carpio published the book titled “The South China Sea
Dispute: Philippine Sovereign Rights and Jurisdiction in the West Philippine Sea.”
Justice Carpio is the Chair of the Second Division and Chair of the Senate Electoral
Tribunal.
3. Atty. Raymond Fortun
A distinguished graduate of the University of the Philippines College of Law and widely
recognized for his expertise as a member of the defense team for then President
Joseph Estrada in the first impeachment trial in the Philippines. Atty. Fortun eventually
became a known figure in the field of the legal profession. Known for handling highly
sensitive and controversial cases, all of which played an important role towards making
Atty. Fortun one of the top litigators and among the most sought-after lawyers in the
country.

Among his clients are the petitioners against the Aquino government's controversial
Disbursement Acceleration Program (DAP). He also represents Angelito San Juan, who
was killed in the May 31 blast at a Two Serendra condominium unit he had rented.
Fortun is the younger brother of Atty. Sigrid Fortun, the lawyer for some members of the
Ampatuan family who are currently being tried for the 2009 Maguindanao massacre.

After his was wife was shot in the head on Thursday night of December 20, 2013, Atty.
Raymond Fortun contemplates on quitting his cases and eventually focused on being a
photographer.

4. Justice Antonio Eduardo Nachura

Justice Nachura is one of the select few in public service who have served in the
highest levels of all three branches of government. Prior to his appointment to the
Supreme Court, he had served in the 11th and 12th Congresses as Representative of
the 2nd District of Samar and in the Cabinet as Chief Presidential Legal Counsel and
later, as Solicitor General of the Philippines.

He attended San Beda College of Law where he so distinguished himself that he

graduated First Honorable Mention in 1967. Without disappointing his professors, he
placed seventh in the Bar exams of that year.

He soon embarked on a successful professional career. He was named Vice President

and Corporate Secretary of the Government Service Insurance System in 1983-85. A
year later, he was appointed President and General Manager of the Grains Insurance
Agency Corporation. In 1993, he was appointed by President Fidel V. Ramos as
Commissioner of the Housing and Land Use Regulatory Board.

He gained national prominence as Undersecretary of the then Department of Education,

Culture, and Sports. He returned to San Beda to teach Constitutional Law to
generations of law students, many of whom are now also members of the Judiciary. He
was a much sought after pre-bar reviewer nationwide, including those conducted by the
UP Law Center, University of Santo Tomas, and Manuel L. Quezon University. To the
delight of Bar candidates, he wrote the popular Outline Reviewer in Political Law, which
has gone through eight revisions since first coming out in 1992. He capped a satisfying
career as an educator when he was named Dean of the Arellano University College of
Law, and later, as Chair of the Arellano Law Foundation. He served as member of the
University of the Philippines Board of Regents and holds a Doctor in Public
Management degree from the Pamantasan ng Lungsod ng Maynila.

In the 1998 and 2001 elections, the people of Samar sent him to Congress.
Recognizing his wide experience, the House of Representatives elected him Chairman
of the Committee on Higher and Technical Education in his first term, and Chairman of
the Committee on Constitutional Amendments in his second term. Together with now
Senator Joker Arroyo and former Speaker Feliciano Belmonte, he served in the House
Prosecution Panel that prosecuted then President Joseph Estrada. While in Congress,
he authored the National Service Training Program Act, the Basic Education Reform
Act, and the Samar State University Act. He is co-author of the Securities Regulation
Code, the Joint Resolution calling for amendments to the Constitution, and RA 9227
which grants special allowances to members of the Judiciary, among others.

After serving in Congress, he was appointed to the Cabinet by President Gloria

Macapagal Arroyo as Chief Presidential Legal Counsel, and later on as Solicitor
General. In the OSG, he instituted numerous reforms that expanded the office from 15
to 17 legal divisions, and caused the filing and passage of a bill strengthening the OSG
as the principal law office of the government and as “Tribune of the People.” During his
watch, the OSG successfully recovered for the government millions of pesos in ill-gotten
wealth. For his service to the people, he was named “Bedan of the Century” by his alma
mater in 2001.

5. Judge Maria Lourdes Sereno

Pre-Supreme Court career:

Sereno started her career as a junior associate of the Sycip Salazar Feliciano and
Hernandez law firm.

At the age of 38, she was appointed as legal counselor at the World Trade
Organization's Appellate Body Secretariat in Geneva.

She was the only female member of the 1999 Preparatory Commission on
Constitutional Reform where she headed the commission’s Steering Committee. In the
same year, with Justice Jose Campos, Commissioner Haydee Yorac, and other
professors from the UP College of Law, she co-founded Accesslaw, a corporation that
provided the first annotated electronic research system in Philippine law.

She also served as legal counsel for various government offices including the Office of
the President, Office of the Solicitor General, Manila International Airport Authority, and
the Department of Trade and Industry. She previously headed the Information and
Public Division office of the UP Law Complex. She was also a faculty member at
The Hague Academy of International Law in Cambodia.

At the time of her appointment as Chief Justice of the Supreme Court of the Philippines,
Sereno was executive director of the Asian Institute of Management Policy Center. She
was also the president of Accesslaw Inc., had taught at University of the Philippines
College of Law for 19 years, and served as a consultant for the United Nations, World
Bank, and US Agency for International Development.

Sereno served as a co-counsel with Justice Florentino Feliciano on the Fraport case
in Singapore, in which the Republic of the Philippines won the case.

Associate Justice (2010–2012):

In August 2010, she was appointed Associate Justice of the Supreme Court of the
Philippines, its 169th Member and the first appointee to the High Court by
President Benigno Aquino III. Sereno, the 13th woman appointed as Justice of the
Supreme Court, was the youngest appointee to the court since Manuel Moran in 1945
until Marvic Leonen surpassed her at the age of 49 in 2012.

Chief Justice (2012–2018):

On August 24, 2012, President Aquino announced his appointment of Justice Sereno as
the new Chief Justice of the Supreme Court, replacing Renato Corona, who was
removed from office in May 2012 after being convicted in an impeachment trial.
Sereno voted against several of President Rodrigo Duterte's proposals, such as
declaring martial law and burying Ferdinand Marcos in a cemetery reserved for national
heroes. Sereno also took a stance on Duterte's Philippine Drug War when she called
for due process for those included in Duterte's "drug list", a list of people alleged to be
involved in the illegal drug trade.

In a televised public speech in April 2018, Duterte addressed the Chief Justice thus: "So
I’m putting you on notice that I am now your enemy. And you have to be out of the
Supreme Court." after Sereno accused him of interfering with the case.

B. Give at least 15 skills or competencies needed to be globally competitive as a

lawyer, especially in light of the ASEAN integration.

1. Learn to properly process and analyze information regarding international

relations and international law.
2. Distill the key points of cases involving international laws.
3. Be able to work with people, international organizations, and other international
lawyers.
4. Be familiar with international laws and treaties that are especially applicable in
the ASEAN.
5. Create a network of connections with lawyers in the international community.
6. Contribute to the needs regarding legal matters on the ASEAN Integration.
7. Knowledgeable and updated in the socio-economic and political relations of the
Philippines and the ASEAN countries.
8. Well-oriented in the diplomatic relations of the region.
9. Knowledgeable on the Sustainable development goals of the ASEAN.
10. Be able to think of exceptional legal solutions.
11. Be able to think of exceptional legal arguments.
12. Up-to-date with technological advancements.
13. Must have exceptional communication skills.
14. Be able to assert the developmental interests of the Philippines.
15. Be able to examine and criticize proposals in the political and economic changes
brought about by the ASEAN integration.

C. Give your expectations for this subject, Legal Profession.

Expectations in Legal Profession:

1. To embody an ethical lawyer.

2. To be familiar with legal ethics and rules of court observed by legal
professionals.
3. To be able to communicate like a lawyer.
4. To be able to behave and act like a professional lawyer.
5. To learn the qualifications/disqualifications for the practice of law.
6. Learn about disbarment procedures.
7. Learn about career opportunities of a lawyer.
8. Learn about the process of becoming a Chief Justice

D. Give your expectations for the USC College of Law.

Expectations for the USC College of Law:

1. We expect to have our minds molded in the standards of the University of

San Carlos.
2. We expect to pass the bar examination when we graduate from the University
of San Carlos
E. Give your short-term goal (1 year) and long-term goal (4 years) in law school.

Short-term Goals:

1. To pass this subject with flying colors

2. To learn all that we possibly can from our professor
3.

Long-term Goals:

1. To graduate in the University of San Carlos

2. To graduate on time
3. To ace my exams
4. To top the bar examinations
5. To get used to the lifestyle of a lawyer
6. To be able to apply the learnings in the University of San Carlos in our
professional careers

F. How will you achieve the foregoing goals?

1. Study hard
2. Always remember my goals
3. Avoid procrastination
4. Have good time management
5. Prioritize our mental health

G. What skills and qualities are needed to succeed in law school?

1. Master legal analysis

2. Develop good study habits
3. Develop a good penmanship
4. Develop good reading habits
5. Develop our skill in digesting cases
6. Develop good argumentative skills

H. What traits or attitudes should be minimized, if not avoided, in law school?

a. Procrastination
b. Depending on others for help
c. Self-doubt
d. Frequent alcohol consumption
e. Over-thinking

I. Summarize your learnings from Chapter 1 of the textbook.

Introduction to Legal Profession

“Ignorantia legis non excusat” provided by Article 3 of the new Civil Code, is one of the
basic principles of law which simply means “Ignorance of the law excuses no one from
compliance therewith”. Without this principle, chaos and disorder would inevitably arise
for every person can avail himself a justification from submission of the laws of the land.
Absence of order will hinder prosperity and that order cannot be attained without laws to
govern the conduct of individuals. For this reason, legal profession whose main purpose
is to aid in the doing of justice according to law between state and the individual and
between man and man, is imperative in building the nation since there is no progress in
a country without a rule of law.
Nature of an Attorney
An Attorney, who is sometimes called an advocate or counsel, is one who aids in the
administration of justice. To become an officer of the court is not an easy task. As an
advocate of justice, he should be the defender of the oppressed. His talents in law
constitute active forces aimed at the administration of justice regardless of political,
social, economic, or religious stations in life of party litigants.

Legal Profession as a subject

In view of the criticism the legal profession has been facing now, prospective lawyers
should be indoctrinated as to the real essence, and purpose of the legal profession
even before they are admitted to this noble profession. Hence, law students are being
introduced to the real concept of legal profession in their very first semester in the law
school.

Brief history of the legal education in the Philippines

The sources of Philippine legal education are Spain, which gave the Roman Civil Law
and Canon Law and the United States, which is the forerunner of English Common Law
in the Philippines.

J. Summarize your learnings from Chapter 2 of the textbook.

Reasons and implications in the study of law

Many professionals take up courses in law for valid reasons. Most students enter
law schools because of their dream to become a lawyer. Others enroll in college
for professional or career advancement. Whatever the reason behind a student’s
enrollment in the college of law is already behind the point once he/she is already
in the battle it is very important for a student to understand that he enters the law
school not to know the law. Although, ignorance of the law excuses no one.

Basic Skills
As the law profession is regarded as one of the most glamourous profession,
many individuals want to become a lawyer. It is better to start with the proper
attitude a law student should have as this will have a great bearing in his
profession.
(a) DREAMS/AMBITIONS - A student should dream to become lawyer
(b) PERSEVERANCE - A law student must be determined to hurdle the bar
(c) PATIENCE - Studying law requires a great degree of patience
“How to become a lawyer” maintains that the basic tools one must have to
study law and to pass the bar examinations are the so called 3 L’s:
LANGUAGE – is the tool of the law
LOGIC OR CRITICAL ANALYSIS – it is very important in the study of law. Every
student of law is expected to possess both knowledge of logic and language
before he enrolls in the college of law.
LAW – this is the only tool in the law study that one will learn in the law school.

Study of Law a serious matter

If you really want to become a lawyer be prepared to exert every effort to pass
the bar. If you are half-hearted about the study of law might as well forget taking
the bar examination or better yet do not enter the law school.
 Learning Objective 3
Case digests re: Practice of Law and Legal Profession

EN BANC

Petition for leave to resume practice of law,

Benjamin M. Dacanay, petitioner
B.M. No. 1678 December 17, 2007

FACTS
On March 1960, Benjamin M. Dacanay was admitted to the Philippine Bar and
practiced law until he migrated to Canada to seek medical attention for his ailments. He
then applied for Canadian citizenship to avail of their free medical aid program and in
2004, he was granted Canadian Citizenship.
On July 14, 2006, he reacquired his Philippine citizenship in Toronto, Canada
pursuant to RA 9225 known as the Citizenship Retention and Re-acquisition Act of
2003. Thereafter, he returned to the Philippines and intends to resume his law practice.

ISSUE/S
Whether or not Benjamin Dacanay can resume his law practice given that he has
lost his Philippine citizenship before but now has reacquired it.

RULING/RESOLUTION
The Supreme Court ruled that by virtue of his reacquisition of Philippine
citizenship, the petitioner has again met all the qualifications for membership in the bar.
Therefore, it is recommended that he be allowed to resume his practice of law in the
Philippines provided that he can comply with the conditions set for by the Court to
restore his good standing as a member of the Philippine bar.
 EN BANC

Antero M. Sison Jr., complainant vs.

Atty. Manuel N. Camacho, respondent
A.C. No. 10910 January 12, 2016

FACTS
Atty. Antero Sison Jr., president of Marsman-Drysdale Agribusiness Holdings,
Inc. (MDAHI), alleged that Atty. Manuel Camacho was the counsel of MDAHI in an
insurance claim against Paramount Insurance. Subsequently, Atty. Camacho proposed
that they increase their claims and said that it would need approximately 1.3 million for
docket fees. It was discovered that the RTC had already rendered a decision in favor of
MDAHI prior to Atty. Camacho’s proposal for increase of claims, now leaving the P1.3
million unaccounted for. Furthermore, Atty. Camacho filed a Satisfaction of Judgment
for such case without conformity of MDAHI, stating that both parties had now entered
into a compromise agreement.
Atty. Sison now accuses Atty. Camacho of violating Rule 1.01 for dishonestly
entering into a compromise agreement without authorization, and rule 16.01 for failure
to render an accounting of funds which were supposed to be paid as additional docket
fees.

ISSUE/S
Whether or not Atty. Camacho is guilty for violating rule 1.01 for dishonestly
entering into a compromise agreement without authorization, and rule 16.01 for failure
to account for the money of his client.

RULING
The practice of law is a profession, a form of public trust, the performance of
which is entrusted to those who are qualified and who possess good moral character.
The court finds Atty. Camacho guilty of violating rule 1.01 and rule 16.01 of the Code of
Professional responsibility and is hereby disbarred from the practice of law and his
name stricken off the Roll of Attorneys.
 EN BANC

Re: Violation of Rules on Notarial Practice

A.M No. 09-6-1-SC January 21, 2015

FACTS
In 3 letter-complaints endorsed to the Office of the Bar Confidant, it was alleged
that Atty Siapno was maintaining a notarial office in Lingayen Pangasinan and was
performing notarial acts and practices in Lingayen, Natividad and Dagupan City without
requisite notarial commission. It was asserted that Atty. Siapno was never
commissioned as Notary Public for and within the jurisdiction of Lingayen, Natividad,
and Dagupan City. Instead, he applied for and was commissioned to perform notarial
functions by Executive Judge Anthony Sison of the RTC, San Carlos City, Pangasinan
from March 22, 2007 to December 31, 2008. His notarial commission was never
renewed upon expiration. Furthermore, it was also averred that Atty. Siapno had
delegated his notarial authority to his secretaries who wrote legal instruments and
signed documents on his behalf.

ISSUE/S
Whether or not Atty. Siapno violated the 2004 Rules on Notarial Commission
when he performed notarial functions without commission.

RULING
By performing notarial acts without the necessary commission of the court, Atty.
Siapno violated not only his oath to obey the laws particularly the Rules on Notarial
Practice but also Canons 1 and 7 of the Code of Professional Responsibility which
prescribes all lawyers from engaging in unlawful, dishonest, immoral or deceitful
conduct and directs them to uphold the integrity and dignity of the legal profession at all
times. Thus, the court ruled that he be suspended from the practice of law for 2 years
and barred permanently from being commissioned as Notary Public.
Atty. Aurelio C. Angeles, Jr., Provincial Legal Officer,
Bataan Capitol, Balanga City, Bataan , complainant, vs.
Atty. Renato C. Bagay, respondent
A.C. No. 8103. December 3, 2014

FACTS
The case arose from a letter submitted by Atty. Aurelio C. Angeles, Jr., the
Provincial Legal Officer of Bataan, to Hon. Remigio M. Escalada, Jr. (Executive Judge),
Executive Judge of the Regional Trial Court of Bataan alleging that Atty. Renato C.
Bagay notarized 18 documents at the time he was out of the country from March 13,
2008 to April 8, 2008.
The letter contained the affidavits of the persons who caused the documents to
be notarized which showed a common statement that they did not see respondent sign
the documents himself and it was either the secretary who signed them or the
documents came out of the office already signed. Upon verification with the Bureau of
Immigration, it was found out that a certain Renato C. Bagay departed from the country
on March 13, 2008 and returned on April 8, 2008. He admitted the fact that there were
documents that were notarized while he was abroad and his signature was affixed by
his office secretary who was not aware of the import of the act.

ISSUE/S
Whether or not the respondent failed to live up to the standard required by the
Rules on Notarial Practice.

RULING
The Supreme Court finds Atty. Renato C. Bagay grossly negligent in his duty as
a notary public. The Court REVOKES his notarial commission and DISQUALIFIES him
from being commissioned as notary public for a period of two (2) years. The Court also
SUSPENDS him from the practice of law for three (3) months effective immediately,
with a WARNING that the repetition of a similar violation will be dealt with even more
severely. By his own admission, it was established that by his negligence in employing
an office secretary who had access to his office, his notarial seal and records especially
pertaining to his notarial documents without the proper training. Respondent should
remember that a notarial commission is a privilege and a significant responsibility. It is a
privilege granted only to those who are qualified to perform duties imbued with public
interest. As what has been declared on several occasions, 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 notary public.
 EN BANC

Pasay Law And Conscience Union, Inc., complainant, vs.

Atty. David D.C. Paz, respondent
ADM Case No. 1008. January 22, 1980

FACTS
On June 5, 1971, the Pasay Law and Conscience Union, Inc. (PLACU) filed this
disbarment case against David D.C. Paz, a member of the Philippine Bar. The
complainant charged the respondent with malpractice, gross misconduct in office, gross
immoral conduct and/or disloyalty to the Republic of the Philippines. It was alleged that
Atty. Paz has been representing clients with contradicting interests such as being the
head of the Charlie Division, which was conducting an investigation on the Presidential
Agency on Reforms and Government Operations, otherwise known as the PARGO,
where he is also the Legal Officer and Chief Prosecutor.

ISSUE/S
Whether or not Atty. Paz is guilty of been representing clients with contradicting
interests.

RULING
The Court ruled that Atty. Paz is guilty of representing clients with conflicting
interests and he was suspended from the practice of law for two (2) months, with a
warning that a repetition of the same offense will be dealt with more drastically.
Evidence has been established that the respondent, David D.C. Paz, as PARGO's
Legal Officer and Legal Prosecutor and head of the "Charlie Division", took part in the
investigation of the anti-graft case against ex-Mayor Cuneta by administering oaths to
witnesses and gathering evidence. He acquired knowledge of the facts and
circumstances surrounding the anti-graft case. The respondent obtained confidential
information and learned of the evidence of the PARGO against ex-Mayor Cuneta. There
was undoubtedly a relationship of attorney and client between the respondent David
D.C. Paz and the PARGO.
Blanza v. Arcangel
21 SCRA 2. September 5, 1967

FACTS
On April 1995, Atty. Augustin Arcangel volunteered to help complainants Olegaria
Blanza and Maria Passion to their respective pension claims from the death of their
solider-husbands. For this purpose, the complainants handed the respondent all the
necessary and pertinent documents and also affixed their signatures in blank
documents. However, after six months, when the complainants asked for the return of
their papers, they noticed that the respondent lost interest in the progress of their claims
and no progress was made.

Respondent then admitted of having received the documents but explained that it was
for photostating purposes only and that the petitioners failed to pay for the Photostat
costs, hence, the delay of its return.

ISSUE
Whether or not respondent can he held liable for professional nonfeasance.

HELD
There is no clear preponderance of evidence to substantiate the accusations against
the respondent. The complainants even admitted that the respondent asked them to
shoulder the photostating expenses but they did not give him any money. Moreover, all
documents were returned to them during the fiscal’s investigation

However, the Court reminded that Atty. Arcangel should comply with the high standards
of his chosen profession required to him. A lawyer has a more dynamic and positive role
in the community than merely complying with the minimal technicalities of the statute.
As a man of law, he is necessarily a leader of the community, looked up to as a model
citizen. His conduct must, perforce, be par excellence, especially so when, as in this
case, he volunteers his professional services. Respondent here has not lived up to that
ideal standard. It was unnecessary to have complainants wait, and hope, for six long
years on their pension claims. Upon their refusal to cooperate, respondent should have
forthwith terminated their professional relationship instead of keeping them hanging
indefinitely.
In Re Sycip
92 SCRA 1. July 30, 1979

FACTS
There are two separate petitions that were filed before the Court. The fist petition is by
the surviving partners of Atty. Alexander Sycip, and the second petition is by the
surviving partners of Atty. Herminio Ozaeta, praying that they be allowed to continue
using, in the names of their firms, the names of partners who had passed away.

ISSUE
Whether or not the two law firms may retain the partnership name despite the death of a
partner

HELD
The court ruled that they should remove the names of the deceased partners. The
public relations value of the use of an old firm name can tend to create undue
advantages and disadvantages in the practice of the profession. A lawyer can just ride
on the reputation of the old firm. Also, a partnership for the practice of law cannot be
likened to partnerships formed by other professionals or for business. Law is a
profession and not a business. A professional partnership rides on the individual skill of
the members.
People v. Villanueva
G.R. No. L-19450. May 27, 1965

FACTS
On Sept. 4, 1959 the Chief of Police of Laguna charged Simplicio Villanueva with crime
of Malicious Mischief. The accused was represented by counsel de oficio, but was later
replaced by counsel de parte. City Attorney Ariston Fule of San Pablo City, having
entered his appearance as private-prosecutor by securing the permission of the
Secretary of Justice, represented the complainant in the same case. The condition of
his appearance as such, was that every time he would appear at the trial of the case, he
would be considered on official leave of absence, and that he would not receive any
payment for his services. The appearance of City Attorney Fule as private prosecutor
was questioned by the counsel for the accused.

The Counsel for the accused presented a “Motion in inhibit Fiscal Fule from Acting as
Private prosecutor in this case, “this time invoking sec. 32, Rule 127, now sec. 35, Rule
138, Revised Rules, which bars certain attorneys from practicing.

ISSUE
Whether of not Atty. Fule violated sec. 32 of Rule 127 now Sec. 35, Rule 138, revised
Rules of Court, which bars certain attorneys from practicing.

RULING
The appearance of Attorney Fule did not constitute private practice, within the meaning
and contemplation of the Rules. Practice is more than isolated appearance, for it
consists in frequent or customary action, a succession of acts of the same kind. The
word private practice of law implies that one must have presented himself to be in the
active and continued practice of the legal profession and that his professional services
are available to the public for compensation, as a source of his livelihood or in
consideration of his said services. It has never been refuted that City Attorney Fule had
been given permission by his immediate supervisor, the Secretary of Justice, to
represent the complainant in the case at bar, who is a relative.
Philippine Lawyer’s Association v. Agrava
G.R. No. L-12426. February 16, 1959

FACTS
Director Agrava of the Philippine Patent Office issued a circular in 1957 announcing that
he had scheduled an examination for the purpose of determining who are qualified to
practice as patent attorneys before the Philippines Patent Office. According to this
circular, members of the Philippine Bar, engineers and other persons with sufficient
scientific and technical training are qualified to take the said examination. The Philippine
Lawyer’s Association (PLA) opposed the circular and claims that one who has passed
the bar examinations, licensed by the Supreme Court to practice law in the Philippines
and who is in good standing, is duly qualified to practice before the Philippines Patent
Office. PLA contends the issuance of such circular is in excess of Agrava”s jurisdiction.
On the other hand, Agrava maintains that the prosecution of patent cases does not
involve entirely or purely the practice of law but includes the application of scientific and
technical knowledge and training, so much so that, as a matter of actual practice, the
prosecution of patent cases may be handled not only by lawyers.

ISSUE
Whether or not the Circular issued is in excess of Director Agrava’s jurisdiction.

HELD
The Circular is in excess of the Director’s jurisdiction. The practice of law is not limited
to the conduct of cases or litigation in court. It embraces the preparation of pleadings
and other papers incident to actions and special proceeding, the management of such
actions and proceedings on behalf of clients before judges and courts, and in addition,
conveying. The practice before the patent Office involves the interpretation and
application of other laws and legal principles, as well as the existence of facts to be
established in accordance with the law of evidence and procedure. The law provides
that any party may appeal to the Supreme Court from any final order or decision of the
director. On the contention of Director Agrava that he was authorized by law to conduct
such examinations, the Court ruled that his claim finds no basis in the law. There is no
provision in the Patent Law which explicitly confers upon the Director the authority to
conduct such examinations in order to screen who may be admitted to the patent office.
Flores v. Chua
306 SCRA 465. April 30, 1999

FACTS
Complainant Flores seeks the disbarment of respondent Atty. Enrique Chua, a
practicing lawyer and a notary public, for various offenses amounting to malpractice,
gross misconduct, violation of his lawyer’s oath, the CPR, and the provisions of the
laws. Evidence was found to support the charges that he notarized a forged deed of
sale, that he caused to publish an advertisement of a SEC decision in order to bring
ridicule and shame upon a corporation, that he filed a civil case knowing that the reliefs
he prayed for were probably granted in the SEC case thus belying his certification
against forum shopping. He has also been previously reprimanded for bribing a judge
and for consistently using dilatory tactics to prolong a litigation.

ISSUE
Whether or not the charges against Atty. Chua are sufficient to disbar him.

HELD
Atty. Chua shall be disbarred. The Code of Professional Responsibility commands him
not to engage in unlawful, dishonest, immoral or deceitful conduct and to uphold at all
times the integrity and dignity of legal profession. The bar should maintain a high
standard of legal proficiency as well as honesty and fair dealing. A lawyer brings honor
to the legal profession by faithfully performing his duties to society, to the bar, to the
courts, and to his clients.
 Learning Objective 4

1. Research and cite the pertinent legal provisions/bases:

a. Non-lawyers who are allowed to appear before the court

1. In the court of a municipality, a party may conduct his litigation in person,

with the aid of an agent of friend appointed by him for that purpose, of with
the aid of an attorney (Sec 34, Rule 138, RRC).

2. In any other court, a party may conduct his litigation personally or by aid of
an attorney, and his appearance must be either personally or by duly
authorized member of the bar (ibid).

3. Appointment of counsel de officio – The court, considering the gravity of

the offense and the difficulty of the questions that may arise, shall appoint
as counsel de officio such members of the bar in good standing who, by
reason of their experience and ability, can competently defend the
accused. But in localities where such members of the bar are not
available, the court may appoint any person, resident of the province and
of good repute for probity and ability, to defend the accused (Rule 116,
Sec. 7, RRC).

4. Legal Aid Program – A senior law student, who is enrolled in a recognized

law school’s clinical education program approved by the Supreme Court
may appear before any court without compensation, to represent indigent
clients, accepted by the Legal Clinic of the law school. The student shall
be under the direct supervision and control of an IBP member duly
credited by the law school.

5. Under the Labor Code, non-lawyers may appear before the NLRC or any
labor arbiter, if:
a. The represent themselves, or if
b. They represent their organization or members thereof (Art. 222,
P.D. 442, as amended).

6. Under the Cadastral Act, any person claiming any interest in any part of
the lands, whether named in the notice or not, shall appear before the
Court by himself or by some person in his behalf (Sec 9, Act No. 2259).

b. Proceedings where lawyers are not allowed to appear

1. Appearance of Attorneys Not Allowed – No attorney shall appear in

behalf of or represent a party at a hearing, unless the attorney is the
plaintiff or defendant. If the court determines that a party cannot
properly present him/her claim or defense and needs assistance, the
court may, in its discretion, allow another individual who is not an
attorney to assist that party upon the latter’s consent (Sec 19, 2016
 Revised Rules of Procedure for Small Claims Cases).

2. Appearance of Parties in Person – in all katarungang pambarangay

proceedings, the parties must appear in person without the assistance
of counsel or representative, except for minors and incompetents who
may be assisted by their next-of-kin who are not lawyers (Sec 415,
R.A. 7160).

c. Public officials who are prohibited from private practice during their
incumbency

1. Judges and other officials as employees of the Supreme Court (Rule 148,
Sec. 35, RRC).
2. Officials and employees of the Office of the Solicitor General (Ibid.).
3. Government Prosecutors (People v. Villanueva, 14 SCRA 109).
4. President, Vice-President, Members of the Cabinet, their Deputies and
Assistants (Art. VIII Sec. 15, 1987 Constitution).
5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987
Constitution).
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987
Constitution).
7. All Governors, City and Municipal Mayors (R.A. No. 7160, Sec. 90).
8. Those prohibited by special law.

Works Cited
Criminal Procedure Blogspot. (2000, December 1). RRC - Rules 110-127. Retrieved
September 2019, from Criminal Procedure Blogspo: http://criminal-
procedure.blogspot.com/2009/05/rule -116-arraignment-and-plea.html?m=1
Jr., A. M. (2009, April 13). When may a non-lawyer litigate in court? Retrieved
September 2019, from Atty. Laserna Blogspot:
http://attylaserna.blogspot.com/2009/04/when-may-non-lawyer-litigate-in-
court.html?m=1
Magz. (2011). Legal Ethics Chapter 1 - Lawyer and Society. Retrieved September 2019,
from Philippine Law Reviewers Wordpress: www.lawphilreviewer.worpress.com