UST GN 2011 Legal and Judicial Ethics Proper Index 4

Legal forms - judicial form
Form 76: Election Protest
PETITION Petitioner through counsel respectfully alleges: 1. That he is a qualified voter and was one of the registered candidates voted for in the general election held on _____________ in the province of _______________, Philippines, within the jurisdiction of the court; 2. That according to the certificate of canvass of the provincial board of canvassers for the province of ________, the total votes for the office of the provincial Governor for the said province was ___________ the respondent appearing to have received ______ votes, the petitioner ____________votes and the other registered candidate voted for, as follows:_______________ 3. That on _______, the said provincial board of canvassers proclaimed the respondent ________ elected to the office of the provincial Governor of the province of _______; 4. That the petitioner contests the election of the said respondent on the following grounds: __________________5. That the petitioner is willing to give a bond, as this Honorable Court may determine to cover all reasonable expenses and costs and damages, incidental to these proceedings; WHEREFORE, it is respectfully prayed: 1. That upon service of summons in accordance with law, a day be set for the hearing of the protest; 2. That an order be issued to the municipal treasurers of the Municipalities of ______ to bring and present before the Honorable Court on or before the day of the hearing of this protest the ballot boxes, copies of the registry list, the election statements, the voters affidavits, and other documents used in the said election in said municipalities, in order that this Honorable Court may re-examine and revise the same; 3. That after due proceedings, the election of the respondent, and ________________ for the office of Provincial Governor ____________ be annulled and that the petitioner be declared duly elected instead; 4. That the expenses and costs incurred in these proceedings be assessed against the respondent. ________ City, Philippines, this _____ day of _______2010. Name _______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. __________________________ MCLE Compliance (or Exemption) No._____ Copy Furnished: _________________________________ Name and address of adverse counsel (Personal Service) VERIFICATION
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF SANTO TOMAS VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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UST golden notes 2011

- narrates the transaction or event that created the legal dispute and led to the filing of the suit. 3. THE POSITION YOU TAKE ON THOSE ISSUES a. State the issue or issues this is the query in which the client seeks out your opinion concerning the facts surrounding the issue. (Ibid.) b. State the position you take on those issues - This is the part where you answer the query, answering based on relevant laws and jurisprudence. (Ibid.) How to create an argument? The legal argument is the right rule and the right fact put together. A legal argument is made up of three statements: a. The statement of a rule that applies to a given fact or set of facts (the rule statement); b. The statement of the fact of a particular case that opens up such case or closes it to the application of the rule (the case fact statement); and c. The conclusion that the rule applies or does not apply to the particular case (the conclusion statement). Knowing the essential statements of your legal argument is important because the effectiveness of your argument depends on how ably you write up each statement of your argument into a convincing part. Knowing the essentials enables you to dismantle your argument, reinforce or improve the weak parts, emphasize the strong, and put them together again to produce a persuasive argument (Abad, 2009). 4. THE ARGUMENTS THAT MAY BE MADE AGAINST YOU - List all the pertinent laws and jurisprudence which are not in your favor to show your client both sides as to not incite overexcitement to a winning case nor distress over a possibly losing case. 5. ARGUMENTS IN YOUR FAVOR 4. CONCLUSION AND RECOMMENDATION (WHAT YOU WHAT YOUR READER TO UNDER THE CIRCUMSTANCES) - In the Conclusion, reiterate the answer to the question raised in the issue/issues. (Tabucanon, 2010) - The Recommendation on the other hand answers the question: What do you propose the client would do? It states the proposed solution to the issue. (Ibid.) The idea behind every closing statement is to depart on a good note after pacing your pleading with every sort of argument in support of your stand. The closing statement should not appear to argue even if it may appeal to the good sense of the judge exercised in your favor (Abad, 2009).
IV. LEGAL OPINION
HOW TO WRITE A LEGAL OPINION: Points to remember in writing a legal opinon: 1. 2. Ascertain the purpose for which your client seeks your opinion; (Abad, 2009) Do pre-work. a. Get all the facts you need for forming a competent opinion; b. Make a summary of the relevant facts of the case and put them in correct sequence. c. Identify the issues that have to be resolved and rough out the arguments that support your thesis; (Ibid.) Note: Determine preliminarily the principal issue or issues involved in the case. (Ibid.) 3. After pre-work, do write up.(Ibid.)
Note: As a general rule, there is no prescribed form for Legal Opinion. However, the substance must meet certain minimum requirements of content. (Abad,2009)
PARTS OF A LEGAL OPINION: 1. HEADING AND INTRODUCTION - Consist of the letter head of the law firm, date, name and address (inside address) of the client, salutation and a short introduction. (Tabucanon, 2010) 2. BACKGROUND FACTS THAT ADEQUATELY INTRODUCE THE ISSUES IN THE CASE - Introduce the issues by providing the background facts that are need to understand those issues. (Abad, 2009)
Note: Only as much background facts as are needed for an understanding of the issue or issues included. (Ibid.)
- Standard of sufficiency in introducing an issue or issues of the case requires the following: a. The Statement of the Case Purpose: To provide a clear and concise statement of the nature of the action. (Ibid.) - it describes the nature of the action and the proceedings it had gone through. (Ibid.) The Statement of Facts Purpose: To provide a background of the transaction or event involved to enable the court or reader to see the issues in the proper context. (Ibid.)
b.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Legal forms legal opinion

ILLUSTRATION 1: LEGAL OPINION:
Page 1 of 5 September 14, 2009 Mr. Rogelio G. Chan Milan Furniture Co., Inc. 245 Juan Luna Street Binondo, Manila Dear Mr. Chan: Here is the opinion that you requested. The facts, as I gather from you and your documents, are as follows: On May 12, 2008 you applied with the Century Bank in Binondo, Manila, on behalf of Milan Furniture Co., Inc., for a letter of credit, Annex A, covering its importation of hardwood from Vietnam. On arrival of the goods, the bank agreed to advance the payment of their price to your supplier. In turn, you executed a promissory note in the name of Milan Furniture, Annex B, undertaking to pay back the banks advance within three months of the date of the note. You also signed a trust receipt, Annex C, covering receipt of the goods. The trust receipt provided that, in case of the sale of the imported hardwood, Milan Furniture would turn over the proceeds of that sale to the bank to apply to your loan. Because Milan Furniture had been unable to pay its promissory note to the bank when it fell due, on October 17,2008 the lawyers of the bank sent you a demand letter, Annex D, requesting full payment of the debt of return of the goods. I understand that, on receipt of the letter, you tried to negotiate with the manager of the bank, offering to return the imported hardwood that you were yet unable to sell or use. But the bank manager rejected your offer, stating that the bank did not accept goods in payment of debts owed it. Since further negotiations also failed, the bank sent you a final demand for payment on December 4 under a threat of filing a criminal complaint for estafa involving the trust receipt that you executed in its favor. The question you pose is whether or not, under the above facts, you may be held liable for estafa under PD 115, the Trust Receipt Law, in relation to Section 1(b) of Article 315 of the Revised Penal Code. In my opinion, since the bank opted not to accept the goods even when you offered to return them on behalf of Milan Furniture, it should be deemed to have withdrawn its earlier demand from you to pay or return the goods covered by said Trust Receipt. Effectively, the bank chose to consider Milan Furniture to have already bought those goods, altogether removing the transaction from the coverage of Section 13 of the Trust Receipt Law. I base my opinion on the following: The relevant provision of the Trust Receipt Law or PD 115 provides: HEADING AND INTRODUCTION
BACKGROUND FACTS THAT ADEQUATELY INTRODUCE THE ISSUES IN THE CASE
THE POSITION YOU TAKE ON THOSE ISSUES
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Page 2 of 5 SEC.13. Penalty Clause.The failure of an entrustee to turn over the proceeds of the sale of goods, documents or instruments covered by a trust receipt to the extent of the amount owing to the entruster or as appears in the trust receipt or to return said goods, documents or instruments if they were not sold or disposed of in accordance with the terms of the trust receipt shall constitute the crime of estafa, punishable under the provisions of Article Three Hundred and Fifteen, Paragraph One (b), of Act Numbered Three Thousand Eight Hundred and Fifteen, as amended, otherwise known as the Revised Penal Code.xxx The related provisions of Section 1(b), Article 315 of the Revised Penal Code, under which the vi9olation is made to fall, states: ART. 315. Swindling (estafa).Any person who shall defraud another by any of the means mentioned herein below xxx: 1. With unfaithfulness or abuse of confidence, namely: xxx xxx
xxx
b. By misappropriating or converting, to the prejudice of another, money, goods or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property. From the above, the following are the elements of estafa involving a trust receipt: 1. The entrustee received the goods under a trust receipt from the entruster under an obligation to turn over the proceeds of the sale of goods or to return said goods; 2. The entrustee misappropriated or converted the goods by failing to turn over the proceeds of their sale or to return said goods to the entruster; 3. The misappropriation or conversion is to the prejudice of the entruster; and 4. The entruster made a demand on the entrustee. One of the elements of estafa involving a trust receipt is that the entrustee [in this case, you or Milan Furniture] received the goods under a trust receipt from the entruster [in this case, Century Bank] under an obligation to turn over the proceeds of the sale of the goods or to return said goods. The Trust Receipt Law, PD 115, provides in Section 11 that the liability for estafa under paragraph 1(b) of Article 315 of the Penal Code arises in case of the failure of an entrustee to turn over the proceeds of the sale of the goods or to return said goods. The trust receipt in this case, Annex A, echoes the above provisions of the Trust Receipt Law. Under it, Milan Furniture or you as its signatory, THE POSITION YOU TAKE ON THOSE ISSUES
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Page 3 of 5 undertook to turn over to the BANK the proceeds of the sale of the goods1 or, in case on non-sale, to return the goods covered by this Trust Receipt to the BANK upon its demand.2 But the terms of the trust receipt does not end there. The trust receipt, Annex A, gives Century Bank an option not to accept the return of the goods. In effect, Century Bank could chose to regard such goods already sold to Milan Furniture even though the latter could and wanted to return them. The seventh paragraph f the Trust Receipt, Annex A, thus reads: We agree that the BANK is not obliged to accept any return of the goods under this Trust Receipt by us or to consider any return thereof if accepted or demanded by the BANK, as satisfaction of our indebtedness to the BANK. Century Bank in fact availed itself of the above option. It opted not to accept the goods even when you offered to return them. Consequently, Century Bank should be deemed to have withdrawn its earlier demand that you or Milan Furniture pay or return the goods covered by said Trust Receipt immediately. Effectively, Century Bank chose by its action to consider the subject goods sold to Milan Furniture, altogether removing the transaction from the coverage of Section 13 of the Trust Receipt Law. The essence of the crime of conversion or misappropriation is that the offender to whom money or goods has been entrusted has unfaithfully or with abuse of confidence failed to return what was merely entrusted to him and appropriated it for his own. Here, neither Milan Furniture nor you could be considered as having unfaithfully or with abuse of confidence misappropriated and converted the goods subject of the trust receipt. Century Bank did not want those goods back. It had regarded them sold outright to Milan Furniture. The latters liability for the goods should, therefore, be considered purely civil. Moreover, Section 13 of the Trust Receipt Law provides that the failure of an entrustee to turn over the proceeds of the sale of the goods or to return said goods if they were not sold or disposed of in accordance with the terms of the trust receipt shall constitute the crime of estafa. The essence of the penal provision of the law, therefore, is that the entrusted [here, Century Bank] has entrusted the good to the entrustee [Milan Furniture or you] for him to sell. Once sold, the entrustee was to turn over the proceeds of the sale to the entruster. Section 13 does not embrace instances where the goods are turned over by the entrustor to the entrustee for the latters use in his own business. This is clear from the ruling of the Supreme Court in Colinares v. Court of Appeals3 that reads: _____________________
1 2
ARGUMENTS IN YOUR FAVOR
Third paragraph, Trust Receipt, Annex B. Id., fifth paragraph.
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Page 4 of 5 Also, noteworthy is the fact that Petitioners are not importers acquiring the goods for re-sale, contrary to the express provision embodied in the trust receipt. They are contractors who obtained the fungible goods for their construction project. At no time did title over the construction materials pass to the bank, but directly to the Petitioners from CM Builders Centre. This impresses upon the trust receipt in question vagueness and ambiguity, which should not be the basis for criminal prosecution in the event of violation of its provisions.4 In this case, on May 12, 2008 Century Bank agreed with Milan Furniture to open a letter of credit (LC) on the latters behalf to cover a shipment of hardwood from Vietnam for use in its manufacture of furniture. Notwithstanding that Milan Furniture imported the hardwood in question so it could use them in manufacturing furniture, Century Bank made you, a representative of your company, sign a trust receipt that made it appear as if Century Bank had turned over the hardwood to Milan Furniture for it to sell to others and to turn over to the bank the proceeds of the sale. The Supreme Court has long condemned such practice. Thus, it said in the Colinares case: The practice of banks of making borrowers sign trust receipts to facilitate collection of loans and place them under the threats of criminal prosecution should they be unable to pay it may the unjust and inequitable, if not reprehensible. Such agreements are contracts of adhesion which borrowers have no option to sign lest their loan be disapproved. The resort to this scheme leaves poor and hapless borrowers at the mercy of banks, and is prone to misinterpretation, as had happened in this case. Eventually, PBC showed its true colors and admitted that it was only after collection of the money as manifested by its Affidavit of Desistance.5 That the transaction was a loan is made clear from paragraph 1 of the agreement for the opening of a letter of credit between Century Bank and MHTI, Annex A. It provides that, in consideration of the opening of the letter of credit on behalf of Milan Furniture in the amount of US$39,060, the latter undertook to pay the bank on demand for all drafts drawn against such letter of credit, with 13% per annum. The title to the goods never really passed to the bank. Century bank did not import them from Vietnam; it merely opened a letter of credit for the benefit of Milan Furniture. The supplier shipped the hardwood to Milan Furniture under the cover of that letter of credit. In short, Century Bank merely provided the loan that financed the shipment. Since the transaction was a loan, Milan Furnitures liability to Century Bank should only be regarded as civil. The criminal action against you must fail. It is but fair and the investigating prosecutor or the court should see the point. _______________________
3 4
339 SCRA 609 (2000) At pp. 623. 5 Supra, at pp. 623-624.
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Page 5 of 5 A word of reservation: I base my opinion on the language of the laws involved as well as on settled judicial precedents. But, in the event the bank files criminal complaint against you, there is the chance, however small, that the public prosecutor may just decide to file it in court, subjecting you to the hassle, expense, and risk that criminal trials entail. But I am confident that, ultimately, you will be absolved. Please let me know if I can be of further service to you in this matter. Very truly yours, ANNA ELIZABETH A. DE DIOS There is one last point. Legal opinions have their limitations. You have to realize that not all legal disputes are best resolved through judicial remedies. Litigations are best avoided if the economics do not make sense as when your clients debtor is practically bankrupt. In such a case, your client would merely be throwing away good money after bad by incurring expenses for docket fees and attorneys fees with no hope of recovering anything. Further, a legal confrontation could irreparably damage relationships that may be far more valuable than the benefits derived from a judicial resolution of the dispute. Law is based on wisdom but law is not wisdom. _______________
CONCLUSION AND RECOMMENDATION
Source: Abad, Roberto. The Fundamentals of Legal Writing. 2009.
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SAMPLE: LEGAL OPINION
Page 1 of 3 OPINION NO. 51, S.2010 November 11, 2010 Secretary Rogelio L. Singson Department of Public Works and Highways Manila Dear Secretary Singson: This refers to your request for legal opinion on the amount of just compensation Mesdames Nelly S. Sarabia and Louce S. Ozoa are entitled to when their property was partially taken by the Department of Public Works and Highways (DPWH) in 2001 in connection with the Construction of the Metro Manila Flood Control Project West of Manggahan As a backgrounder, it appears that the DPWH offered the claimants to acquire their property needed as right-of-way in the construction of the Metro Manila Flood Control Project-West of Manggahan through a negotiated sale; that the latter accepted the value of P600.00 per square meter as just compensation based on the Bureau of Internal Revenue (BIR) zonal valuation of the property per certification dated December 15, 2004, of the Acting Revenue District Officer who classified it as agricultural lot; that however, when the claimants went to the BIR to pay the capital gains tax on the sale of the said property, it refused to accept the said payment based on the zonal valuation of land of P600.00 per square meter on the ground that the current zonal valuation of the property is P2,000.00 per square meter as shown by the certification previously issued by the BIR dated October 4, 2004, stating that the current zonal valuation of the said property is P2,000.00 per square meter and categorized it as residential in nature; that on account of the refusal of the BIR to accept the payment of the capital gains tax based on the zonal valuation of land of P600.00 per square meter, the Deed of Sale for the property cannot be registered in the Office of the Registry of Deeds for Taguig City resulting in the non-registration of the certificate of title of the property in the name of the Republic of the Philippines and the non-payment of just compensation to the claimants up to the present. It also appears that on July 4, 2007, the claimants executed a notarized Revocation and Rescission of the subject Deed of Sale invoking the Civil Code Provisions on void and inexistent contracts because of the two (2) conflicting zonal valuations issued by the BIR; that, however, the Office of the Solicitor General opined in its letter dated November 29, 2007, that the Deed of Sale executed by the parties is a perfected contract, and the fact that the BIR assessed a capital gains tax based on a higher zonal value does not affect the validity of the sale, and its mere inadequacy of the purchase price is not a valid ground for rescission. It further appears that to clarify the true zonal valuation for the subject property, the BIR stated in its BIR Technical Committee on Real Property Valuation (TCPRV) Resolution No. 172008 dated March 4, 2008, that pursuant to revenue Memorandum Order (RMO) No. 41-91 dated November 11, 1991, the actual consideration appearing on the Deed of Absolute Sale shall be an acceptable tax base in the computation of capital gains and documentary stamp taxes in cases of negotiated purchase and/or sale of land by a government agency or government-owned corporation; that, however, the Central IROW-Committee passed a resolution recommending the reformation of the Deed of Sale by adopting the P2,000.00 per square meter as the just compensation for the property based on equity and Article 1359 of the Civil Code, which provides that when there having been a meeting of the minds of the parties to a contract, their true intention is not expressed in the instrument purporting to embody the agreement, by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for reformation of the instrument to the end that such true intention may be expressed. With regret, this Department has to decline rendition of the requested opinion.
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Page 2 of 3 Please be informed that as a matter of policy and established precedents, this Department does not render opinion on questions of just compensation, which is a justiciable matter and could at best resolved only tentatively by the administrative authorities because the final decision rests not with them but with the courts of justice. (Secretary of Justie Opinion No. 95, s. 2002) Moreover, the specific issue raised in the instant query necessarily affects the substantive rights of private parties upon whom the opinion of the Secretary of Justice which is merely advisory in nature, has no binding effect, and who may, in all probability, contest the same in court if the opinion turns out to be adverse to the interests. Inasmuch as the matter herein might subsequently be the subject of judicial controversy, it is neither advisable nor proper for this Office to comment thereon. (Secretary of Justice Opinions No. 89, s. 1999 and No. 31, s. 1997) Further, the resolution of the issue would require us to pass upon the legality/validity of the action of the BIR relative to the payment of the capital gains tax and the refusal of the Registry of Deeds to register the Deed of Sale. Both the BIR and the register of Deeds of Taguig City are, however, beyond the revisory authority of the Department. Pursuant to settled practice and precedents, the Secretary of Justice does not render opinion or express any comments on questions involving the interpretation and/or application of administrative rules and regulations of other departments/offices over which he exercises neither supervisory nor revisory authority, unless requested by the issuing agencies/departments by reason of their familiarity with the intent and purposes of the issuance and the extent of the application thereof. (Secretary of Justice Opinions No. 88, s. 1998; No. 74, s. 1989) Nonetheless, for your information and guidance, we invite your attention to Section 7 of the Implementing Rules and Regulations (IRR) of R.A. No. 8974 which directs the Implementing Agency to offer as just compensation the price indicated in the current zonal valuation issued by the Bureau of Internal Revenue (BIR) for the area where the private property is located, to wit: Section 7. Negotiated Sale of Purchase. If the owner of the property needed for a ROW is not willing to donate his property to the government, the Implementing Agency shall negotiate with the owner for the purchase of the property, offering as just compensation the price indicated by the Bureau of Internal Revenue (BIR) for the area where the private property is located. (Emphasis supplied.) Just compensation has been described as the just and complete equivalent of the loss which the owner of the thing expropriated has to suffer by reason of the expropriation. (Bernas, Joaquin G., The 1987 Philippine Constitution, A Reviewer-Primer, 1997 Ed., pp. 118, citing Province of Tayabas v. Perez, 66 Phil. 467, 469 (1938)) The measure is not the takers gain, but the owners loss. (NPC v. Manubay Agro-Industrial, G.R. No. 150936, 18 August 2004) To compensate is to render something which is equal in value to that taken or received. The word just is used to intensify the meaning of the word compensation; to convey the idea that the equivalent to be rendered for the property taken shall be real substantial, full, and ample. (Jose Y. Feria and Maria Concepcion S. Noche, Civil Procedure Annonated, Vol. 2, 2001 Ed., p. 543; citing Manila Railroad Co. v. Velasquez, 32 Phil. 286, 313-314 (1915) and Province of Tayabas v. Perez, 66 Phil. 467 (1938) It includes not only the correct determination of the amount to be paid to the owner of the land but also the payment of the land within a reasonable period of time from its taking. (Ibid., p. 119, citing Municipality of Makati v. Court of Appeals, 190 SCRA 206, 213 (1990) Expressed differently, the compensation given to the owner is just if he receives for his property a sum equivalent to its market value (Ibid.) which, according to Section 6 (Section 6. Guidelines for Negotiated Sale. Should the implementing agency and the owner of the property agree on a negotiated sale for the acquisition of right-ofway, site or location for any national government infrastructure project, the standards prescribed under Section 5 hereof shall be used to determine the fair market value of the property, subject to review and approval by the head of the agency or department concerned. (Italics supplied.) of R.A. No. 8974, must be determined following the standards prescribed by Section 5 thereof.
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Page 3 of 3 Section 5 of R.A. No. 8974 reads as follows: Section 5. Standards for the Assessment of the Value of the Land Subject of Expropriation Proceedings or Negotiated Sale. In order to facilitate the determination of just compensation, the court may consider, among other well-established factors, the following relevant standards: (a) The classification and use for which the property is suited; (b) The developmental costs for improving the land; (c) The value declared by the owners; (c) The value declared by the owners; (d) The current selling price of similar lands in the vicinity; (e) The reasonable disturbance compensation for the removal and/or demolition of certain improvement on the land and for the value of improvements thereon; (f) This size, shape or location, tax declaration and zonal valuation of the land; (g) The price of the land as manifested in the ocular findings, oral as well as documentary evidence presented; and (h) Such facts and events as to enable the affected property owners to have sufficient funds to acquire similarly-situated lands of approximate areas as those required from them by the government, and thereby rehabilitate themselves as early as possible. Finally, it may not be amiss to state that it is an elementary rule in administrative law that administrative rules and regulations or policies enacted by administrative bodies to interpret the law which they are entrusted to enforce, have the force of law, and are entitled to grant weight and respect. (Rizal Empire Insurance Co. v. National Labor Relations Commission, 150 SCRA 565 (1987), Gonzales v Landbank of the Philippines, 183 SCRA 520 (1990); Nestle Philippines, Inc. v. Court of Appeals, 203 SCRA 504 (1991)) The best authority to interpret a rule is the source of the rule itself. (Bacobo v. Commission on Elections, 191 SCRA 576 (1990)) Since it appears that the two (2) conflicting zonal valuation of the land were both issued by the BIR over a span of only two (2) months, the best authority to interpret the rule on zonal valuation of the land is the source itself, which is the BIR. Thus, if the BIR state that the zonal valuation of the subject land is P2,000.00 per square meter, then the said valuation should be controlling. Very truly yours, (Sgd.) LEILA M. DE LIMA Secretary
Source: The Lawyers Review, 2010
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Legal forms trial memoranda
V. TRIAL MEMORANDA HOW TO WRITE A TRIAL MEMORANDUM: Note: Pre-work is indispensable to a substantial and convincing trial memorandum. It will do well for you, therefore, to go over the pleadings, the transcript of testimonies of the witnesses, and the documentary exhibits. Working on these materials, identify the legal dispute involved and based on it, draw up the principal issue in the case. From there, proceed to make an outline of the relevant facts that the opposing parties claim and pin point the issues that you need to address. (Abad, 2009) 1. 2. HEADING SUMMARY OF THE NATURE OF THE ACTION - Determine what actions were filed by the plaintiff against the defendant and other proceedings which the parties have undergone prior to the filing of the present action. (Ibid.) A SUMMARY OF THE FACTS OF THE CASE - This refers to the transaction or event that brought about the legal dispute and the lawsuit as seen from the opposing points of view of the parties. (Ibid.) - Read the materials and make an outline of the relevant facts of the case, arranging them the order of time and carefully narrating each if the parties version without veering towards any of the parties side. (Ibid.) - Determine the legal dispute by ascertaining what right of a party the other has violated. Afterwards, study the laws and rules involved in such dispute. (Abad, 2009) 4. STATEMENT OF RELEVANT ISSUES THAT THE PARTIES PRESENT FOR RESOLUTION - List down all the issues involved and identify the controlling issue or issues that, when resolved, will end the legal dispute. (Ibid.) AN ORDERLY PRESENTATIONS OF THE ARGUMENTS THAT SUPPORT YOUR CLIENTS POSITION
- Rough out your argument on a paper, using the balance sheet format (Ibid.). You need to be guided by your proposition or where you stand on the issue. Draft out arguments against you as well as those arguments in your favor. - Lastly, write your closing statement appealing to the good senses of the reader. Write up your memorandum introducing the issue/issues, arguments and closing statement. Edit your work to rid out of needless words. Below is the structure of a memorandum, opinion, brief, petition, comment, position paper, decision, or similar legal writing: (Ibid.) Statement of the Case Statement of the Facts Plaintiffs version of Defendants version the facts of the facts The issue or issues Body of Arguments Relief
3.
5.
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ILLUSTRATION 2: TRIAL MEMORANDUM: Page 1 of 7 Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Mandaluyong City, Branch 156 RAMON C. MARANAN, Plaintiff, -versusGONZALO REALTY CORP., Defendant x--------------------------------x DEFENDANTS MEMORANDUM Defendant, by counsel, respectfully submits its memorandum in the case: The Case Plaintiff Ramon C. Maranan filed this action for declaratory relief and damages against the defendant Gonzalo Realty Corporation, claiming that the Court needed to ascertain the rights of the parties under a contract of lease between them before its terms were violated. In its answer, Gonzalo Realty claimed that it did not authorize the contract of lease and that the action was improper for declaratory relief. The parties claimed moral damages and attorneys fees against each other. The Facts At the trial, Maranan gave his version of the events. He had been renting the land in question from Gonzalo Realty from April 1998 under a Contract of Lease, Exhibit A, (Transcript of Stenographic Notes, August 27, 2008, p.5). Ted Gonzalo, its president and director, represented Gonzalo Realty in that contract (id., p.6). The contract was for twenty-five years at P3,000.00 rent per month, which he had always paid. At the beginning Ted or Celia, his secretary, gave Maranan unofficial receipts for the rents but from August 2006 Gonzalo Realty began to give him official receipts (id., p.13). From September 2007, however, Gonzalo Realty refused to take his monthly rents, insisting that he should increase this P8,000 (id., p.14). Maranan went to Gonzalo Realtys office and asked Edmundo Gonzalo, its new president, to honor the contract signed by the former president, Ted Gonzalo. But Edmund and her sister, Judith Gonzalo, told him that the contract was void. Maranan had not since seen Ted Gonzalo. These events prompted him to file the present action. A second witness, Fred Simon testified that he had been paying Maranans rents to Susan, the secretary of Gonzalo Realty at its office and that, although Edmund knew of such payments, he did not object to them (Exh. H).
HEADING
SCA No. CV 0341
SUMMARY OF THE NATURE OF THE ACTION AND THE COURT PROCEEDING
A SUMMARY OF THE FACTS OF THE CASE
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Page 2 of 7 Judith Gonzalo, a stockholder, a member of the board of directors, and the corporate secretary of Gonzalo Realty (TSN January 30, 2009, p.5-6), presented her companys version. She served as company president from August 2006 to December 2007, succeeding her brother Ted (id., p.7) who served from 2000 to July 2006. Later, her other brother Edmund took over as president. Gonzalo Realty had been leasing lots and a building in San Dionisio, Baclaran and Tambo in Paranaque (id., p.8), including the two small lots subject of this case(id., p.9). Judith first learned of the lease of the two small lots to Maranan in 2006 when, on becoming Gonzalo Realtys president, she asked their secretary to instruct all the tenants to pay their rents directly to Gonzalo Realty and no longer to Ted. Beginning in August 2006 Maranan paid his rents to Gonzalo Realty, which issued him official receipts (id., p. 10; Exhs. B to B-19). The company did not issue the other receipts that Maranan presented in court (Exhs. D to D-34), some of which included official receipts issued by his brother Teds company, the TRG Enterprises (id., p.11). TRG stood for Ted R. Gonzalo. Gonzalo Realty did not authorize Ted to enter into the lease contract, Exh. A, with Maranan (id., p.12). Judith first saw it only in August or September 2007 while she was making her rounds of their properties. When Judith asked Maranan if they could already increase his rents, the latter produced a lease contract with Ted Gonzalo for twenty-five years at P2,000.00 rent per month with no escalation (id., p.13). As soon as she saw the contract, Judith wrote Maranan informing him of its invalidity and demanded an increase in his rent to P8,000.00 per month, subject to a 10% yearly increase (id., p.14). According to Gonzalo Realtys by-laws, its presidents powers were purely managerial or administrative (id., p.14; see Sections 4 and 5). This allowed him to lease corporate properties for not more than one year; for lease corporate properties for not more than one year; for leases over one year, the contracts had to pass Judith and be approved by the board of directors of the company (id., p. 15). In this case, the board learned of Maranans contract with Ted only in August 2007. It neither authorized nor ratified the contract (id., p.17). To defend itself against the suit, Gonzalo Realty had to hire the services of counsel for P100,000.00 and P3,000.00 for every hearing he attend (id., pp. 17-18). The Issues The Court defined the issues in this case in its pre-trial order as follows: 1. Whether or not the Contract of Lease executed by and between Ted Gonzalo and Ramon Maranan binds Gonzalo Realty; and 2. Whether or not either party is entitled to damages and attorneys fees. The Arguments I. TED GONZALO DID NOT HAVE AUTHORITY TO BIND GONZALO REALTY TO THE LONG-TERM LEASE AGREEMENT THAT HE SIGNED WITH MARANAN
STATEMENT OF RELEVANT ISSUES PARTIES PRESENT FOR RESOLUTION
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Page 3 of 7 Maranan claims that Gonzalo Realty is bound by the contract that he entered into with Ted Gonzalo since, as president of Gonzalo Realtys president in 1998 did not mean that all his acts were the acts of the corporation. Consider the following: First. Ted did not enter into the subject contract of lease on behalf of Gonzalo Realty, either as its president or as its agent. The portion of the contract, Exhibit A, which identified who the parties were to that agreement, shows that Maranan contracted only with Ted in the personal capacity. Thus This Contract is made and entered into by and between: TED R. GONZALO, of legal age, Filipino, married, with residence and postal address at 336 J.P. Rizal St., Mandaluyong City, hereinafter referred to as the LESSOR; -andRAMON C. MARANAN, of legal age, Filipino with residence and postal address at 478 Tangco St., Mandaluyong City, hereinafter referred to as the LESSEE. Since the above contract specified Ted Gonzalo as the lessor of the property, Maranan cannot pretend that he entered into that contract with Gonzalo Realty itself. The latters name does not appear on the face of the contract at all. As a businessman, Maranan is intelligent and his eyes were open. He should be held bound by the representations in that contract that he had dealt only with Ted in his personal capacity. Second: The contract falsely claimed that Ted owned the subject lots. The whereases clause unmistakably states: WITNESSETH: WHEREAS, the LESSOR [Ted Gonzalo] is the registered owner of two (2) parcel of land, covered and embraced by Lot 25, containing an area of 102 square meters and Lot 26 with an area of 15 square meters, both situated at Banaba Subdivision, Poblacion, Mandaluyong City. WHEREAS, the LESSEE desires to lease the above mentioned two (2) Lots and the Lessor is willing to lease the same unto said Lessee, under the following terms and conditions, to wit: XXX XXX XXX XXX Maranan testified that he knew that the two lots belonged to Gonzalo Realty even before he leased them (TSN, August 27, 2008, p. 29). He, therefore, acted with malice and bad faith when he nonetheless agreed to lease them from Ted under an understanding, which was a false one as Maranan very well knew, that Ted owned the property. A party who had acted in this way could not avail himself of any equitable relief from the consequences of his improper conduct. BODY OF ARGUMENTS
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Page 4 of 7 Third. It does not help Maranans case that he admitted in the course of re-cross that before he leased the property from Ted, he had seen the deed of exchange, Exhibit G, which Gonzalo Realty entered into with Acme Realty Corp. for a swap of the lots between them. Since the document was a sample of how Gonzalo Realty, a corporation, contracted with third persons, Maranan was familiar with the form used. Indeed, he admitted that he read the front portion of the deed of exchange and saw that, although the contracting party was Gonzalo Realty, the document declared that Ted, its president, represented it in the transaction. Still, when it came to the two lots that Maranan allegedly leased from Gonzalo Realty, he went along with the idea that Ted would act on his own, in a personal capacity, rather than as Gonzalo Realtys representative. Maranan could not, therefore, claim ignorance of what it took to bind a corporation to a contract. He knew that the lease contact did not bind Gonzalo Realty. Fourth: Even if Maranan and Ted had wanted the latter to bind Gonzalo Realty into that contract, still Ted could not do so. Section 23 of the Corporation Code vests in the board of directors the corporate powers of a corporation, including the power of control over all its properties. Sec.23. The board of directors or trustees.Unless otherwise provided in this Code, the corporate powers of all corporations formed under this Code shall be exercised, all business conducted and all property of such corporation controlled and held by the board of directors or trustees to be elected from among the holders of stocks, or where there is no stock, from among the members of the corporation, who shall hold office for one (1) year and until their successors are elected and qualified. As president, Ted only had powers of general administration under the corporations by-laws (TSN, January 30,2007, p.14). Article 1877 of the Civil Code governs the scope of his authority. Thus: Art. 1877. An agency couched in general terms comprises only acts of administration, even if the principal should state that he withholds no power or that the agent may execute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited management. Consequently, with his limited powers, Ted could not encumber the properties of the corporation for a twenty-five-year lease with no adjustments in rent. Such is not an act of general administration. Indeed, Article 1878 (8) of the Civil Code provides that a person acting for his principal, like Ted acting for Gonzalo Realty, needs a special power of attorney to lease any real property to another for more than one year. Thus:
BODY OF ARGUMENTS
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Page 5 of 7 Art. 1878. Special powers of attorney are necessary in the following cases: XXX XXX XXX XXX 8. To lease any real property to another person for more than one year; XXX XXX XXX XXX Here, neither the complainant nor the contract of lease states that Ted had been empowered with a special power of attorney approved by the Board of Directors of Gonzalo Realty to lease its two lots to Maranan for twenty-five years with no change in rental. Fifth. Assuming that Ted had the authority to enter into longterm lease contracts on behalf of Gonzalo Realty even without a special power of attorney from its board of directors (a point that is not conceded), still he could not have bound Gonzalo Realty to the particular contract subject of this case. Article 1883 of the Civil Code provides that, if an agent acts in his own name, the principal has not right of action against the persons with whom the agent has contracted; neither have such persons against the principal. Here, clearly, Ted acted in his own name. Consequently, Maranan had no right of action against Gonzalo Realty. II. GONZALO REALTY HAS NOT RATIFIED THE CONTRACT OF LEASE BETWEEN TED GONZALO AND MARANAN Maranan next claims that Gonzalo Realty should be considered as having ratified the contract in question considering how it had received monthly rents from him as evidenced by the receipts that it issued. But Gonzalo Realty could not ratify a contract that it did not know existed. Judith Gonzalo testified that they learned of the contract of lease between Ted and Maranan only in August 2006and Gonzalo Realty lost no time to assail it. Indeed, neither Maranan nor his warehouseman, Fred Simon, testified to having previously discussed with Judith or Edmund Gonzalo, whom they knew were directors and later presidents of the company, the matter of the twenty-five year contract of lease. Nor could Maranan capitalize on the fact that he had faithfully paid monthly rentals of P2,000.00 for the property from 2003 to August 2007. Consider the following: 1. As Judith Gonzalo testified, when she took over from Ted as president of Gonzalo Realty in August 2006, she simply continued to have the rentals collected from the known existing tenants on their properties. She had assumed, in the absence of any written contract in the files of the corporation, that these tenants were, consistent with Guillermos limited authority, on a month-to-month lease only since they were paying rents on a monthly basis.
BODY OF ARGUMENTS
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Page 6 of 7 Consequently, Maranan cannot infer from the fact of Gonzalo Realtys receipt of rentals from him beginning in August 2006 that it had knowledge and approved of his 2003 contract of lease. Only when Maranan invoked his alleged twenty-five year contract with Ted and sent a copy of it to Gonzalo Realty around August 2007 did the latter learn of its existence. And Gonzalo Realty promptly informed Maranan that the contract was void. 2. The receipts that Maranan got for the rents he paid are consistent with Gonzalo Realtys lack of knowledge of the contract and his occupation of the property in 2003. The paper trail of receipts he offered is interesting and proves this point. Consider the following: First. The lease evidently ran for over two years from April 2003 to July 2006 as a secret, illicit agreement solely between Maranan and Ted. The receipts corresponding to this period were mostly unofficial, written on scratch papers of various sizes (Exhs. D to D-34). In some cases, official receipts had been issued but these were in the name of TRG Enterprises, a business that belonged to Ted. TRG stood for Ted R. Gonzalo. For five years, therefore, Maranan and Ted actually cheated Gonzalo Realty of earnings from its property. Second. Official receipts from Gonzalo Realty appeared only from August 2006, consistent with Judith Gonzalos testimony that only from that month did their company begin to collect rents from Maranan (Exhs. B to B-19). She testified that they assumed that Maranan had been leasing the property on a month-to-month basis and they collected rents from him in good faith on the basis of that belief. III. GONZALO REALTY IS ENTITLED TO DAMAGES For having instituted this baseless and malicious suit, Maranan should be held liable to Gonzalo Realty for moral damages and attorneys fees. WHEREFORE, defendant Gonzalo Realty respectfully prays the Court to render judgment: Corporation
BODY OF ARGUMENTS
1. Dismissing the petition for lack of merit; and 2. Ordering plaintiff Ramon C. Maranan to pay defendant moral damages of P1 million and attorneys fees of P100,000.00 plus appearance fee for counsel at P3,000.00 per hearing. [Explanation: A copy of this memorandum has been served on the adverse party by registered mail in view of the distance and the absence of a messenger who could make a personal service.]
RELIEF
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Page 7 of 7 Manila for Muntinlupa City, May 12, 2009. ISABELA H. FONTANILA Counsel for Gonzalo Realty Corp. 2nd Flr. Olympia Bldg 445 Buendia Avenue Makati City Atty. Roll No. 23456 IBP 544498 12-21-09 PTR 8723254 01-02-09 MCLE Compliance III-295 Email: ihfontanilla@yahoo.com
Copy furnished: Atty. Shaira A. Cruz 346 President Avenue Paraaque City
Source: Abad, Roberto. The Fundamentals of Legal Writing. 2009.
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Index
LEGAL ETHICS Legal ethics Sources of ethical standard I. PRACTICE OF LAW Four-Fold Duties of a Lawyer Administrative Complaint 11 Amicus curiae par excellence 2 Amicus curiae 2 Assumpsit 2 Attorney ad hoc 2 Attorney in Fact 2 Attorney of record 2 Attorney 8 Attorney-at-law 2 Attorney-Client Relationship 4 Bar association 2 Bar Matter 1161 6 Bar 1 Bench 1 Client 3 Compensation 4 Contempt (Civil) 13 Contempt (Criminal) 13 Contempt (Direct) 12 Contempt (Indirect) 12, 13, 14 Contempt of Court 11, 12 Continuing Requirements 8 Counsel de parte 2 Counsel/attorney de officio 2 Declaratory Relief 11, 12 Disqualification 11 Estafa 11, 12 Habituality 4 In-house or house counsel 2 Katarungang Pambarangay 11 Law student practice rule 8 Lawyers oath 17 Lead counsel 2 Notarial Act 4 Obligations of a newly constituted lawyer 8 Of Counsel 2 Petition for Injunction 11, 12 Power to disbar 13 Practice of law 1 Practicing lawyer 1 Private practice 5 Private prosecutor 3 Pro se 3 Pro Se 10 Public officials 15 Public prosecutor 3 Sharia Bar 6, 7 Small Claims Court 11 Solicitor General 16 Trial lawyer 3 A. The Lawyer and the Society 19 20 1 1 II. DUTIES AND RESPONSIBILITIES OF A LAWYER Two-fold Aspects of power of contempt
13
Adverse-interest conflicts 39 Ambulance chasing 26 Any matter 39 Barratry 26 Canon 1 20 Canon 1, Rule 1.01 21 Canon 1, Rule 1.02 25 Canon 1, Rule 1.03 26 Canon 1, Rule 1.04 27 Canon 2 27 Canon 2, Rule 2.01 28 Canon 2, Rule 2.02 32 Canon 2, Rule 2.03 32 Canon 2, Rule 2.04 34 Canon 3 35 Canon 3, Rule 3.01 35 Canon 3, Rule 3.02 35 Canon 3, Rule 3.03 36 Canon 3, Rule 3.04 36 Canon 4 37 Canon 5 37 Canon 6 37 Canon 6, Rule 6.01 38 Canon 6, Rule 6.02 38 Canon 6, Rule 6.03 38 Congruent-interest representation conflicts 39 Crime of maintenance 26 Deceitful conduct 23 Defenseless 28 Dishonest Conduct 21 free legal aid services 29 Free Legal Assistance Act of 2010 31 Gross Immoral Conduct 21 Grossly immoral(ity) 23, 24 Immoral conduct 21, 23 Immoral Conduct 21 Indigent and pauper litigants 29 Indirect solicitation 33 Intervene 39 Just debts 23 Legal advice 32 Legal Aid Cases 29 Mandatory Legal Aid Service 28 Moral turpitude 25 Morality 23 Oppressed 28 Practicing lawyers 28
UNIVERSITY OF SANTO TOMAS ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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R.A. 9999 Rule of Law Rule on Mandatory Legal Aid Services Unlawful Conduct 31 20 28 21 D. The Lawyer and the Client Acceptance fee Appearance Attorney-Client Relationship Canon 14 Canon 14, Rule 14. 01 Canon 14, Rule 14. 02 Canon 14, Rule 14. 03 Canon 14, Rule 14.04 Canon 15 Canon 15, Rule 15.01 Canon 15, Rule 15.02 Canon 15, Rule 15.03 Canon 15, Rule 15.04 Canon 15, Rule 15.05 Canon 15, Rule 15.06 Canon 15, Rule 15.07 Canon 15, Rule 15.08 Canon 16 Canon 16, Rule 16.01 Canon 16, Rule 16.02 Canon 16, Rule 16.03 Canon 16, Rule 16.04 Canon 17 Canon 18 Canon 18, Rule 18.01 Canon 18, Rule 18.02 Canon 18, Rule 18.03 Canon 18, Rule 18.04 Canon 19 Canon 19, Rule 19.01 Canon 19, Rule 19.02 Canon 19, Rule 19.03 Canon 20 Canon 20, Rule 20.01 Canon 20, Rule 20.02 Canon 20, Rule 20.03 Canon 20, Rule 20.04 Canon 21 Canon 21, Rule 21.01 Canon 21, Rule 21.02 Canon 21, Rule 21.03 Canon 21, Rule 21.04 Canon 21, Rule 21. 05 Canon 21, Rule 21.06 Canon 21, Rule 21.07 Canon 22 Canon 22, Rule 22.01 Canon 22, Rule 22.02 Champertous contract charging lien Collaborating Counsel Compromise Concurrent or multiple representations Confidence Confidentiality Rule 99 95 66, 83 68 69 69 71 72 73 76 73 78 79 80 81 81 82 82 83 85 85 87 87 89 89 90 90 90 92 93 94 94 95 96 103 103 105 106 107 107 108 108 108 108 108 109 111 112 102 104 89 93 76 106 73
B. The Lawyer and the Legal Profession Canon 7 Canon 7, Rule 7.01 Canon 7, Rule 7.02 Canon 7, Rule 7.03 Canon 8 Canon 8, Rule 8.01 Canon 8, Rule 8.02 Canon 9 Canon 9, Rule 9.01 Canon 9, Rule 9.02 Integrated Bar of the Philippines Integration of the Bar fitness to practice law Privileges and Duties of a Lawyer Board of Governors Membership Membership dues C. The Lawyer and the Courts Administrative complaint Canon 10 Canon 10, Rule 10.01 Canon 10, Rule 10.02 Canon 10, Rule 10.03 Canon 10, Rule 10.04 Canon 11 Canon 11, Rule 11.01 Canon 11, Rule 11.02 Canon 11, Rule 11.03 Canon 11, Rule 11.04 Canon 11, Rule 11.05 Canon 12, Canon 12, Rule 12.01 Canon 12, Rule 12.02 Canon 12, Rule 12.03 Canon 12, Rule 12.04 Canon 12, Rule 12.05 Canon 12, Rule 12.06 Canon 12, Rule 12.07 Canon 12, Rule 12.08 Canon 13 Canon 13, Rule 13.01 Canon 13, Rule 13.02 Canon 13, Rule 13.03 Cardinal condition of criticism Forum shopping certification Forum-shopping Proper authorities Witness 58 51 52 53 53 53 54 56 56 56 57 58 59 60 60 62 62 63 63 64 64 65 65 65 66 59 61 60 58 63 40 45 45 46 47 48 49 50 50 50 40 40 46 47 40 43 44
276
Index
Conflict search Contingency fee arrangement Contingent fee Contingent contract Counsel de Officio Damages, kinds Doctrine of imputed knowledge Extraordinary attorney's fee fiduciary duty Fixed or absolute fee General appearance General retainer/retaining fee Hot Potato Doctrine Lawyer- Referral System Notice to counsel is notice to client rule Ordinary attorney's fee plea of guilty Principal Types of Professional Activity Privilege communication Quantum meruit Retainer Retaining lien Secret Sequential or successive representation Special appearance Special retainer Conflict of Interest, test Conflict of Interest, types III. DISCIPLINE OF LAWYERS Admonition Censure Deceit Disbarment Gross Immorality Gross Misconduct Grossly Immoral Conduct Interim Suspension Malpractice Moral Turpitude Non-professional misconduct Probation Reprimand Sui Generis Suspension Warning IV. READMISSION TO THE BAR Reinstatement 127 114 114 116 114 116 116 116 115 116 117 117 115 114 118 114 114 76 101 96 102 70 112 91 98 84 96 95 101 111 103 91 98 92 67 74 97 100 103 106 77 95 101 76 76 V. MANDATORY CONTINUTING LEGAL EDUCATION MCLE Non-Participatory Credit Participatory Credit VI. NOTARIAL PRACTICE Acknowledgement Affirmation/Oath Commission Copy Certification Competent Evidence of Identity Jurats Loose notarial certificate Notarial Certificate Notarial Commission Notarial Register Notary Public Regular Place of Business Signature Witnessing 136 137 135 139 144 138 140 140 135 141 133 143 138 131 131 131
JUDICIAL ETHICS I. PRELIMINARY De Facto Judge De Jure Judge Judge Judicial Deportment Judicial Ethics Proper Judicial Conduct 147 147 147 147 147 148
II. NEW CODE OF JUDICIAL CONDUCT Any proceeding Canon 1, Independence Canon 1, section 1 Canon 1, section 2 Canon 1, section 3 Canon 1, section 4 Canon 1, section 5 Canon 1, section 6 Canon 1, section 7 Canon 1, section 8 Canon 2, Integrity Canon 2, section 1 Canon 2, section 2 Canon 2, section 3 Canon 3, Impartiality Canon 3, section 1 Canon 3, section 2 Canon 3, section 3 Canon 3, section 4 Canon 3, section 5 158 148 149 150 150 151 151 152 152 152 152 153 153 154 154 155 156 156 157 158
277

Canon 3, section 6 Canon 4, Propriety Canon 4, section 1 Canon 4, section 2 Canon 4, section 3 Canon 4, section 4 Canon 4, section 5 Canon 4, section 6 Canon 4, section 7 Canon 4, section 8 Canon 4, section 9 Canon 4, section 10 Canon 4, section 11 Canon 4, section 12 Canon 4, section 13 Canon 4, section 14 Canon 4, section 15 Canon 5, Equality Canon 5, section 1 Canon 5, section 2 Canon 5, section 3 Canon 5, section 4 Canon 5, section 5 Canon 6, Competence and Diligence Canon 6, section 1 Canon 6, section 2 Canon 6, section 3 Canon 6, section 4 Canon 6, section 5 Canon 6, section 6 Canon 6, section 7 Cold neutrality of an impartial judge Dignified conduct Disqualification, types Duty to sit Extra-judicial source rule Individual Judicial Independence Institutional Judicial Independence Inhibition Judges Family Rule of Necessity Ticket fixing Undue interference III. CODE OF JUDICIAL CONDUCT Adjudicative Responsibilities Canon 1 Canon 1, Rule 1.01 Canon 1, Rule 1.02 Canon 1, Rule 1.03 Canon 2 Canon 2, Rule 2.01 Canon 2, Rule 2.02 Canon 2, Rule 2.03 Canon 2, Rule 2.04 Canon 3 Canon 3, Rule 3.01 179 178 178 178 178 178 178 179 179 179 179 179 Acknowledgement Business Forms Certificate of Non-Forum Shopping Document Judicial Forms Jurat Pleading Prayer Private Document Proof of service, form Public Document Scilicet / S.S. Verification 192 192 196 192 192 193 194 195 192 196 192 192 198 159 161 161 163 164 164 164 165 165 165 166 167 167 168 168 168 169 170 170 170 170 171 171 172 172 173 174 175 175 176 177 155 163 159 156 155 149 149 160 151 157 166 156 Canon 3, Rule 3.02 Canon 3, Rule 3.03 Canon 3, Rule 3.04 Canon 3, Rule 3.05 Canon 3, Rule 3.06 Canon 3, Rule 3.07 Canon 3, Rule 3.08 Canon 3, Rule 3.09 Canon 3, Rule 3.10 Canon 3, Rule 3.11 Canon 3, Rule 3.12 Canon 3, Rule 3.13 Canon 4 Canon 4, Rule 4.01 Canon 5 Canon 5, Rule 5.01 Canon 5, Rule 5.02 Canon 5, Rule 5.03 Canon 5, Rule 5.04 Canon 5, Rule 5.05 Canon 5, Rule 5.06 Canon 5, Rule 5.07 Canon 5, Rule 5.08 Canon 5, Rule 5.09 Canon 5, Rule 5.10 Disqualification Extrajudicial Appointments Fiduciary Activities Financial Disclosure IV. DISCIPLINE OF MEMBERS OF THE JUDICIARY Impeachment Inefficiency Less serious charges Light charges Reinstatement Serious Misconduct Serious charges LEGAL FORMS I. COMMON FORMS 184 185 187 187 19 184 187 180 180 180 180 180 180 180 180 180 180 181 181 181 181 182 182 182 182 182 182 183 183 183 183 183 181 183 183 183
278
Index
II. BUSINESS FORMS Contracts Conveyance Corporation, forms Deed Holographic will Negotiable instruments, forms Notarial will Partnership, forms Power of attorney, general Power of attorney, special Will, forms III. JUDICIAL FORMS Affiant Affidavit Affidavit of Good Faith Affidavit of Merit Answer Answer with special and affirmative defenses and counterclaim Answer with specific denial under oath Answer with third party complaint Certificate of candidacy Certificate of preliminary investigation Certiorari Comment/Opposition to offer Complaint Complaint for collection of sum of money Complaint for ejectment Complaint for interpleader Complaint for judicial partition of estate Complaint for replevin Complaint for unlawful detainer Complaint with several causes of action Counter-affidavit Criminal Action Criminal Complaint Declaratory Relief Demurrer to evidence Election forms Election protest General form of information Habeas corpus Information Legal Opinion Mandamus Motions Motion for Bail Motion for extension Motion for Judgment on the Pleadings Motion for new trial 223 223 225 224 233 234 236 235 256 257 241 254 230 236 238 233 237 232 231 234 249 248 247 243 229 255 257 249 236 250 258 244 225 229 228 226 228 199 199 213 204 220 220 221 218 211 212 220 Motion for postponement of hearing 227 Motion to declare defendant in default 226 Motion to dismiss 227 Motion to intervene 228 Motion to lift order of default 227 Motion to quash 229 Motions 230 Notice of Appeal 254 Petition 235 Petition for Adoption 236 Petition for change of name 240 Petition for Certiorari 242 Petition for extradition 246 Petition for guardianship 237 Petition for habeas data 239 Petition for Habeas Corpus 237 Petition for writ of Amparo 238 Probate of will 245 Prohibition 243 Quo Warranto 246 Trial Memoranda 267 Writ of amparo 237 Writ of habeas data 240 Substitution of Counsel 254
279
Bibliography
Abad, Roberto A. Fundamentals of Legal Writing. Quezon City: Central Book Supply, Inc. 2009. Agpalo, Ruben E. Legal and Judicial Ethics. Quezon City: Rex Printing Company, Inc. 2009. Aguirre, Vyva Victoria M. Legal and Judicial Ethics : A Pre Week Reviewer. Quezon City : Quicklaw. 2006. Albano, Judge Ed Vincent S. and Albano II, Ed Vincent A. Bar Reviewer in Legal Ethics. Quezon City: Rex Printing Company, Inc. 2004. Antiquiera, Eldrid C. Comments on the Code of Professional Responsibility for Lawyers. Manila, Philippines : Rex Book Store. 2007. Code of Professional Responsibility (Annotated), Philippine Judicial Academy. Funa, Dennis B. Legal and Judicial Ethics : With Bar Examination Questions. Quezon City : Central Book Supply. 2009. Guevara, Sulpicio. Legal Forms Annotated. Quezon City: Rex Printing Company, Inc. 1991. Lapea Jr., Nicolas P. Bar Review Guide in Legal and Judicial Ethics. Quezon City: Central Book Supply. 2009. Pamaran, Manuel R. Trial Practice in Philippine Courts. Quezon City: Central Book Supply, Inc. 2004. Pao, Ernani Cruz. Bar Reviewer in Legal and Judicial Ethics. Quezon City: Rex Printing Company, Inc. 2005. Philippine Judicial Academy. ABA-Rule of Law Initiative and the UP Law Center-Institute of Judicial Admin. New Code of Judicial Conduct for the Philippine Judiciary Annotated. 2007. Pineda, Ernesto. Judicial Ethics. Quezon City: Central Book Supply, Inc. 2009. Pineda, Ernesto. Legal Ethics. Quezon City: Central Book Supply, Inc. 2009. Pineda, Ernesto. Legal and Judicial Ethics. Quezon City: Central Book Supply, Inc. 1999. Suarez, Rolando A. Legal Forms. Manila: Rex Bookstore. 2007. Tabucanan, Gil Marvel P., Legal Writing: A Competency-Based Approach. Manila, Philippines. 2010. Te, Theodore O., Pleadings, Petitions, Motions and Other Judicial and Legal Forms. 2007. http://www.chanrobles.com http:// www.lawphil.net http:// sc.judiciary.gov.ph
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Judicial Ethics New Code of Judicial Conduct

Note: If the consultation is purely on an academic or hypothetical basis, and the judge does not surrender his or her independent decision making, there can be no breach of Sections 2 and 3 of Canon 1 of the New Code.
Sec. 4, Canon 1, NCJC: Judges shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge. Q: What is the purpose of Sec. 4 Canon 1 of NCJC? A: It is intended to ensure that judges are spared from potential influence of family members by disqualifying them even before any opportunity for impropriety presents itself. Q: What does the term judges family include? A: 1. 2. 3. 4. 5. 6. 7. Judges spouse Son Daughter Son-in-law Daughter-in-law Other relative by consanguinity or affinity within the sixth civil degree, or Person who is a companion or employee of the judge and who lives in the judgeshousehold (NCJC of the Philippine Judiciary-Annotated, February 2007)
Sec. 5, Canon 1, NCJC: 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.
Note: Affirms the independence of the judiciary from the two other branches of government.
Q: Is it enough that a judge is free from inappropriate connections with executive and legislative branches of the government? A: No. Judges must also appear to be free from such to a reasonable observer.
Note: Mere congeniality between a judge and a government official may not necessarily be unethical, but it may still create the appearance of impropriety.
Q: Several employees of the city government of Quezon City were appointed and assigned at the office of the Clerk of Court-MeTC QC to assist the organic staff of the Judiciary. However, the executive judge of MeTC QC, in view of a reorganization plan, returned those employees to different offices of QC government saying that the court is already overstaffed. The judge also requested the QC Mayor to re-employ the laid off employees. Did the judge commit any improper conduct? A: Yes. An executive judge has no authority to cause the transfer of court employees as the jurisdiction to do so is lodge solely upon the SC through the Office of the Court Administrator. This is so because of the need to maintain judicial independence. Moreover, a judge shall be free from inappropriate connections with and influence from the executive and legislative branch. Here, the judge did not act independently of the LGU when she asked the Mayor of QC to re- employ the displaced employees instead of informing the SC through the OCA of the need to streamline her court of its personal needs (Alfonso v. Alonzo-Legasto, A.M. No. MTJ 94-995, Sept. 5, 2002)
Note: Judicial independence is the reason for leaving exclusively to the Court the authority to deal with internal personnel issues, even if the court employees in question are funded by the local government(Bagatsing v. Herrera, G.R. No. L-34952, July 25, 1975)
Q: When is a judges disqualification to sit in a case mandatory? A: When the judge is related to one of the parties within the sixth degree of consanguinity or affinity.
Note: Judges should ensure that their family members, friends and associates refrain from creating the impression that they are in a position to influence the judge. Judges should, therefore, at all times remind themselves that they are not in the judiciary to give out favors but to dispense justice. They should also make it clear to the members of their family, friends and associates that they will neither be influenced by anyone, nor would they allow anyone to interfere in their work.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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UST Golden Notes 2011

Sec. 6, Canon 1, NCJC: Judges shall be independent in relation to society in general and in relation to the particular parties to a dispute which he or she has to adjudicate.
Note: It is desirable that the judge should, as far as reasonably possible, refrain from all relations which would normally tend to arouse suspicion that such relations warp or bias his judgment, and prevent an impartial attitude of minds in the administration of judicial duties.Judges should not fraternize with litigants and their counsel; they should make a conscious effort to avoid them in order to avoid the perception that their independence has been compromised. A judges act of sending his staff to talk with the complainant and show copies of his draft decisions, and his act of meeting with litigants outside the office premises beyond office hours violate the standard of judicial conduct required to be observed by members of the bench. (Tan v. Rosete, A.M. No. MTJ-04-1563, Sept. 8, 2004)
1. 2. 3.
4.
Have the mastery of the principles of law, Discharge their duties in accordance with law, Are permitted to perform the duties of the office undeterred by outside influence, and Are independent and self-respecting human units in a judicial system equal and coordinate with the other two departments of the government (Borromeo v. Mariano, G.R. No. 16808, Jan. 3, 1921).
Judges must remain conscious of their character and reputation as judges and should avoid anything which will indignify their public positions and demean the institution to which they belong, in whatever atmosphere or environment they may happen to be.
Note: The judge should always be imbued with a high sense of duty and responsibility in the discharge of his obligation to promptly and properly administer justice. He must view himself as a priest for the administration of justice is akin to a religious crusade(Dimatulac v. Villon, G.R. No. 127107, Oct. 12, 1998)
Q: Are judges allowed to join religious and professional organizations? A: Yes. Section 6, Canon 1 of the NCJC does not require a judge to live a hermits life. Judges should socialize and be sensitive to social concerns and developments. They may join religious or professional organizations but their membership in these organizations should not interfere with their judicial tasks. Sec. 7, Canon 1, NCJC: Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and enhance the institutional and operational independence of the judiciary. Sec. 8, Canon1, NCJC: Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the judiciary, which is fundamental to the maintenance of judicial independence.
Note: Sections 7 and 8 of Canon 1 are intended to serve as catch-all provisions for all other acts that would guarantee the independence of the judiciary. There can be no sure guarantee of judicial independence than the character of those appointed to the Bench.
CANON 2, NCJC- INTEGRITY INTEGRITY IS ESSENTIAL NOT ONLY TO THE PROPER DISCHARGE OF THE JUDICIAL OFFICE, BUT ALSO TO THE PERSONAL DEMEANOR OF JUDGES.
Note: A judge should act with integrity and behave with integrity at all times so as to promote public confidence in the integrity of the judiciary.
Q: Is integrity required only in the discharge of judicial duties? A: No. Integrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor of judges. (Canon 2, NCJC)
Note: The integrity of the judiciary rests not only upon the fact that it is able to administer justice but also upon the perception and confidence of the community that people who run the system have done justice. Justice must not be merely done but must also be seen to be done. (Panaligan v. Judge Ibay, A.M. No. TJ-06-1972, June 21, 2006) Note: In the Judiciary, moral integrity is more than a cardinal virtue, it is a necessity (Pascual v Bonifacio, AM No. RTJ-01-1625, March 10, 2003).
Q: Who are good judges? A: Good judges are described as those who:
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Judges must be models of uprightness, fairness and honesty (Rural Bank of Barotac Nuevo, Inc v. Cartagena, A.M. No. 707-MJ, July 21, 1978) Note: Under the 1989 Code, the values of INTEGRITY and INDEPENDENCE were grouped together, but the New Code of Judicial Conduct separated them to emphasize the need to maintain a life of PERSONAL and PROFESSIONAL INTEGRITY in order to properly carry out their judicial functions.
A: Yes. A judge must take care not only to remain true to the high ideals of competence and integrity his robe represents, but also that he wears one in the first place. (Chan v. Majaducan A.M. No. RTJ-02-1697 October 15, 2003) Sec. 2, Canon 2,NCJC: The behavior and conduct of judges must reaffirm the peoples faith in the integrity of the Judiciary. Justice must not merely be done, but must also be seen to be done. A judge has the duty to not only render a just and impartial decision, but also render it in such a manner as to be free from any suspicion as to its fairness and impartiality, and also as to the judges integrity. While judges should possess proficiency in law in order that they can completely construe and enforce the law, it is more important that they should act and behave in such a manner that the parties before them should have confidence in their impartiality. (Sibayan-Joaquin v. Javellana, A.M. No. RTJ-001601, Nov. 13, 2001)
Note: A judge must not only be honest but must also appear to be so; not only be a good judge, but also a good person. (Dawa v. De Asa, A.M. No. MTJ-981144, July 22, 1998)
Q: What is the presumption as regards judges? A: Judges are presumed honest and, are men of integrity, unless proven otherwise. Section 1, Canon 2, NCJC: 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. Q: Is the maintenance of the courts integrity the sole duty of the judge? A: No, it is also the duty of court personnel to see to it that its integrity is unblemished.
Note: A judges personal behavior, both in the performance of his duties and in his daily life, must be free from any appearance of impropriety as to be beyond reproach.
Q: Judge Ferdinand Marcos of RTC Cebu is married to Rotilla with whom he begot 2 children. However, during a Fun Run sponsored by Philippine Judges Association (PJA), Judge Marcos appeared with a woman other than his wife whom he even introduced to Justice Davide as his living partner. Should the judge be disciplined? A: Yes. The Code of Judicial Conduct requires a judge to be the embodiment of integrity, and to avoid appearance of impropriety in all activities. Here, Judge Marcos conduct of flaunting his mistress is a conduct unbecoming of a judge. By living with a woman other than his legal wife, Judge Marcos has demonstrated himself to be wanting in integrity, thus, unfit to remain in office and continue discharging the functions of a judge (Re: Complaint of Mrs. Rotilla A. Marcos and Her Children against Judge Ferdinand J. Marcos, RTC, Br. 20, Cebu City, A.M. No. 97-2-53 RTC, July 6, 2001). Q: May a judge be admonished for not wearing the judicial robe in the performance of judicial functions?
Q: Justice Mariano Del Castillo was charged with plagiarism, twisting of cited materials, and gross neglect in connection with the decision he wrote for the court in G.R. No. 162230, entitled Vinuya v. Romulo. Petitioners, members of the Malaya Lolas Organization, seek reconsideration of the decision of the Court dated October 12, 2010 that dismissed the said complaint. Petitioners claim that the Court has by its decision legalized or approved of the commission of plagiarism in the Philippines. Should the respondent justice be held guilty for plagiarism? A: No. A judge writing to resolve a dispute, whether trial or appellate, is exempted from a charge of plagiarism even if ideas, words or phrases from a law review article, novel thoughts published in a legal periodical or language from a partys brief are used without giving attribution. Thus judges are free to use whatever sources they deem appropriate to resolve the matter before them, without fear of reprisal. This exemption applies to judicial writings intended to decide cases for two reasons: the judge is not writing a literary work and, more importantly, the purpose of the writing is to resolve a dispute. As a result, judges adjudicating cases are not subject to a claim of legal plagiarism.
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Although as a rule, practicing lawyers receive compensation for every pleading or paper they file in court or for every opinion they render to clients, lawyers also need to strive for technical accuracy in their writings. They should not be exposed to charges of plagiarism in what they write so long as they do not depart, as officers of the court, from the objective of assisting the Court in the administration of justice. (In matter of the Charges of Plagiarism etc.. Against Associate Justice Mariano C. Del Castillo, A.M. No. 10-7-17-SC, February 8, 2011) Sec. 3, Canon 2, NCJC: Judges should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware. Q: Can a judge punish lawyers and court personnel for their misbehavior? A: Yes. A judge may summarily punish any person including lawyers and court personnel, for direct contempt for misbehavior committed in the presence of or so near a court or a judge as to obstruct or interrupt the proceedings before the same. (Rule 71, Revised Rules of Court) He may also punish any person for indirect contempt after appropriate charge and hearing, for acts enumerated under Section 3, Rule 71 of the Rules of Court. Q: What is the judges duty with respect to court employees? A: A judge should constantly keep a watchful eye on the conduct of his employees. His constant scrutiny of the behavior of his employees would deter any abuse on the part of the latter in the exercise of their duties. The slightest breach of duty by and the slightest irregularity in the conduct of court officers and employees detract from the dignity of the courts and erode the faith of the people in the judiciary. (Buenaventura v. Benedicto, A.C. No. 137-5, Mar. 27, 1971)
Note: Judges should not be lenient in the administrative supervision of employees. As an administrator, the judge must ensure that all court personnel perform efficiently and promptly in the administration of justice. (Ramirez v. CorpuzMacandog, A.M. No. R-351-RTJ, Sept. 26, 1986) All court personnel, from the lowliest employees to the clerks of court, are involved in the dispensation of justice like judges and justices, and parties seeking redress from the courts for grievances look upon them also as part of the judiciary. In performing their duties and responsibilities, court personnel serve as sentinels of justice, that any act of impropriety they commit immeasurably affects the honor and dignity of the judiciary and the people's confidence in the judiciary. They are, therefore, expected to act and behave in a manner that should uphold the honor and dignity of the judiciary, if only to maintain the peoples confidence in the judiciary. (Guerrero v. Ong, A.M. No. P-09-2676, Dec. 16, 2009)
Q: Can a judge dismiss court personnel? A: No. The power to dismiss a court employee is vested in the Supreme Court. (Dailay-Papa v. Almora, A.M. Nos. 543-MC and 1525-MJ, Dec. 19, 1981) Q: While Judge Tuparin was in his chambers dictating an order to a stenographer, two lawyers who were in the courtroom waiting for the start of the session almost came to blows as a result of a heated argument. Tuparin came out of his chambers and after identifying the lawyers involved in the commotion promptly declared them in contempt of court. Was the action of Judge Tuparin proper? A: No. The act committed by the two lawyers was indirect contempt violative of the rule punishing any improper conduct tending directly or indirectly, to impede, obstruct, or degrade the administration of justice, since the judge was then engaged in dictating an order before the morning session was called. The act of the two lawyers constituted obstruction of the administration of justice, which was indirect contempt. Accordingly, they could only be punished after notice and hearing. CANON 3, NCJC -IMPARTIALITY 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.
Q: Is impartiality applicable only to the decision rendered by the judge? A: No. 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. (Canon 3, NCJC)
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Q: What is the principle of cold neutrality of an impartial judge? A: A judge should not only render just, correct, and impartial decision but should do so in a manner free from suspicion as to his fairness, impartiality and integrity. This is an indispensable requisite of due process. (Rallos v. Gako, A.M. No. RTJ-98-1484, Mar. 17, 2000)
Note: A judge has both the duty of rendering a just decision and the duty of doing it in a manner completely free from suspicion as to his fairness and as to his integrity.
A. No. For a judge to be inhibited, allegations of partiality and pre-judgment must be proven by clear and convincing evidence. Here, mere allegation that the judge arbitrarily issued the TRO without presenting evidence showing bias on his part is not sufficient. While Judge Santiago acted in excess of his jurisdiction when he issued the TRO for such should only be enforceable within his territorial jurisdiction, such error may not necessarily warrant inhibition at most it is correctible by certiorari(Dimo Realty & Development, Inc. v. Dimaculangan, G.R. No. 130991, Mar. 11, 2004). Q: What should the complainant show in order to sustain the charge of bias on the part of the judge? A: The complainant must show that the resulting opinion of the judge is based on extra-judicial source. Q: What is the extra-judicial source rule?
Sec. 1, Canon 3,NCJC: Judges shall perform their judicial duties without favor, bias or prejudice.
Note: It is the duty of all judges not only to be impartial but also to appear impartial.
Q: Who has the burden of proof to show bias or prejudice? A: The burden of proof lies with the complainant to show that there is bias sufficient to be a ground for inhibition.
Note: There is Bias or Prejudice when the resulting opinion is based upon an extrajudicial source: that is, some influence other than the facts and law presented in the courtroom.
A: It means that the decision is based on some influence other than the facts and law presented in the courtroom. Q: A motion to inhibit Judge Dicdican was filed on the ground of partiality and bias on his part for allegedly denying a motion to hear affirmative defenses thereby denying the movant the opportunity to be heard. Should the judge be inhibited? A: No. Judge Dicdican cannot be charged with bias and partiality, merely on the basis of his decision not to grant a motion for a preliminary hearing. Allegations and perceptions of bias from the mere tenor and language of a judge are insufficient to show pre-judgment. Moreover, as long as opinions formed in the course of judicial proceedings are based on the evidence presented and the conduct observed by the judge, such opinion even if later found to be erroneous on appeal or made with grave abuse of discretion on certiorari will not necessarily prove personal bias or prejudice on the part of the judge. To allow inhibition for such reason would open floodgates to abuse. Here, the denial of the motion to hear affirmative defenses is based on the Rules of Court which provides that preliminary hearing of defenses is discretionary, hence the judge cannot be charged with partiality on the basis of such decision. (Gochan v. Gochan, G.R. No. 143089, Feb. 27, 2003)
Q: What is the degree of proof required to prove bias and prejudice on the part of the judge? A: The complainant must prove the same by clear and convincing evidence since allegations of bias are quite serious. Mere allegations are not sufficient to constitute a violation of the rule. Q: A filed an action for specific performance with the RTC of Quezon City, presided by Judge Santiago, against X corporation asking for the delivery of the title of 1 subdivision lot in Batangas which lot was given to him in payment for his services as geodetic surveyor. Meanwhile X Corporation filed with MTC of Batangas an action for an unlawful detainer against certain lot buyers on motion of A. Judge Santiago issued TRO against X Corp. and Judge of MTC and enjoining the latter from proceeding with the case. X Corp. now filed a motion to inhibit the judge on the ground that he arbitrarily issued such TRO, but without presenting evidence showing partiality on the part of the judge. Should the judge be inhibited?
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Sec. 2, Canon 3, NCJC: Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and of the Judiciary.
Note: No judge should handle a case in which he might be perceived, rightly or wrongly, to be susceptible to bias and impartiality. His judgment must not be tainted by even the slightest suspicion of improbity or preconceived interest. The rule is aimed at preserving at all times the faith and confidence in courts of justice by any party to the litigation. (Urbanes, Jr. v. C.A., G.R. No. 117964, Mar. 28, 2001)
reconsideration, absolving Banco Filipino from paying the expenses of production of documents, and suggesting to Banco Filipino what evidence to present to prove its case, transgressed the boundaries of impartiality. Thus, the judge should inhibit himself. (Ty v. Banco Filipino Savings and Mortgage Bank, et. al., G.R. Nos. 149797-98, Feb. 13, 2004) Q: Can a trial judge ask questions from witnesses? A: It is within the sound discretion of the trial judge to ask questions from witnesses, if only to clarify what may appear to him to be vague points in the narration. Questions designed to avoid obscurity in the testimony or to elicit additional relevant evidence are not improper. The judge may aptly need to intervene in the presentation of evidence in order to expedite the resolution of a case and prevent unnecessary waste of time. Judges, however, should be extremely careful so as not to be misunderstood, and they must refrain from making comments, remarks or suggestions that could lead to even the slightest suspicion that he is thereby unduly assisting a party or counsel. (Paco v. Quilala, A.M. No. RTJ-02-1699, Oct. 15, 2003)
Note: In disposing of a criminal case, a judge should avoid appearing like an advocate for either party. It is also improper for the judge to push actively for amicable settlement against the wishes of the complainant. A judges unwelcome persistence makes the judge vulnerable to suspicions of favoritism. (Montemayor v. Bermejo, Jr.,A.M. No. MTJ-04-1535, Mar. 12, 2004) Note: Stating to his court staff and the Public Assistance Office (PAO) lawyer that he is proaccused particularly concerning detention prisoners, the judge opened himself up to suspicion regarding his impartiality. (OCA v. Judge Floro, A.M. No. RTJ-99-1460, March 31, 2006)
Q: When is there undue interference by the judge? A: There is undue interference where the judges participation in the conduct of the trial tends to build or to bolster a case of one of the parties. Q: Banco Filipino filed a complaint for reconveyance of property against Ty and Tala Realty Services Corp., which complaint was dismissed on the ground of lack of jurisdiction. However, on motion for reconsideration filed by Banco Filipino, the case was reinstated and the judge even relieved Banco Filipino from its obligation to prove service of its motion for reconsideration and presumed actual receipt of the same by the other party. Thereafter, the judge directed the respondents to present certain documents within a certain period of time despite failure of Banco Filipino to tender the costs for such production and inspection. Tala then filed a motion for inhibition but the same was denied by the judge. Did the judge commit any improper conduct? A: Yes. The rule is that a judge may not be legally prohibited from sitting in litigation, but when circumstances appear that will induce doubt to his honest actuations and probity in favor of either party, or incite such state of mind; he should conduct a careful self-examination. He should exercise his discretion in a way that the people's faith in the courts of justice is not impaired. The better course for the judge under such circumstances is to disqualify himself. That way, he avoids being misunderstood; his reputation for probity and objectivity is preserved. What is more important, the ideal of impartial administration of justice is lived up to. Here, the judge, by assuming actual receipt by the respondents of proof of service of the motion for
Sec. 3, Canon 3,NCJC: Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on which it will be necessary for them to be disqualified from hearing or deciding cases. Q: What is meant by duty to sit? A: It means that a judge must ensure that he will not be unnecessarily disqualified from a case. Q: May a judge inhibit himself as he pleases?
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A: No. A decision to inhibit must be based on good, sound or ethical grounds, or for just and valid reasons. It is not enough that a party cast some tenuous allegations of partiality at the judge. Q: What is the Rule of Necessity? A: It states that a judge is not disqualified to sit in a case where there is no other judge available to hear and decide the case. Furthermore, when all judges will be disqualified as a result, it will not be permitted to destroy the only tribunal with the power in the premises. The doctrine operates on the principle that a basic judge is better than no judge at all. It is the duty of the disqualified judge to hear and decide the case regardless of objections or disagreements. (Parayno v. Meneses, G.R. No. 112684, Apr. 26, 1994) Sec. 4, Canon 3, NCJC: Judges shall not knowingly, while a proceeding is before or could come before them, make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process. Nor shall judges make any comment in public or otherwise that might affect the fair trial of any person or issue.
Note: A judges language, both written and spoken, must be guarded and measured, lest the best of intentions be misconstrued. (Fecundo v. Berjamen, G.R. No. 88105, December 18, 1989)
A: Yes. The judges statement in the decision acquitting Bayongan to the effect that the crime was committed by Martinez renders it impossible for the judge to be free from suspicion that in deciding the case he will be biased. (Martinez v. Gironella, G.R. No. L-37635, July 22, 1975) Q: Justice Antonio Carpio penned a decision regarding the invalidity of the amended joint venture agreement between Public Estates Authority (PEA) and Amari Coastal Bay Development Corporation saying that the agreement is unconstitutional as PEA cannot transfer ownership of a reclaimed land to a private corporation. Amari now filed a motion to inhibit Justice Carpio on the ground of bias and pre-judgment allegedly because he had previously wrote in his column in Manila Times a statement to the effect that the law requires public bidding of reclaimed projects and that the PEA-Amari contract is flawed for it was not bid by the PEA. Decide on the motion. A: The motion to inhibit must be denied for three reasons: 1. The motion to inhibit must be denied if filed after a member of the court had already rendered his opinion on the merits of the case. Here,the motion was filed after Justice Carpio had already rendered a decision; The ratio decidendi of the decision was not based on his statements on the column. Here, the decision was based on constitutional grounds and not in the absence of public bidding; and Judges and justices are not disqualified from participating in a case just because they have written legal articles on the law involved in the case. (Chavez v. PEA, G.R. No. 133250, May 6, 2003)
2.
Q: What is the reason for the rule? A: This Section warns judges against making any comment that might reasonably be expected to affect the outcome of the proceedings before them; or those that the judge may later decide but not yet before him; or "impair the manifest fairness of the process. Q: A murder case was filed against Martinez, Duclan and Bayongan. As the first two were not apprehended, trial proceeded with respect to Bayongan. Thereafter, Judge Girronella rendered a decision acquitting Bayongan saying that he had no participation in the commission of the crime as the crime was committed by Martinez. Subsequent to the acquittal, Martinez surrendered and was arraigned before the same court presided by Judge Girronella. A Motion for inhibition was then filed on the ground of partiality saying that the judge has already formed an opinion as to who committed the crime. Should the judge be inhibited?
3.
Q: Are judges absolutely prohibited from making comments? A: No. Not all comments are impermissible. Judges may express their open-mindedness regarding a pending issue in cases where the judges comments do not necessarily favor one side over the other.
Note: Judges should avoid side remarks, hasty conclusions, loose statements or gratuitous utterances that suggest they are prejudging a case. Judges should be aware that the media might consider them a good and credible source of opinion
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or ideas, and therefore should refrain from making any comment on a pending case. Not only is there danger of being misquoted, but also of compromising the rights of the litigants in the case. serious misconduct and ordered dismissed from the bench before he was able to rescue himself(Oktubre v. Velasco A.M. No. MTJ-0202-1444, July 20, 2004)
Sec. 5, Canon 3, NCJC: Judges shall disqualify themselves from participating in any proceeding in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. Q: What does the phrase any proceedings include?
4.
The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein (Sec. 5(d), Canon 3, NCJC);
Note: The restriction extends to judges who served as lawyers in closely related cases.
5. A: Such proceedings include, but are not limited to instances where: 1. The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings (Sec. 5(a), Canon 3, NCJC);
Note: The rule also requires disqualification if a judge has outside knowledge of disputed facts. To be a ground for disqualification, the knowledge must be obtained extra-judicially like out-of-court observations. This prohibition also disallows extra-judicial research on the internet. Litigants are entitled to a judge who will decide on the merits of the facts presented.
The judges ruling in a lower court is the subject of review (Sec. 5(e), Canon 3, NCJC);
Note: An associate justice of the Court of Appeals refused to inhibit himself from reviewing the decision in a case which he had partially heard as a trial judge prior to his promotion, on the ground that the decision was not written by him. The Supreme Court upheld his refusal, but nevertheless commented that he "should have been more prudent and circumspect and declined to take on the case owing to his earlier involvement in the case. The Court has held that a judge should not handle a case in which he might be perceived, rightly or wrongly, to be susceptible to bias and prejudice. (Sandoval v. CA, G.R. No. 106657, Aug. 1, 1996)
2.
The judge previously served as a lawyer or was a material witness in the matter in controversy(Sec. 5(b), Canon 3, NCJC);
Note: A judge may be disqualified if he was formerly associated with one of the parties or their counsel. A judge who previously notarized the affidavit of a person to be presented as a witness in a case before him shall be disqualified from proceeding with the case.
6. The judge is related by consanguinity or affinity to a party litigant within the 6th civil degree or to counsel within the 4th civil degree (Sec. 5(f), Canon 3, NCJC); or
Note: A preliminary injunction issued by a judge in favor of his sister before inhibiting himself was found reprehensible. (Hurtado v. Judajena, G.R. No. L-40603, July 13, 1978) No judge should preside in a case which he is not wholly free, disinterested, impartial and independent. (Garcia v. De La Pena. A.M. No.MTJ-92-637. February 9, 1994) 7.
3.
The judge, or a member of his or her family, has an economic interest in the outcome of the matter in controversy (Sec. 5(c), Canon 3, NCJC);
A municipal judge who filed complaints in his own court for robbery and malicious mischief against a party for the purpose of protecting the property interests of the judges co-heirs, and then issued warrants of arrest against the party, was found guilty of
The judge knows that his or her spouse or child has a financial interest as heir, legatee, creditor, fiduciary or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings. (Sec. (g), Canon 3, NCJC)
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Note: This rule is intended to ensure judges impartiality by preventing situations in which a judge must consider familial interests in the conflicts before him or her. If the public is aware of a family members financial interest, the public may question the judges impartiality
cognizance of the petition is improper. (Villaluz v. Mijares, A.M. No. RTJ -98-1402 288, Apr. 3, 1998)
Note: A judge improperly presided over the preliminary investigation of a criminal complaint wherein the complaining witness was his nephew. The high court held that the judge should have inhibited himself, because while conducting preliminary investigation may not be construed strictly as sitting in a case, the underlying reason behind his disqualification under the code of judicial conduct and Sec. 1 of Rule 137 are the same. (Perez v. Suller, A.M. No. MTJ-94-436, Nov. 6, 1995) Note: Judges no longer conduct preliminary investigations. (A.M. No. 05-8-26-SC, Oct.3, 2005)
Q: When Atty. Rojas was appointed as a judge, he inherited a criminal case in which he acted as prosecutor. He explained that his delay in inhibiting himself from presiding on that case was because it was only after the belated transcription of the stenographic notes that he remembered that he handled that case. He also says that the counsels did not object and he never held full-blown hearings anyway. Should Judge Rojas be reprimanded? A: Yes. The Rules of Court prevent judges from trying cases where they acted as counsel without the consent of the parties. This prevents not only a conflict of interest but also the appearance of impropriety on the part of the judge. Here, the judge should not have taken part in the proceeding as his impartiality will naturally be questioned considering that he previously handled the case as prosecutor. He should administer justice impartially & without delay. The prohibition does not only cover hearings but all judicial acts (e.g. orders, resolutions) some of which, Judge Rojas did make.(Re: Inhibition of Judge Eddie R. Rojas, A.M. No. 98-6-185-RTC, Oct. 30, 1998) Q: Judge Mijares was charged with grave misconduct for taking cognizance and deciding a special proceeding for correction of entry in the record of her grandson, notwithstanding such relationship. It was also alleged that the judge dispensed with the publication requirement in said proceeding. In her answer, Judge Mijares contended that the prohibition provided for under the Code does not apply to special proceeding which is not controversial in nature and since she does not have any pecuniary interest in the case. Is the contention correct? A: No. A judge who is related to a party within the 6th degree of consanguinity is mandated to inhibit himself from hearing the case notwithstanding lack of pecuniary interest in the case. This is so because lack of such interest does not mean that she can already be free from bias and partiality in resolving the case by reason of her close blood relationship as evident from the fact that here, she waived the publication requirement in order to save the petitioner from the payment of publication fee. Thus, the judges taking
Q: What degree of compliance is required by the rule under Canon 3, Section 5 of NCJC? A: Strict compliance of the rule is required so as to protect the rights of the parties and assure an impartial administration of justice, as well as to prevent erosion of the people's confidence in the judiciary. (Marfil v. Cuachon, A.M. No. 2360-MJ, Aug. 31, 1981) Q: Are the grounds for disqualification of a judge enumerated under Sec. 5 of Canon 3 exclusive? A: No. The provision provides that it is not limited to the grounds therein provided. Sec. 6, Canon 3, NCJC: A judge disqualified as stated above may, instead of withdrawing from the proceeding, disclose on the records the basis of disqualification. If, based on such disclosure, the parties and lawyers, independently of the judges participation, all agree in writing that the reason for inhibition is immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings. Q: What are the types of disqualification? A: 1. 2. Mandatory or compulsory disqualification Voluntary disqualification or inhibition
Note: A judge may, in the exercise of his sound discretion, disqualify himself, for just and valid reasons other than those mentioned under Rule 137 of the Rules of Court (2nd Paragraph of Sec. 1, Rule 137, RRC).
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Q: What is inhibition? A: An act when a judge personally prevents himself from taking cognizance of the case. This is made through a written petition to inhibit which shall state the grounds for the same. The explanation of the judge whether or not to take cognizance of the case must also be in writing.
Note: If the judge inhibits himself from taking cognizance of the case, the same cannot be appealed. However, the judge should not immediately inhibit himself. He should make a careful examination by first taking into consideration the following: 1. General consideration whether or not peoples faith in the judicial system will be impaired Special consideration He must reflect on the probability that the losing party will nurture at the back of his mind that he tilted the scale of justice
3.
When he has been an executor, guardian, administrator, trustee, or counsel; or When he has presided in an inferior court where his ruling or decision is subject to review, without the written consent of the parties. (Rule 137, RRC)
4.
Q: When may a judge voluntarily inhibit himself? A: The judge may in his discretion inhibit himself, for just and valid reasons other than the grounds for mandatory disqualification. The rule on voluntary disqualification or inhibition is discretionary upon the judge on the basis of his conscience. This leaves the discretion to the judge to decide for himself questions as to whether he will desist from sitting in a case for other just and valid reasons with only his conscience to guide him, unless he cannot discern for himself his inability to meet the test of cold neutrality required of him, in which event the appellate court will see to it that he disqualifies himself. A decision to disqualify himself is not conclusive and his competency may be determined on application for mandamus to compel him to act. Judges decision to continue hearing a case in which he is not legally prohibited from trying notwithstanding challenge to his objectivity may not constitute reversible error. Q: Does the filing of an administrative case against a judge disqualify him from sitting in a case? A: No, it does not automatically disqualify him. It must be shown that there are other acts or conducts by the judge which constitute a ground for his disqualification. Q: May mandamus lie to compel a judge to inhibit himself? A: Yes, a judge may by mandamus be compelled to act on questions regarding his disqualification from sitting in a case. Q: When should the petition to disqualify be filed? A: The petition to disqualify a judge must be filed before rendition of the judgment, and cannot be raised on appeal. Otherwise, the parties are deemed to have waived any objection regarding the impartiality of the judge.
2.
Q: What are the distinctions disqualification and inhibition? A: DISQUALIFICATION There are specific grounds enumerated under the rules of court for disqualification. The judge has no discretion; mandatory
between
INHIBITION The rule only provides broad basis for inhibition. The rule leaves the matter to the judges sound discretion
Note: The second paragraph of Section 1, Rule 137 does not give the judge the unfettered discretion to decide whether or not he will desist from hearing a case. The inhibition must be for just and valid causes. The mere imputation of bias or partiality is not enough ground for a judge to inhibit, especially when the same is without any basis. (People v. Kho G.R. No. 139381, April 20, 2001)
Q: What are the grounds for mandatory disqualification? A: 1. When he, or his wife, or child is pecuniarily interested as heir, legatee, creditor, or otherwise; When he is related to either party within th the 6 degree of consanguinity or affinity or to counsel within the 4th civil degree;
2.
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Q: A judge rendered a decision in a criminal case finding the accused guilty of estafa. Counsel for the accused filed a motion for reconsideration which was submitted without arguments. Later, another lawyer entered his appearance for the accused. The judge issued an order inhibiting himself from further sitting in the case because the latter lawyer had been among those who recommended him to the bench. Can the judges voluntary inhibition be sustained? A: The judge may not voluntarily inhibit himself by the mere fact that a lawyer recommended him to the bench. In fact, the appearance of said lawyer is a test as to whether the judge can act independently and courageously in deciding the case according to his conscience. Inhibition is not allowed at every instance that a friend, classmate, associate or patron of a presiding judge appears before him as counsel for one of the parties to a case. Utang na loob, per se, should not be a hindrance to the administration of justice. Nor should recognition of such value in Philippine society prevent the performance of ones duties as judge. However, in order to avoid any suspicion of partiality, it is better for the judge to voluntarily inhibit himself. (Query of Executive Judge Estrella T. Estrada, Regional Trial Court of Malolos, Bulacan, on the Conflicting Views of Regional Trial Court Judges Masadao and Elizaga Re: Criminal Case No. 4954-M, A.M. No. 87-9-3918-RTC October 26, 1987) Q: Does a judges active participation during the hearing of the writ of preliminary injunction amount to an evident display of his bias and partiality in favor of the private respondents and should he therefore disqualify himself from further hearing the civil case? A: No. Mere intervention of the respondent judge during the hearing of preliminary injunction by simply asking the materiality of a question directed upon the witness and ruling against the petitioners are within the prerogatives and powers of the judge. The fact that the judge asked questions in the course of the trial does not make him a biased judge (Hizon v. DelaFuente, G.R. No. 152328, Mar. 23, 2004). Q: What is remittal of disqualification? A: A judge disqualified may, instead of withdrawing from the proceeding, disclose in the records the basis of disqualification. If, based on such disclosure, the parties and lawyers, independently of the judges participation, all agree in writing that the reason for the inhibition is immaterial or insubstantial; the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings. (Sec. 6, Canon 3, NCJC) Q: What are the requirements for a judge to continue hearing a case despite the existence of reasons for disqualifications? A: 1. The bona fide disclosure to the parties in litigation; and The express acceptance by all the parties of the cited reason as not material or substantial. CANON 4, NCJC- PROPRIETY PROPRIETY AND THE APPEARANCE OF PROPRIETY ARE ESSENTIAL TO THE PERFORMANCE OF ALL THE ACTIVITIES OF A JUDGE.
Note: The judges own perception of motives is not relevant when considering appearance of impropriety.
2.
Sec. 1, Canon 4, NCJC: Judges shall avoid impropriety and the appearance of impropriety in all of their activities.
Note: The public holds judges to higher standards of integrity and ethical conduct than lawyers and other persons not invested with public trust.
Q: What does the Code prohibit? A: It prohibits not only actual impropriety but even the mere appearance of impropriety. Q: When can one say that there is an appearance of impropriety? A: When the conduct of a judge would create in reasonable minds a perception that the judges ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired.
Note: Acts done by a judge which are not illegal may still constitute a violation of this rule.
Q: Cite examples of acts of a judge which are not illegal but will constitute a violation of this rule.
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A: 1. The act of a judge of hearing cases on a day when he is supposed to be on official leave. (Re: Anonymous complaint Against Judge EdmundoAcua, A.M. No. RTJ-041891, July 28, 2005) Photograph showing the judge and a subordinate coming out of a hotel together even if there was no clear evidence of sexual congress between them is enough to give rise to the appearance of impropriety that the code strongly warns against. (Liwanag v. Lustre, A.M. No. MTJ-98-1168, Apr. 21 1999) Joking remark made by a judge to a litigant suggesting that the litigant prove he harbored no ill feelings towards the judge. (Co v. Plata, A.M. No. MTJ-03-1501, Mar. 14, 2005) influence the outcome of his brothers election protest, it cannot be denied that his presence in the courtroom during the hearing of his brothers case would immediately give cause for the community to suspect that his being a colleague in the judiciary would influence the judge trying the case to favor his brother. (Vidal v. Judge Dojillo Jr., A.M. No. MTJ-05-1591, July 14, 2005)
Note: The Judges act in riding in defendants car deserves the stern probation of the Court. By such act, he openly exposed himself and the office he holds to suspicion, thus impairing the trust and faith of the people in the administration of justice. A judges official conduct should be free from the appearance of impropriety and his personal conduct and behavior should be beyond reproach. (Spouses Cabreana v. Avelino A.M. No. 1733 CFI September 30, 1981)
2.
3.
Q: Judge Lee was charged with conduct unbecoming of a judge for habitually using vulgar words especially when solemnizing marriage. It was alleged that in a certain marriage ceremony he made a comment that the bride and the groom should sexually satisfy each other so that his or her partner will not look for another. In his answer the judge contended that as solemnizing officer, it was his duty to so advice the couple, and his lecture about sex was intended for purposes of family planning and to forewarn the parties as to the cause of marital failure. Should the judge be disciplined? A: Yes. A judge shall avoid impropriety and appearance of impropriety in all his activities. Here, the advice of the judge using vulgar words during a wedding is not to be expected of a judge. Such gutter-language is even rarely heard in slums. When used by a judge, respect for the entire judiciary plummets to the levels where the people would begin to doubt the moral standards of judges and their capacity and fitness to dispense justice. (Hadap v. Lee, A.M. No. 1665MJ, June 29, 1982) Q: During the hearing of an election protest filed by the brother of Judge Dojillo, the latter sat beside the counsel of his brother allegedly to give moral support. Did the judge commit any improper conduct? A: Yes. The judge violated the rule on impropriety under the NCJC Sec 1 Canon 4 for even if he did not intend to use his position as a judge to
Q: Judge Duque of the RTC was charged with Impropriety, Corruption and Gross Misconduct. Reyes alleged that she was a party-inintervention in Land Registration filed by the Philippine Savings Bank against the spouses Choi. In a Decision, Judge Duque granted the motion for the issuance of a writ of possession in favor of the bank. Complainant Reyes filed an Urgent Petition for Lifting and Setting Aside of Writ of Possession and Quashal of Notice to Vacate claiming that she bought the subject property from the spouses Choi and that she was in actual possession of the property with full knowledge of the bank. At the hearing, Atty. Ubana, the lawyer of Reyes, introduced her to Judge Duque who allegedly gave Reyes 30 days to settle matters with the bank. She was unable to re-negotiate with the bank. Reyes then allegedly received a phone call from Judge Duque and he instructed Reyes to go to his house and bring some money in order that he can deny the pending motion to break open. When she already had the money, she went to his house. The son of Judge Duque opened the gate. At his house, Judge Duque demanded money from her. Another incident happened, whereby Reyes went to the house of Judge Duque for the payment of a sum of money. Judge Duque allegedly scolded her for not bringing the whole amount. Judge Duque then locked the main door of his house and asked Reyes to step into his office. Judge Duque held the waist of Reyes, embraced and kissed her. Reyes tried to struggle and free herself. Judge Duque raised her skirt, opened her blouse and sucked her breasts. He touched her private parts and attempted to have
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sexual intercourse with Reyes. Reyes shouted for help but the TV was too loud. As a desperate move, Reyes appealed to Judge Duque saying: kung gusto mo, huwag dito. Sa hotel, sasama ako sayo. Judge Duque suddenly stopped his sexual advances and ordered Reyes to fix her hair. Is the respondent judge guilty of impropriety and gross misconduct? A: Yes. Judges should avoid impropriety and the appearance of impropriety in all of their activities. Judges should conduct themselves in a way that is consistent with the dignity of the judicial office. Judges, like any other citizen, are entitled to freedom of expression, belief, association and assembly, but in exercising such rights, they should always conduct themselves in such a manner as to preserve the dignity of the judicial office and the impartiality and independence of the judiciary. The conduct of Judge Duque fell short of the exacting standards for members of the judiciary. He failed to behave in a manner that would promote confidence in the judiciary. Considering that a judge is a visible representation of the law and of justice, he is naturally expected to be the epitome of integrity and should be beyond reproach. Judge Duques conduct indubitably bore the marks of impropriety and immorality. He failed to live up to the high moral standards of the judiciary and even transgressed the ordinary norms of decency of society. Had Judge Duque not retired, his misconduct would have merited his dismissal from the service. (Reyes v. Duque, A.M. No. RTJ-08-2136 , September 21, 2010) Sec. 2, Canon 4, NCJC: As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges shall conduct themselves in a way that is consistent with the dignity of the judicial office.
Note: Membership in the judiciary circumscribes ones personal conduct and imposes upon him certain restrictions, the faithful observance of which, is the price one has to pay for holding such a distinguished position. Accordingly, a magistrate of the law must comport himself in a manner that his conduct must be free of a whiff of impropriety, not only with respect to the performance of his official duties, but also to his behavior outside his sala and as a private individual. His conduct must be able to withstand the most searching public scrutiny, for the ethical principles and sense of propriety of a judge are essential to the preservation of the peoples faith in the judicial system lest public confidence in the judiciary would be eroded by the incompetent, irresponsible and negligent conduct of judges. (Bayaca v. Judge Ramos, A.M. No. MTJ-07-1676, Jan. 29, 2009)
Q: What is a dignified conduct? A: Dignified conduct is best described as conduct befitting men and women possessed of temperance and respect for the law and for others. Q: Judge Gonzales together with his two male friends went to the house of A and asked the two girls who were then boarding in As house to accompany his two male friends and take a stroll in the beach. When the girls refused, the judge admonished them. Consequently, the judge was charged with conduct unbecoming of a judge. Will the action prosper? A: Yes. A judge should so comport himself as not to degrade or bring embarrassment to his office. Here, Judge Gonzales act of imposing his will on the complainants constitutes conducts unbecoming of a judge who should be civil, humble and considerate of the rights of others. (Mariano v. Gonzales, A.M. No. 2180-MJ 114, May 31, 1982)
Note: In every litigation, the manner and attitude of a judge are crucial to everyone concerned. It is not for him to indulge or even to give the appearance of catering to the at-times human failing of yielding to first impressions. He is to refrain from reaching hasty conclusions or prejudging matters. It would be deplorable if he lays himself open to the suspicion of reacting to feelings rather than to facts, of being imprisoned in the net of his own sympathies and predilections. His language, both written and spoken, must be guarded and measured, lest the best intentions be misconstrued. He should avoid such action as would subject him to suspicion of interest in a case in his court. It is of utmost importance that a judge must preserve the trust and confidence reposed in him by the parties as an impartial, unbiased and dispassionate dispenser of justice. When he conducts himself in a manner that gives rise, fairly or unfairly, to perceptions of bias, such faith and confidence are eroded. His decisions, whether right or wrong, will always be under suspicion of irregularity. (Abesa v. Judge Nacional, A.M. No. MTJ-05-1605, June 8, 2006)
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Finally, Justice Hernandez berated Atty. Pangalangan, the father of former UP Law Dean Raul Pangalangan, and uttered words such as Just because your son is always nominated by the JBC to Malacaang, you are acting like that! Do not forget that the brain of the child follows that of their (sic) mother. Should the respondent justices be held liable for conduct unbecoming? A: YES. Publicizing professional qualifications or boasting of having studied in and graduated from certain law schools, no matter how prestigious, might have even revealed, on the part of Justice Ong and Justice Hernandez, shows their bias for or against some lawyers. Their conduct was impermissible, consequently, for Section 3, Canon 4 of the New Code of Judicial Conduct for the Philippine Judiciary, demands that judges avoid situations that may reasonably give rise to the suspicion or appearance of favoritism or partiality in their personal relations with individual members of the legal profession who practice regularly in their courts. Judges should be dignified in demeanor, and refined in speech. In performing their judicial duties, they should not manifest bias or prejudice by word or conduct towards any person or group on irrelevant grounds. It is very essential that they should live up to the high standards their noble position on the Bench demands. Their language must be guarded and measured, lest the best of intentions be misconstrued. In this regard, Section 3, Canon 5 of the New Code of Judicial Conduct for the Philippine Judiciary, mandates judges to carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff, and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties. (Jamsani-Rodriguez v. Ong, A.M. No. 0819-SB-J, August 24, 2010) Sec. 4, Canon 4, NCJC: Judges shall not participate in the determination of a case in which any member of their family represents a litigant or is associated in any manner with the case.
Note: This rule rests on the principle that no judge should preside in a case in which the judge is not wholly free, disinterested, impartial and independent.
Sec. 3, Canon 4, NCJC: Judges shall, in their personal relations with individual members of the legal profession who practice regularly in their court, avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or partiality. Q: What is the reason for this rule? A: This section is directed at bolstering the principle of cold neutrality of an impartial judge as it requires judges to scrupulously guard against any act that may be construed as an expression of bias in favor of a litigant.
Note: Constant company with a lawyer tends to breed intimacy and camaraderie to the point that favors in the future may be asked from the judge which he may find it hard to resist. If a judge is seen eating and drinking in public places with a lawyer who has cases pending in his or her sala, public suspicion may be aroused, thus tending to erode the trust of litigants in the impartiality of the judge. (Padilla v. Zantua, G.R. No. 110990, Oct. 1994) Note: A judge shall avoid fraternizing with lawyers and litigants.
Q: Complainant Prosecutor filed an administrative complaint against respondent Sandiganbayan Justices for grave misconduct, conduct unbecoming a Justice, and conduct grossly prejudicial to the interest of the service. Allegedly, during a hearing, Justice Ong uttered words like We are playing Gods here, we will do what we want to do, your contempt is already out, we fined you eighteen thousand pesos, even if you will appeal, by that time I will be there, Justice of the Supreme Court. Also, he often asked lawyers from which law schools they had graduated, and frequently inquired whether the law school in which Justice Hernandez had studied and from which he had graduated was better than his (Justice Ongs) own alma mater. The complainant opined that the query was manifestly intended to emphasize that the San Beda College of Law, the alma mater of Justice Ong, and the UP College of Law, that of Justice Hernandez, were the best law schools. On another occasion in that hearing in Cebu City, Justice Hernandez discourteously shouted at Prosecutor HazelinaTujan-Militante, who was then observing trial from the gallery and said You are better than Director Somido? Are you better than Director Chua? Are you here to supervise Somido? Your office is wasting funds for one prosecutor who is doing nothing.
Sec. 5, Canon 4, NCJC: Judges shall not allow the use of their residence by a member of the legal profession to receive clients of the latter or of other members of the legal profession.
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Note: It was inappropriate for a judge to have entertained a litigant in his house particularly when the case is still pending before his sala. (J. King and Sons. V Hontanosas, Adm. Matter No. RTJ-03-1802, September 21, 2004)
Anonymous complaint Against Judge Acua, A.M. No. RTJ-04-1891, July 28, 2005)
Note: Judges in the exercise of their civil liberties, should be circumspect and ever mindful of their continuing commitment to uphold the judiciary and its values places upon them certain implied restraints to their freedom. A judge was admonished for the appearance of engaging in partisan politics when he participated in a political rally sponsored by one party, even though he only explained the mechanics of block voting to the audience. (Macias v. Arula, A.M. No. 1895-CFI, July 20, 1982)
Q: What is the reason for this rule? A: The reason is that judges are required to always exhibit cold neutrality of an impartial judge. Sec. 6, Canon 4, NCJC: Judges, like any other citizen, are entitled to freedom of expression, belief, association and assembly, but in exercising such rights, they shall always conduct themselves in such a manner as to preserve the dignity of the judicial office and the impartiality and independence of the judiciary.
Note: While judges are not expected to live a hermit-like existence or cease functioning as citizens of the Republic, they should remember that they do not disrobe themselves of their judicial office upon leaving their salas. In the exercise of their civil liberties, they should be circumspect and ever mindful that their continuing commitment to upholding the judiciary and its values places upon them certain implied restraints to their freedom.
Sec. 7, Canon 4, NCJC: Judges shall inform themselves about their personal fiduciary and financial interests and shall make reasonable efforts to be informed about the financial interests of members of their family.
Note: This section should be read in conjunction with Sec. 7 of the R.A. 6713 (Code of Conduct and Ethical standards for Public officials and Employee), which prohibits certain personal fiduciary and financial conflicts. A judge shall refrain from financial and business dealings that tend to reflect adversely on the court's impartiality, interfere with the proper performance of judicial activities, or increase involvement with lawyers or persons likely to come before the court.
Q: In an anonymous letter sent to the OCA, Judge Acua was charged with improper conduct for allegedly making humiliating statements such as putris, and putang-ina. In his comment, Judge Acua explained that those words are only his favorite expressions and they are not directed to any particular person. He also explained that his behavior is justified by the fact that he is still mourning the sudden demise of his eldest son. Is the Judge guilty of improper conduct? A: Yes. Judges are demanded to be always temperate, patient and courteous both in the conduct and language. Indeed, judges should so behave at all times because having accepted the esteemed position of a judge he ought to have known that more is expected of him than ordinary citizen. Here, the judges use of humiliating and insensitive expressions like putris and putang- ina is improper as such intemperate language detracts from how he should conduct himself. Moreover, it does not matter whether such expressions were directed to a particular person or not, as they give the impression of a persons ill manners. (Re:
Sec. 8, Canon 4, NCJC: Judges shall not use or lend the prestige of the judicial office to advance their private interests, or those of a member of their family or of anyone else, nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties. Q: What are the acts prohibited by the rule? A: 1. Judges act of using judicial office to advance private interests
Note: An RTC judge took advantage of his position, by filing in the Makati court a collection case in which he and his wife were the complainants. The Court ruled that although a stipulation in the contract gave the judge, as creditor, choice of venue, the judge had nonetheless fallen short of what is expected of him as a judicial officer. This act of the judge would lead the public, and in particular the judges adversary, to suspect
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that the judge would use the choice of venue as a means to exert influence in favor of himself. (Javier v. De Guzman, A.M. No. RTJ89-380, Dec. 19, 1990)
2.
Judges act of giving impression that he can be influenced to use the judicial office to advance the private interests of others.
Note: Another common violation of this rule is using judicial power to exact personal vengeance.
Q: Judge Lilagam was charged with improper conduct for allowing his wife to have access to court records. In his answer, the judge admitted that he requested his wife who was previously a legal researcher, to go over the records and pinpoint problem areas and to suggest measures to rectify the same and to improve the system of case monitoring. Is the judge guilty of improper conduct? A: Yes. Records of cases are necessarily confidential, and to preserve their integrity and confidentiality, access thereto ought to be limited only to the judge, the parties or their counsel and the appropriate court personnel in charged of the custody of said records. Here, since Mrs. Lilagam is not a court employee specifically in charge of the custody of said records, the judges act of allowing her to have access thereto is improper as such would convey the impression that she isthe one who can influence the judges official function. (Gordon v. Lilagam, A.M. No. RTJ-001564, July 26, 2001) Q: At the pre-trial of a civil case for collection, one of the parties mentioned that he expected to settle his obligation as he was investing in some stocks of a realty corporation that were sure to soar in the market because of some confidential information he obtained from his brother-in-law, a top rank officer of the corporation. Upon hearing the information the judge lost no time in buying the stocks in the realty corporation and as predicted made a lot of money. Is the judge guilty of unethical conduct? A: Yes. Sec. 9, Canon 4 of NJCJprovides that no information acquired in a judicial capacity shall be used or disclosed by a judge in any financial dealing or for any other purpose not related to judicial activities. The judge in this case has violated the foregoing rule, and acted unethically. (1995 Bar Question) Q: May a violation of this rule constitute criminal offense? A: Yes. The act may constitute the following criminal offenses: Under Sec. ([k) of R.A. 3019, and under Art. 229 and 230 of the RPC, to wit: 1. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. (3[k] of R.A. 3019)
Q: Judge Escano was charged with allegedly using court facilities (bulletin board) in advertising for attractive waitresses and cooks for possible employment in their restaurant business. In addition, the judge also allowed the use of the court address to receive applications as well as his office in screening the applicants. In his comment, the judge explained that he merely wanted to give assistance to his wife, and the posting of advertisements as well as the conduct of screening in his office is the most convenient way for him considering the difficulty of locating the residence. Did the judge commit any unethical act? A: Yes. Judges shall not use or lend the prestige of the judicial office to advance their private interests for those of a member of a family. This is so to avoid possible interference which may be created by such business involvements in the exercise of their duties which may tend to corrode the respect and dignity of the court as bastion of justice. Here, the act of the judge in using the court facilities to promote family business is improper. (Dionisio v. Escano, A.M. No. RTJ-98-1400, Feb. 1, 1999) Q: What is ticket fixing? A: Ticket fixing is misconduct in which judges impermissibly take advantage of their public position to avoid punishment for traffic violations. Sec. 9, Canon 4, NCJC: Confidential information acquired by judges in their judicial capacity shall not be used or disclosed for any other purpose not related to their judicial duties. Q: What is the reason for this rule? A: The prohibition will discourage, if not stop judges from making business speculations in some business ventures, the secrets of which they learned by reason of their position as judges.
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2. Revelation of secrets by an officer Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published, shall suffer imprisonment. (Art. 229, RPC) Public officer revealing secrets of private individual Any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine. (Art. 230, RPC) functions in quasi-judicial or administrative agencies. This does not mean, however, that judges should adopt an attitude of monastic insensibility or unbecoming indifference to the Provincial/City Committee on Justice. As incumbent judges, they form part of the structure of government. Even as non-members, Judges should render assistance to said Committees to help promote the laudable purposes for which they exist, but only when such assistance may be reasonably incidental to the fulfillment of their judicial duties. (In Re: Designation of Judge Rodolfo U. Manzano, A.M. No. 88-7-1861-RTC, Oct. 5, 1988)
Note: Under Sec. 10(c), Section 10, Canon 4, a judge may engage in private business without the written permission of the Supreme Court. (Borre v. Moya, A.M. No. 1765-CFI, Oct. 17, 1980)
3.
Sec. 10, Canon 4, NCJC: Subject to the proper performance of judicial duties, judges may: 1. Write, lecture, teach and participate in activities concerning the law, the legal system, the administration of justice or related matter; 2. Appear at a public hearing before an official body concerned with matters relating to the law, the legal system, the administration of justice or related matters; 3. Engage in other activities if such activities do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties.
Sec. 11, Canon 4, NCJC: Judges shall not practice law whilst the holder of judicial office. Q: What is the basis of the prohibition? A: This prohibition is based on the inherent incompatibility of the rights, duties and functions of the office of an attorney with the powers, duties and functions of a judge.
Note: Sec. 35 of Rule 138 of the Rules of Court prohibits judges from engaging in the practice of law or giving professional advice to clients. Philippine courts not only prohibit judges from overtly representing clients as counsel of record, but also from acting more subtly in a way more befitting an advocate than a judge. Note: While municipal judges can administer oaths or execute certificates on matters related to their official functions, they cannot notarize private documents. Judges assigned to municipalities and circuits may act as notaries provided all notarial fees charged be to the governments account and a certification attesting to the lack of lawyers on notary in the municipality or circuit be made. (SC Circular 1-90) Note: The rule disqualifying a municipal judge from engaging in the practice of law seeks to avoid the evil of possible use of the power and influence of his office to affect the outcome of the litigation where he is retained as counsel. Compelling reasons of public policy lie behind this prohibition, and judges are expected to conduct themselves in such a manner as to preclude any suspicion that they are representing the interests of party litigant (Dia-
Note: This section allows the judge to participate in legal academia and public discourse on legal matters with the proviso that there shall be no interference in the performance of the judges primary functions with respect to his or her jurisdiction. In dealing with the media however, the Philippine Judicial Academy suggests that a judge or court should avoid acrimonious debate with reporters and the public, for a knee jerk reaction from the court or judge may only provoke negative follow-up reports and articles. This sections tolerance of judicially-related activities is limited by Sec. 12, Article VIII of the Constitution, which prohibits judges from being designated to any agency performing quasi-judicial or administrative functions.
Q: May a judge be a member of the Provincial Committee on Justice? A: No. Such membership would violate the constitutional provision on the discharge by members of the judiciary of administrative
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Anonuevo v. Bercacio, A.M. No. 177-MTJ, November 27, 1975)
witness and not as a legal counsel. Besides, his act was an isolated act. (2002 Bar Question) Sec. 12, Canon 4, NCJC: Judges may form or join associations of judges or participate in other organizations representing the interests of judges.
Note: This rule recognizes the difference between membership in associations of judges and membership in associations of other legal professionals. While attendance at lavish events hosted by lawyers might create an appearance of impropriety, participation in judges-only organizations does not.
Q: Respondent Judge Lelina was administratively charged for violation of Section 35, Rule 138 of the Rules of Court and Rule 5.07, Canon 5 of the Code of Judicial Conduct. He was then preventively suspended by the Court on account of an earlier administrative complaint filed charging him with harassment in connection with the criminal complaint for Rape and the complaint for Abduction with Rape and Slight Illegal Detention. He then filed a Motion for Early Resolution of the criminal case praying for a resolution in his favor. Subsequently he appealed to the Court to grant him the permission to practice law during the remainder of his preventive suspension or, if such cannot be granted, to consider him resigned from the judiciary. It turned out that before he filed the above-said Manifestation, Appeal and Omnibus Motion, Judge Lelina engaged in the private practice of law. Did the judge commit any unethical act? A: Yes. Since Section 35, Rule 138 of the Rules of Court and Section 11, Canon 4 of the New Code of Judicial Conduct for the Philippine Judiciary does not make any distinction in prohibiting judges from engaging in the private practice of law while holding judicial office, no distinction should be made in its application. In the present case, Judge Lelina having been merely suspended and not dismissed from the service, he was still bound under the prohibition. (Binalay v. Lelina Jr, A.M. No. RTJ-08-2132, July 31, 2009) Q: In an extrajudicial settlement of the estate of the late Juan Mayaman, the heirs requested Judge Maawain, a family friend, to go over the document prepared by a new lawyer before they signed it. Judge Maawain agreed and even acted as an instrumental witness. Did Judge Maawain engage in the unauthorized practice of law? Why? A: No. In the case of de Castro v. Capulong, 118 SCRA 5 (1982), the Supreme Court held that a judge who merely acted as a witness to a document and who explained to the party waiving his rights of redemption over mortgaged properties the consequences thereof, does not engage himself in the practice of law. This appears to be more applicable to the case of Judge Maawain. He did not give professional advice in anticipation of litigation. He was just asked to review a deed of extrajudicial settlement of estate. He signed merely as an instrumental
Q: What is the general rule with regard to prohibition against accepting gifts, bequests, or loans? A: The general rule is that found in Sections 13 and 14. Sec. 13, Canon 4, NCJC: Judges and members of their families shall neither ask for nor accept, any gift, bequest, loan or favor in relation to anything done or to be done or omitted to be done by him or her in connection with the performance of judicial duties. Sec. 14, Canon 4, NCJC: Judges shall not knowingly permit court staff or others subject to their influence, direction or authority, to ask for, or accept, any gift, bequest, loan or favor in relation to anything done, to be done or omitted to be done in connection with their duties or functions.
Note: Section 13 should be read in conjunction with Section 7(d) of R.A. 6713 (Code of Conduct and Ethical Standards for Public officials and Employee) which provides that, public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of money value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office. Respondent Judge Ganay clearly fell short of the exacting standards set by the New Code of Judicial Conduct for the Philippine Judiciary. His acts of receiving lawbooks worth fifty thousand pesos, cellular phones and monthly cellular phone prepaid cards from the property guardians of the late Rev.
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Fr. Aspiras, who was then the ward of the court, constitute impropriety which the Court cannot allow. Respondent Judge Ganays act of issuing Orders directing the manager of the PNB, La Union Branch to draw checks amounting to thousands of pesos from the account of the late Rev. Fr. Aspiras creates the impression of impropriety and subjects the court to suspicion of irregularities in the conduct of the proceedings. (Heirs of the late Rev. Fr. Jose Aspiras v. Judge Ganay, A.M. No. RTJ-07-2055, Dec. 17, 2009) Note: Section 14 should be read in relation to Section 7(d) of RA No. 6713 which prohibits public officials from soliciting or accepting gifts from any person in the course of their official duties.
Q: What gifts and grants from foreign countries are allowed? A: 1. The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy; The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippines (such as allowances, transportation, food and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interest of the Philippines, and permitted by the head office, branch or agency to which the judge belongs. (Sec. 7[d], R.A. 6713)
2.
3.
Q: What is the reason for this rule? A: This section is intended to assure that what the judge cannot do directly (soliciting gifts), may not be done indirectly through the use of employees or staff members. Q: X was charged with grave threat before the sala of Judge Elias Lelina. During the pendency of the case, X offered a business partnership to the daughter of Judge Lelina who then accepted the same. Should the judge be disciplined? A: Yes. Judges should not allow members of their family to accept gifts nor favor in relation to anything done, to be done, or omitted to be done by the judge in connection with the performance of his official duties. Here, the judges act of allowing his daughter to accept the business offer of X despite knowledge of the possible intention of the latter who has pending case in his sala is improper. (Dulay v. Lelina Jr., A.M. No. RTJ-991516, July 14, 2005) Q: What is the exception to Sections 13 and 14 of Canon 4 of the NCJC? A: Canon 4, Section 15 of NCJC. Sec. 15, Canon 4, NCJC: Subject to law and to any legal requirements of public disclosure, judges may receive a token gift, award or benefit as appropriate to the occasion on which it is made, provided that such gift, award or benefit might not reasonably be perceived as intended to influence the judge in the performance of official duties or otherwise give rise to an appearance of partiality.
Note: Judges are allowed to accept token gifts, awards, or benefits when given as a consequence of a special occasion.
Q: When is a judge considered guilty of indirect bribery? Of direct bribery? A: Acceptance of gifts given by reason of the office of the judge is indirect bribery (Art. 211, Revised Penal Code) and when he agrees to perform an act constituting a crime in connection with the performance of his official duties in consideration of any offer, promise, gift or present receive by such officer, he is guilty of direct bribery (Art. 210, Revised Penal Code).
Note: GR: Under the Anti-Graft and Corrupt Practices Act (RA 3019), the judge is liable criminally for directly or indirectly receiving gifts, presents or other pecuniary or material benefit for himself or for another under conditions provided in Section 2, pars. b and c of the law. XPN: Unsolicited gifts or presents of small value offered or given as a mere ordinary token of gratitude or friendship according to local custom or usage (Section 14, RA 3019) Note: Donations given to a judge or to his wife, descendants or ascendants by reason of his office are void (Art. 739, Civil Code). Ownership does not pass to the donee. Money or property donated is recoverably by the donor, his heirs or creditors. Note: Under Section 16 Article XI of the 1987 Constitution No loan, guarantee or other form of financial accommodation for any business purpose may be granted directly or indirectly by any government-owned or controlled bank or financial
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institution to xxx members of the Supreme Court xxx during their tenure. It is a serious misconduct for a judge to receive money from a litigant in the form of loans which he never intended to pay back. Even if the judge intends to pay, it is an act of impropriety to take a loan from a party litigant. The judge could not be wholly free from bias in deciding a case where his lender is a party. A judge should always strive to be free from suspicion and all forms of improprieties. (Ompoc v. Judge Torres, A.M. No. MTJ-86-11 September 27, 1989 Note: To ensure equality of treatment to all before the courts is essential to the due performance of the judicial office. As the guardians of justice, courts must adhere to the principle of equality. People expect the courts to be unaffected by differences in social status, degree of education and even physical abilities. Judges should not yield to first impression, reach hasty conclusions or prejudge matters. They have a duty to ensure that the minority status of a party plays no part in their decisions.
Sec. 2, Canon 5, NCJC: Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds.
Note: Magistrates of law must comport themselves at all times in such a manner that their conduct, can withstand the highest level of public scrutiny. Judges should avoid private remarks, hasty conclusions, or distasteful jokes that may give even erroneous impressions of prejudice and lead the public to believe that cases before them are being prejudged.
CANON 5,NCJC-EQUALITY ENSURING EQUALITY OF TREATMENT TO ALL BEFORE THE COURTS IS ESSENTIAL TO THE DUE PERFORMANCE OF THE JUDICIAL OFFICE.
Note: A judge must be able to render substantial justice and maintain public confidence in the judicial system, by being aware of the diversity in society. With that awareness, a judge should not yield to first impression, reach hasty conclusions or prejudge matters. (Castillo v. Judge Juan, 62 SCRA 124)
Sec. 3, Canon 5, NCJC: Judges shall carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties.
Note: As arbiters of the law, judges should be conscientious, studious, courteous, patient and punctual in the discharge of their judicial duties, recognizing that time of litigants, witnesses and counsel is of value. Judges should act with decorum toward jurors, parties, court staff, spectators, and alike.
Sec. 1,Canon 5,NCJC: Judges shall be aware of and understand diversity in society and differences arising from various sources, including, but not limited to, race, color, sex, religion, national origin, caste, disability, age, marital status, sexual orientation, social and economic status, and other like causes. Q: What is the reason for this rule? A: To render substantial justice and maintain public confidence in the judicial system, judges are expected to be aware of the diversity in society that results from an increased worldwide exchange of people and ideas.
Note: Judges should be mindful of the various international instruments and treaties ratified by the Philippines, which affirm the equality of all human beings and establish a norm of non-discrimination without distinction as to race, sex, language, or religion.
Q: Judge Tormis made a comment in a certain case to the effect that the same should be dismissed as the act complained of was already decriminalized by a special law. Thereafter, Judge Navarro, who previously handled the case before he was appointed as a judge, barged into the office of Judge Tormis telling to the staff that their judge does not know her law. Judge Tormis then retaliated by saying that to her, the office of Judge Navarro does not exist. Are the judges guilty of conduct unbecoming of a judge? A: Yes. Judges, being dispensers of justice should not act in a way that would cast suspicion in order to preserve faith in the administration of justice. They should so behave to avoid poor public impression on the judiciary. Here, the judges act of fighting each other by uttering derogatory remarks against each other is a conduct unbecoming of a judge for which they should be
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disciplined as their fight has impaired the image of the judiciary. (Navarro v. Tormis, A.M. No. MTJ00-1337, Apr. 27, 2004) 2. Q: Atty. Quinto was the defense counsel in a criminal case. In his verified complaint, he alleged that during the hearing, he manifested that he was waiving the presentation of evidence for the accused. Judge Vios then allegedly got angry, shouted and scolded him, stating that the defense had no right to waive the presentation of evidence. He did not even listen to Atty. Quintos explanation and, thereafter, compelled the latter to withdraw his appearance as counsel of the accused, under pain of contempt. In the presence of the complainant, Judge Vios appointed a counsel de officio. May Judge Vios be held administratively liable for compelling the lawyer to withdraw as counsel for the accused under pain of contempt? A: Yes. A judge should avoid unconsciously falling into the attitude of mind that the litigants are made for the courts, instead of the courts for the litigants. Here, the judge should be held liable for misconduct when he threatened to punish complainant for contempt of court if he would refuse to withdraw his appearance, as counsel for the accused, when the latter insisted on waiving the presentation of the evidence for the defense. (Atty. Quinto v. Judge Vios, A.M. No. MTJ-041551, May 21, 2004)
Note: Unequal and disparate treatment in the courthouse, whether intentional or perceived, is unacceptable and can negatively impact the professional lives of attorneys and employees, the assessment of claims of litigants, and the respect and credibility of the justice system.
whether such information came from authorized or unauthorized sources; and To organize their courts to ensure the prompt and convenient dispatch of business and should not tolerate misconduct by clerks, sheriffs and other assistants who are sometimes prone to expect favors or special treatment due to their professional relationship with the judge.
Note: All personnel involved in the dispensation of justice should conduct themselves with a high degree of responsibility. (Mataga v. Rosete, A.M. No. MTJ-03-1488, Oct. 13, 2004)
Sec. 5, Canon 5,NCJC: Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in proceedings and may be the subject of legitimate advocacy.
Note: Judges should conduct proceedings in court with dignity and in a manner that reflects the importance and seriousness of proceedings. They should maintain order and proper decorum in the court. (Rule 3.03, Canon 3, 1989 Code of Judicial Conduct) Judges have the duty to prevent lawyers from abusing witnesses with unfair treatment. As courts are expected to ensure equality, any lawyer who makes an insensitive or demeaning comment in court should be admonished.
Sec. 4, Canon 5, NCJC: Judges shall not knowingly permit court staff or others subject to his or her influence, direction or control to differentiate between persons concerned, in a matter before the judge, on any irrelevant ground. Q: What are the duties of judges under this section? A: 1. To ensure that court personnel under their supervision do not discriminate by dispensing special favors or disclosing confidential information to any unauthorized person, regardless of
Q: During the hearing of a case for statutory rape filed against X, the lawyer is asking the 6year-old victim to relate exactly and step by step the sexual intercourse between her and the accused. The lawyer is also asking questions whether at the time of the alleged rape, the accuseds penis was hard, and whether at the time they were caught, the accused was still pushing and pulling his penis inside her vagina. Should the judge allow such questions? A: No. The judge shall require lawyers to refrain from making abusive and uncalled for queries. Here, the fact that the victim of rape is a child of tender years, there is more reason to require the lawyer to be tactful. No woman especially child of tender years would exactly remember step by step the sexual intercourse in the hands of the maniacal beast. Hence, all the questions asked
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are excessive. (People v. Boras, G.R. No. 127495, Dec. 22, 2000)
Note: This line of questioning may be relevant if the aggrieved party is an adult but not to a child. The Rule on the examination of a child witness (A.M. No. 004-07-SC) protects children so that developmentally appropriate questions can only be asked.
CANON 6, NCJC-COMPETENCE AND DILIGENCE COMPETENCE AND DILIGENCE ARE PREREQUISITES TO THE DUE PERFORMANCE OF JUDICIAL OFFICE. Q: What are the pre-requisites to the due performance of judicial office? A: Competence and diligence. (Canon 6, NCJC) A judge upon assumption to office, becomes the visible representation of law and of justice, hence, the Constitution (Section 7 (3), Article VIII), prescribes that he must be a person of proven competence as a requisite of his membership in the judiciary. A judge should be the epitome of competence, integrity and independence to be able to render justice and uphold public confidence in the legal system. He must be conversant with basic legal principles and well-settled doctrines. He should strive for excellence and seek the truth with passion.(Rino v. Judge Cawaling, A.M. No. MTJ02-1391, June 7, 2004)
Note: As members of the judiciary, judges ought to know the fundamental legal principles; otherwise, they are susceptible to administrative sanction for gross ignorance of the law. (Heirs of Piedad v. Estrella, A.M. No. RTJ-09-2170, Dec. 16, 2009) Note: To constitute gross ignorance of the law must not only be contrary to existing law and jurisprudence, but also motivated, by bad faith, fraud, dishonesty and corruption.(Duduaco v. Laquindanum, A.M. No. MTJ-05-1601, August 11, 2005)
by Judge Ramos in a criminal case for arson through reckless imprudence and imposed upon him the penalty of imprisonment, with all the accessory penalties imposed by law in addition to the payment of costs and damages. On appeal, the RTC deleted the penalty of imprisonment. However, Judge Ramos subsequently issued a warrant of arrest and Commitment on Final Sentence which led to complainants incarceration at the Solano District Jail from August 8 to 28, 2006. In his comment, the judge clarified that his issuance of the warrant of arrest against Bacaya was a mistake done in good faith and that the same was just a simple negligence. Should the judge be disciplined? A: Yes. The judge was inexcusably negligent when he issued a Warrant of Arrest and Commitment to Final Sentence despite the deletion by the appellate court of that portion of the judgment imposing the penalty of imprisonment. In the performance of his duties, Judge Ramos failed to observe that diligence, prudence and circumspection which the law requires in the rendition of any public service. If only Judge Ramos had exercised the requisite thoroughness and caution, he would have noted not only the modification of the monetary awards by the appellate court, but also the deletion of the penalty of imprisonment upon which the Warrant of Arrest and Commitment to Final Sentence that he signed was based. (Bayaca v. Judge Ramos, A.M. No. MTJ-07-1676, Jan. 29, 2009) Sec.1, Canon 6, NCJC: The judicial duties of a judge take precedence over all activities. Q: What are the duties of a judge under this section? A: 1. A judge must perform his judicial duties with regard to a case where he is not disqualified to do so and, may not divest himself of such case if he is not so disqualified; and A judge shall not inhibit himself simply to avoid sitting on difficult or controversial cases.
2.
Q: Judge Ramos was charged with gross misconduct, dishonesty, gross ignorance of the law, arbitrary detention, incompetence, grave abuse of discretion, and conduct prejudicial to the best interest of the service allegedly for erroneously issuing a warrant of arrest against Bayaca. It was alleged that Bayaca was convicted
Q: An administrative case against Judge Calderon was filed for incurring leaves of absence for almost a straight period of 3 years. In his comment, he claimed that he was suffering from a lingering illness of malignant
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hypertension which claim was supported by medical certificates prepared by his personal doctor. However, when the court physician conducted some tests, the same contradicted the diagnosis given by the judges personal doctor. Is Judge Calderon guilty of gross misconduct? A: Yes. A judge shall be cautious of his court duties. Here, the judge should have been aware that, in frequently leaving his station, he has caused great disservice to many litigants and has denied them speedy justice. (Re: Leaves of Absence Without Approval of Judge Eric Calderon, Municipal Trial Court Judge of Calumpit, Bulacan, A.M. No. 98-8-105-MTC, Jan. 26, 1999) Q: Judge Limsiaco was charged with gross ignorance of the law and procedure and violations of the Code of Judicial Conduct when it was established by the records and by his own admission that he decided an ejectment case before his sala more than two (2) years after it was declared submitted for resolution. Due to his delay of rendering the decision, he was held guilty of the said charge. He moved for an extension of time to file a motion for reconsideration. Despite the extension of time given however, Judge Limsiaco failed to file his motion for reconsideration and the required explanation thrice. In another complaint against him for Delay in the Disposition of a Case, the OCA issued an order for him to file a comment for the administrative complaint. Is the respondent judge administratively liable for unethical conduct and gross inefficiency under the provisions of the New Code of Judicial Conduct, specifically, Sections 7 and 8 of Canon 1, and Section 5 of Canon 6? A: Yes. A judge is the visible representation of the law, and more importantly of justice; he or she must, therefore, be the first to follow the law and weave an example for the others to follow. For a judge to exhibit indifference to a resolution requiring him to comment on the accusations in the complaint thoroughly and substantially is gross misconduct, and may even be considered as outright disrespect for the Court. The office of the judge requires him to obey all the lawful orders of his superiors. After all, a resolution of the Supreme Court is not a mere request and should be complied with promptly and completely. Such failure to comply accordingly betrays not only a recalcitrant streak in character, but has likewise been considered as an utter lack of interest to remain with, if not contempt of the judicial system. A resolution of the Supreme Court requiring comment on an administrative complaint against officials and employees of the judiciary should not be construed as a mere request from the Court. Nor should it be complied with partially, inadequately or selectively. Respondents in administrative complaints should comment on all accusations or allegations against them in the administrative complaints because it is their duty to preserve the integrity of the judiciary. Moreover, the Court should not and will not tolerate future indifference of respondents to administrative complaints and to resolutions requiring comment on such administrative complaints. Under the circumstances, the conduct exhibited by Judge Limsiaco constitutes no less than clear acts of defiance against the Courts authority. His conduct also reveals his deliberate disrespect and indifference to the authority of the Court, shown by his failure to heed our warnings and directives. Judge Limsiacos actions further disclose his inability to accept our instructions. Moreover, his conduct failed to provide a good example for other court personnel, and the public as well, in placing significance to the Courts directives and the importance of complying with them. (Inoturan, v. Limsiaco, Jr., A.M. No. MTJ-01-1362, February. 22, 2011) Sec. 2, Canon 6, NCJC: Judges shall devote their professional activity to judicial duties, which include not only the performance of judicial functions and responsibilities in court and the making of decisions, but also other tasks relevant to the judicial office or the courts operations.
Note: Violations of this section often involve a failure to keep records or handle funds in compliance with court rules.
Q: Judge Daguman was charged with neglect of duty in failing to retain a copy and to register with the Local Civil Registrar a marriage contract. In his comment, the judge explained that his failure to do so was occasioned by circumstances beyond his control. He averred that after the wedding ceremony, the copies of the marriage contract were left on top of his desk in his private office where the ceremony was held but after few days, when he gathered all the documents relating to the marriage, the copies were already missing. He also explained that he was not able to inform the parties about the fact
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of loss as they were already out of the country. Should the judge be disciplined? A: Yes. A judge is charged with extra care in ensuring that records of the cases and official documents in his custody are intact. Moreover, judges must adopt a system of record management, and organize their dockets in order to bolster the prompt and efficient dispatch of business. Here, the circumstances show that the loss of the documents was occasioned by the carelessness on the part of the judge. The judge should not have left such important documents in his table to be gathered only after few days, instead, he should have devised a filing system in his court so as to avoid such incident. (Beso v. Daguman, A.M. No. MTJ-99-1211, Jan. 28, 2000) Q: X charged Judge Garillo with dishonesty and corrupt practices for allegedly requiring the former to deposit with the latter a sum of money in connection with a pending case in the latters sala but failed to give the deposited sums of money to the adverse party. It was also alleged that when X demanded the return of money, the judge failed to return the same despite his promise. Is the judge guilty of serious misconduct? A: Yes. A judge should always be a symbol of rectitude and propriety, and should always comport himself in a manner that will raise no doubt whatsoever about his honesty. Here, the judges act of misappropriating the money entrusted to him by litigants in connection with a case pending in his court constitutes gross misconduct. Moreover, the judge violated Circular No. 50-95 which provides that, fiduciary collections should be deposited with the Land Bank of the Philippines. Because of his actuations, the image of the judiciary was impaired. (De Pacete v. Judge Garillo, A.M. No. MTJ-03-1473, Aug. 20, 2003) Q: Should the judge return court records upon retirement? A: Yes. Since the proper and efficient management of the court is the responsibility of the judge, he is the one directly responsible for the proper discharge of official functions. Thus, a judge is obliged to return to the court the records of the cases filed in his sala upon his retirement. (Office of the Court Administrator v. Retired Judge Carteciano,A.M. No. MTJ-07-1664, Feb. 18, 2008) Sec. 3, Canon 6, NCJC: Judges shall take reasonable steps to maintain and enhance their knowledge, skills and personal qualities necessary for the proper performance of judicial duties, taking advantage for this purpose the training and other facilities which should be made available, under judicial control, to judges.
Note: Service in the judiciary means a continuous study and research on the law from beginning to end. Judges are regarded as persons learned in the law. Ignorance of the law excuses no one has special application to judges. Though good faith and absence of malice or corruption are sufficient defenses, such does not apply where the issues are so simple and the applicable legal principles evident and basic as to be beyond possible margin of error. (Corpus v. Ochotoresa, A.M. No. RTJ 04-1861, July 30 2004) Note: One who accepts the exalted position of a judge owes the public and the Court the duty to maintain professional competence at all times. When a judge displays an utter lack of familiarity with the rules, he erodes the confidence of the public in the courts. A judge owes the public and the Court the duty to be proficient in the law and is expected to keep abreast of laws and prevailing jurisprudence. Ignorance of the law by a judge can easily be the mainspring of injustice. (Villanueva v. Judge Buaya, A.M. No. RTJ-08-2131, November 22, 2010).
Q: Judge Delos Santos averred that Judge Mangino of the MTC Tarlac approved the bail bond for provisional liberty of the accused Santos who was arrested and whose criminal cases were pending in Angeles City. It was also made to appear from the contents of the said bond that the accused appeared before notary public Ancanan in Makati City. According to the accused, she never went to Tarlac and appeared before said Judge Mangino. She also alleged that she never went to Makati City and appeared before Notary Public Ancanan. Is Judge Mangino guilty of grave misconduct? A: Yes. Judges should be diligently acquainted with the law and jurisprudence. As an advocate of justice and a visible representation of the law, a judge is expected to keep abreast with and be proficient in the application and interpretation of the law. Here, by mere glancing at the bail bond application, the judge ought to know that he had absolutely no authority or jurisdiction to approve the bail bond of the accused as the case was pending with another court. By approving the bail
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bond application, the judge failed to exert such conscientiousness, studiousness, and thoroughness expected and demanded of a judge. (Judge de los Santos v. Judge Mangino, A.M. No. MTJ-03-1496, July 10, 2003) Q: Judge Gacott Jr. dismissed an election case on the ground of non-payment of docket fees, although the case had been previously admitted and was deemed properly filed by the original Judge (who inhibited himself due to relationship to one of the parties). Judge Gacott issued the dismissal order relying on a case (Manchester v. CA) which states that - a case is deemed commenced only upon the payment of the proper docket fees. To his opinion, the required fees in this case were not yet paid by the protestant. Enojas charged him with gross ignorance of the law. Is Judge Gacott Jr. guilty of gross ignorance of the law? A: Yes. A judge is duty bound to adhere to, and apply the recent jurisprudence, and he cannot feign ignorance thereof, because he is required to be an embodiment of, among other things, judicial competence. Here, the ruling relied upon by the judge does not apply to election cases as in the latter case the filing fee is fixed and the claim for damages, to which the docket fess shall be made to apply, is merely ancillary to the main cause of action and is not even determinative of the courts jurisdiction. It must also be noted that in this case, the original judge already made an order that from the deposit given by the protestant for the expenses of reopening the questioned ballots, an amount shall be allocated for the payment of the required fees. Thus, the election protest was already properly filed. (Enojas v. Judge Gacott, Jr., A.M. No. RTJ-99-1513, Jan. 19, 2000) Sec. 4, Canon 6, NCJC: Judges shall keep themselves informed about relevant developments of international law, including international conventions and other instruments establishing human rights norms.
Note: Norms of international law has become the concern of judges because they form part of legal standards by which their competence and diligence required by the New Code of Judicial Conduct are to be measured. Note: A judge may be subject to an administrative fine for inefficiency, neglect, and unreasonable delay in elevating the records of a civil case to the Court of Appeals. A delay of three years in the transmission of court records to the appellate court, where a period of 30 days is required, is inexcusable. (Pataleon v. Guidez, A.M. No. RTJ-00-1525, Jan. 2000)
Q: Why should delay be avoided in the administration of justice? A: Delay results in undermining the people's faith in the judiciary and from whom the prompt hearing of their supplications is anticipated and expected, and reinforces in the mind of the litigants the impression that the wheels of justice grind ever so slowly. Certainly, undue delay cannot be countenanced at a time when the clogging of the court dockets is still the bane of the judiciary. Judges are expected to observe utmost diligence and dedication in the performance of their judicial functions and the discharge of their duties. (Imbang v. Judge del Rosario, A.M. No. MTJ-03-1515, Feb. 3, 2004) Q: Judge Diaz was charged with inefficiency allegedly for his failure to render a decision on time. It was alleged that in an unlawful detainer case filed by De Joya against spouses Hornillos which was already submitted for decision upon the approval of a motion for summary judgment filed by De Joya, Judge Diaz failed to render a decision despite the lapse of several months from the submission of the case for resolution. In his comment, the judge explained that his delay was the result of an oversight due to the volume of work that he and his staff had to handle. Should the judge be disciplined? A: Yes. Decision-making is a primordial and by far the most important duty of a member of the bench. The Code of Judicial Conduct mandates that a judge must dispose of the court's business promptly and to act on cases pending before him within the prescribed periods therefore. A judge's failure to observe time prescriptions for the rendition of judgments in derogation of an otherwise speedy administration of justice constitutes a ground for administrative sanction. A judge can not be excused from complying with the periods on the ground that he has heavy case loads, for in such cases, all he has to do is to request for additional time to decide cases. Here, the judges failure to decide the unlawful detainer case within 30 days from the submission for decision renders him liable for inefficiency for which he should be disciplined unless he was
Sec. 5, Canon 6, NCJC: Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness.
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granted, upon his request, additional time to decide the case. (De Joya v. Judge Diaz, A.M. No. MTJ-02-1450, Sept. 23, 2003) Q: Judge Pascua was charged with inefficiency in resolving an election protest pending in her sala. It was alleged that she issued an order archiving the case because of her erroneous perception that an appeal was filed by the parties to the SC where in fact the same was filed with the COMELEC. As a result, the hearing as well as the resolution of the case was delayed for 6 months. In her comment, the judge explained that in issuing such order, she relied on the copy of a petition by appeal on certiorari that was shown to her. Should the judge be disciplined? A: Yes. Judges should maintain professional competence and decide cases within the required periods. Here, had the judge carefully read the copy of the petition by appeal on certiorari that was presented to her, she would have been able to ascertain that the same was not filed with the SC. Moreover, had she been careful, she would not have issued such erroneous order that caused the undue delay in the resolution of the case. For her inefficiency, the judge should be disciplined. (Dela Cruz v. Pascua, A.M. No. RTJ-99-1461, June 26, 2001) Q: A judge was due for compulsory retirement. The Office of the Court Administrator found that he had many pending cases, some of which were undecided beyond the 90-day period. Should the judge be disciplined under the circumstance despite his impending compulsory retirement? A: Yes. All judges are enjoined to attend promptly to the business of the court and decide cases within the time fixed by law. A judge is mandated to render judgment not more than 90 days from the time the case is submitted for decision. Failure to render the decision within the said period of 90 days from submission of a case for decision constitutes serious misconduct and gross inefficiency. (Re: Report on the Judicial Audit Conducted in the RTC, Branch 68 of Camilang, Tarlac, A.M. No. 97-6-182-RTC, Mar. 19, 1999)
Note: The Constitution provides that all lower courts must decide all cases filed within three months. Further, the Code of Judicial Conduct states that a judge shall dispose of the courts business promptly and decide the cases within the required periods. Delay in the disposition of cases erodes the faith and confidence of the people in the judiciary, lowers its standards, and brings it to disrepute. Judges should not abuse the grant of an extension to decide a case, and strive to decide the case within the extended period granted by the Court. Under Sec. 9, Rule 140 of the Rules of Court, undue delay in rendering a decision or order is classified as a less serious charge punishable with suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; ora fine of more than P10,000.00, but not exceeding P20,000.00. (Request of Judge Nino Batingana, A.M. No. 05-8463-RTC, Feb. 17, 2010)
Q: Amion was charged with murder. During the trial, Judge Chiongson ordered that he be represented by counsel de oficio because Amions attorney is always postponing the trial for various reasons like illness and unavailability for trial. Amion then charged said judge with ignorance of the law and oppression because the fact that the counsel de officio did not know the particulars of the case meant that Amion would be denied due process. Should Judge Chiongson be disciplined? A: No. A judge should always be imbued with a high sense of duty and responsibility in the discharge of his obligation to promptly administer justice. Here, Judge Chiongson appointed a FLAG lawyer because of various dilatory means used by the complainant. Thus, the judge should be commended for his effort to expedite the case. (Amion v. Judge Chiongson, A.M. No. RTJ-971371, Jan. 22, 1999)
Note: A Flag lawyer refers to a lawyer of nongovernmental organizations (NGOs) and peoples organizations (POs) who by the nature of his work already render free legal aid to indigent and pauper litigants. (Section 4a(iii), BAR MATTER No. 2012, February 10, 2009)
Sec. 6, Canon 6, NCJC: Judges shall maintain order and decorum in all proceedings before the court and be patient, dignified and courteous in relation to litigants, witnesses, lawyers and others with whom the judge deals in an official capacity. Judges shall require similar conduct of legal representatives, court staff and others subject to their influence, direction or control.
Note: Besides possessing the requisite learning in the law, a magistrate must exhibit that hallmark judicial temperament of utmost sobriety and selfrestraint which are indispensable qualities of every judge. (Rodriguez v. Bonifacio, A.M. No. RTJ-99-1510, Nov. 6, 2000)
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Q: Judge Belen was charged with conduct unbecoming of a judge allegedly for humiliating, demeaning and berating a young lawyer who appeared in his sala. It was alleged that when the judge learned that the lawyer was an alumnus of MCQU and not of UP, the judge made the following statement youre not from UP. Then you cannot equate yourself to me because there is a saying and I know this, not all law students are created equal, not all law schools are created equal, not all lawyers are created equal despite what the Supreme Being stated that we all are created equal in His form and substance. Should the judge be disciplined? A: Yes. The judges sarcastic, humiliating, threatening and boastful remarks to a young lawyer are improper. A judge must be aware that an alumnus of a particular law school has no monopoly of knowledge of the law. By hurdling the Bar Examinations, taking of the Lawyers oath, and signing of the Roll of Attorneys, a lawyer is presumed to be competent to discharge his functions and duties as, inter alia, an officer of the court, irrespective of where he obtained his law degree. For a judge to determine the fitness or competence of a lawyer primarily on the basis of his alma mater is clearly an engagement in an argumentumad hominem. As a judge, he must address the merits of the case and not on the person of the counsel. Judges must be that even on the face of boorish behavior from those they deal with, they ought to conduct themselves in a manner befitting gentlemen and high officers of the court. (Atty. Mane v. Judge Belen, A.M. No. RTJ-08-2119, June 30, 2008) Q: Judge Ante Jr. was charged with conduct unbecoming of a judge. It was alleged that when the court employee placed the docket book on top of the filing cabinet, the same fell on the floor causing loud sound. Unexpectedly, the judge shouted saying why did you throw the docket book? You get out of here, punyeta, we dont need you! The judge also threw a monobloc chair at the court employee. Should the judge be disciplined? A: Yes. The judge, for shouting invectives and hitting complainant with a chair displayed a predisposition to use physical violence and intemperate language which reveals a marked lack of judicial temperament and self-restraint traits which, aside from the basic equipment of learning in the law - are indispensable qualities of every judge. (Briones v. Judge Ante Jr., A.M. No. MTJ-02-1411, Apr. 11, 2002)
Note: Respondent Judge was found guilty of serious misconduct and inefficiency by reason of habitual tardiness. He was fined and suspended for judicial indolence. (Yu-Asensi v. Villanueva A.M. No. MTJ-001245, January 2000)
Sec. 7, Canon 6, NCJC: Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties. Q: What is the duty under this Section? A: A judge shall not accept duties that will interfere with his devotion to the expeditious and proper administration of his official functions
Note: When a judge, along with two other people, acted as real estate agents for the sale of a parcel of land for which he agreed to give a commission of P100,000 to each of his companions, and after the transaction was completed only gave the complainants P25,000 each, the high Court held that the judge violated the section of the prior Code of Judicial Conduct. (Catbagan v. Barte, A.M. No. MTJ02-1452, Apr. 6, 2005)
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right to a speedy disposition of their case and undermines the peoples faith in the judiciary. Indeed, justice delayed is justice denied (Angelia v. Grageda, A.M. No. RTJ-10-2220, February 7, 2011). Rule 1.02, Canon 1, CJC: A judge should administer justice impartially and without delay.
III. CODE OF JUDICIAL CONDUCT (1989)
Q: What is the applicability of this Code? A: This code applies suppletorily. CANON 1, CJC A JUDGE SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY.
Rule 1.01,Canon 1, CJC: A judge should be the embodiment of competence, integrity and independence. Q: A complaint was filed against respondent Judge Grageda for the delay in the resolution of motions relative to Civil Case No. 54-2001, entitled Pio Angelia v. Arnold Oghayan. Plaintiff Angelia averred that the case was filed way back on August 8, 2001. After numerous postponements, pre-trial was finally set on December 6, 2007. On December 20, 2007, counsel for complainant received an order dated December 6, 2007 dismissing the case for failure to prosecute. On December 28, 2007, Angelia filed a motion for reconsideration reasoning out that the failure to prosecute could not be attributed to him. On July 28, 2008, he filed his Urgent Motion for the Early Resolution of said December 2007 Motion for Reconsideration. He claimed that despite the lapse of a considerably long period of time, no action was taken by Judge Grageda. Is respondent Judge Gragela GUILTY of undue delay in resolving a motion in violation of Rule 1.02, Canon 1 and Rule 3.05, Canon 3 of the Code of Judicial Conduct? A: Yes. Failure to decide cases and other matters within the reglementary period constitutes gross inefficiency and warrants the imposition of administrative sanction against the erring magistrate. Such delay is clearly violative of the above-cited rules. Delay in resolving motions and incidents pending before a judge within the reglementary period of ninety (90) days fixed by the Constitution and the law is not excusable and constitutes gross inefficiency. As a trial judge, Judge Grageda was a frontline official of the judiciary and should have at all times acted with efficiency and with probity. Judges must decide cases and resolve matters with dispatch because any delay in the administration of justice deprives litigants of their
Rule 1.03, Canon 1, CJC: A judge should be vigilant against any attempt to subvert the independence of the judiciary and should forthwith resist any pressure from whatever source from whatever source intended to influence the performance of official functions. CANON 2, CJC A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL ACTIVITES
Rule 2.01, Canon 2, CJC: A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary. Q: Judge Canoy was charged with several counts of gross ignorance of the law and/or procedures, grave abuse of authority, and appearance of impropriety (Canon 2, Code of Judicial Conduct) for granting bail to Melgazo, the accused in a criminal case, without any application or petition for the grant of bail filed before his court or any court. He verbally ordered the branch clerk of court to accept the cash deposit as bail, to earmark an official receipt for the cash deposit, and to date it the following day. He did not require Melgazo to sign a written undertaking containing the conditions of the bail under Sec. 2, Rule 114 to be complied with by Melgazo. Thus, Judge Canoy ordered the police escorts to release Melgazo without any written order of release. Should respondent Judge Canoy be held administratively liable for violating of Supreme Court rules, directives and circulars under Sec. 9, Rule 140, RRC (as amended by A.M. No. 01-8-10-SC) ? A: Yes. Granting of bail without any application or petition to grant bail is a clear deviation from the procedure laid down in Sec. 17 of Rule 114.
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As regards the insistence of Judge Canoy that such may be considered as constructive bail, there is no such species of bail under the Rules. Despite the noblest of reasons, the Rules of Court may not be ignored at will and at random to the prejudice of the rights of another. Rules of procedure are intended to ensure the orderly administration of justice and the protection of substantive rights in judicial and extrajudicial proceedings. In this case, the reason of Judge Canoy is hardly persuasive enough to disregard the Rules. (Pantilo III v. Canoy, A.M. No. RTJ-112262, February 9, 2011) Rule 2.02, Canon 2,CJC: A judge should not seek Publicity for personal vainglory. and other identification purposes, it cannot be used with the intent to use the prestige of his judicial office to gainfully advance his personal, family or other pecuniary interests. Nor can the prestige of a judicial office be used or lent to advance the private interests of others, or to convey or permit others to convey the impression that they are in a special position to influence the judge. (Canon 2, Rule 2.03 of the Code of Judicial Conduct) To do any of these is to cross into the prohibited field of impropriety. (Belen v. Belen, A.M. No. RTJ-08-2139, August 9, 2010) Rule 2.04, Canon 2,CJC: A judge should refrain from influencing in any manner the the outcome of litigation or dispute pending before another court or administrative agency.
Rule 2.03, Canon 2,CJC: A judge shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey the impression that they are in a special position to influence the judge. Q: Judge Belen was charged with grave abuse of authority and conduct unbecoming a judge. He filed a complaint for Estafa against complainants father. However such was dismissed by the city prosecutor for lack of probable cause. After the dismissal of the complaint, Judge Belen started harassing and threatening the complainant with filing of several cases against the latter. He also wrote using his personal stationary, several letters addressed to certain local government authorities and employees, requesting information on complainants piggery and poultry business and advising them of the alleged violations by the complainant of the National Building Code and certain environmental laws. An administrative complaint was filed against the judge for violation of the New Code of Judicial Conduct on the ground that by using the letter head indicating his position as the Presiding Judge he was trying to use the prestige of his judicial office for his own personal interest. Is the judge liable? A: YES. While the use of the title is an official designation as well as an honor that an incumbent has earned, a line still has to be drawn based on the circumstances of the use of the appellation. While the title can be used for social
CANON 3, CJC A JUDGE SHOULD PERFOM OFFICIAL DUTIES HONESTLY, AND WITH IMPARTIALITY AND DILIGENCE
ADJUDICATIVE RESPONSIBILITIES
Rule 3.01, Canon 3,CJC: A judge shall be faithful to the law and maintain professional competence. Q. Plaintiff Conquilla was charged for direct assault after respondent Judge B conducted a preliminary investigation and found probable cause to hold the complainant for trial for the said crime. Complainant then filed an administrative complaint, alleging that under A.M. No. 05-08-[2]6-SC, first level court judges no longer have the authority to conduct preliminary investigations. Is the respondent judge guilty of gross ignorance of the law? A: Yes. When a law or a rule is basic, judges owe it to their office to simply apply the law. Anything less is gross ignorance of the law. Judges should exhibit more than just a cursory acquaintance with the statutes and procedural rules, and should be diligent in keeping abreast with developments in law and jurisprudence. It was therefore incumbent upon respondent judge to forward the records of the case to the Office of the Provincial Prosecutor for preliminary
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investigation, instead of conducting the preliminary investigation himself upon amendment of the law stripping the power of first level court judges to conduct preliminary investigation. (Conquilla v. Bernando, A.M. No. MTJ-09-1737, February 9, 2011) Rule 3.02, Canon 3, CJC: In every case, a judge shall endeavor diligently to ascertain the facts and the applicable law unswayed by partisan interests, public opinion or fear of criticism.
Note: A judge is expected to decide cases only on the basis of the applicable law on the matter, not on any other extraneous factors, such as public opinion, personal convictions and partisan interests (Lapena, 2009). prescribing the time within which certain acts must be done are indispensable to prevent needless delays in the orderly and speedy disposition of cases. Thus, the 90-day period is mandatory. (Re: Cases Submitted for Decision Before Hon. Teresito A. Andoy, A.M. No. 09-9-163-MTC, May 6, 2010) Note: The Court has repeatedly emphasized the need for judges to resolve their cases with dispatch. Delay does not only constitute a serious violation of the parties constitutional right to speedy disposition of cases, it also erodes the faith and confidence of the people in the judiciary, lowers its standards, and brings it into disrepute. (Office of the Court Administrator v. Quilatan, A.M. No. MTJ-09-1745, September 27, 2010)
Rule 3.03, Canon 3,CJC: A judge shall maintain order and proper decorum in the court.
Rule 3.06, Canon 3, CJC: While a judge may, to promote justice, prevent waste of time or clear up some obscurity, properly intervene in the presentation of evidence during the trial, it should always be borne in mind that undue interference may prevent the proper presentation of the cause or the ascertainment of truth. Rule 3.07, Canon 3; CJC: A judge should abstain from making public comments on any pending or impending case and should require similar restraint on the part of court personnel.
Rule 3.04, Canon 3,CJC: A judge should be patient, attentive, and courteous to lawyers, especially the inexperienced, to litigants, witnesses, and others appearing before the court. A judge should avoid unconsciously falling into the attitude of mind that the litigants are made for the courts, instead of the courts for the litigants. Q: How would you characterize the relationship between the judge and a lawyer? Explain A: The Code of Professional Responsibility requires lawyers to observe and maintain respect for judicial officers (Canon 11,CPR). On the other hand, the Code of Judicial Conduct requires judges to be patient, attentive and courteous to lawyers (Rule 3.03, CJC). In a word, lawyers and judges owe each other mutual respect and courtesy. (1996 Bar Question) Rule 3.05, Canon 3,CJC: A judge shall dispose of the courts business promptly and decide cases within the required periods.
Note: Article VIII, Section 15(1) of the 1987 Constitution mandates lower court judges to decide a case within the reglementary period of 90 days. The Code of Judicial Conduct under Rule 3.05 of Canon 3 likewise enunciates that judges should administer justice without delay and directs every judge to dispose of the courts business promptly within the period prescribed by law. Rules
ADMINISTRATIVE RESPONSIBILITIES
Rule 3.08, Canon 3,CJC: A judge should diligently discharge administrative responsibilities, maintain professional competence in court management, and facilitate the performance of the administrative functions or other judges and court personnel. Rule 3.09, Canon 3,CJC: A judge should organize and supervise the court personnel to ensure the prompt and efficient dispatch of business, and require at all times the observance of high standards of public service and fidelity.
Rule 3.10, Canon 3,CJC: A judge should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware.
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A: There is no merit to the motion. Rule 3.12 of the CJC provides that a judge should take no part where the judges impartiality might reasonably be questioned. Among the instances for the disqualification of a judge is that he is related to a party litigant within the sixth degree or to counsel within the fourth degree of consanguinity or affinity. But this refers to counsel of the parties. As amicus, he represents no party to the case. There is, therefore, no ground to fear the loss of the judges impartiality in this case if his son is appointed amicus curiae. (1996 Bar Question) REMITTAL OF DISQUALIFICATION
Rule 3.11, Canon 3, CJC: A judge should appoint commissioners, receivers, trustees, guardians, administrators and others strictly on the basis of merit and qualifications, avoiding nepotism and favoritism. Unless otherwise allowed by law, the same criteria should be observed in recommending appointment of court counsel. Where the payment of compensation is allowed, it should be reasonable and commensurate with the fair value of services rendered.
DISQUALIFICATION Rule 3.12, Canon 3,CJC: A judge should take no part in a proceeding where the judges impartiality might reasonably be questioned. These cases include among others, proceedings where: The judge has personal knowledge of disputed evidentiary facts concerning the proceeding; b. The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein; c. The judges ruling in a lower court is the subject of review d. The judge is related by consanguinity or affinity to a party litigant within the sixth degree or to counsel within the fourth degree; e. The judge knows the judges spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in f. Controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding. In every instance, the judge shall indicate the legal reason for inhibition. Q: In a hearing before the Court of Tax Appeals, Atty. G was invited to appear as amicus curiae. One of the Judges hearing the tax case is the father of Atty. G. The counsel for the respondent moved for the inhibition of the judge in view of the father-son relationship. Is there merit to the motion? Decide. a.
Rule 3.13, Canon 3, CJC: A judge disqualified by the terms of rule 3.12 may, instead of withdrawing from the proceeding, disclose on the record the basis of disqualification. If, based on such disclosure the parties and lawyers independently of the judges participation, all agree in writing that the reason for the inhibition is immaterial or insubstantial, the judge may then participate in the proceeding. The agreement signed by the parties, shall be incorporated in the record of the proceeding.
CANON 4, CJC A JUDGE MAY, WITH DUE REGARD TO OFFICIAL DUTIES, ENGAGE IN ACTIVITIES TO IMPROVE THE LAW, THE LEGAL SYSTEM AND THE ADMINISTRATION OF JUSTICE.
Rule 4.01, Canon 4, CJC: A judge may, to the extent that the following activities do not impair the performance of judicial duties or cast doubt on the judges impartiality: a. Speak, write, lecture, teach of participate in activities concerning the law, the legal system and the administration of justice; b. Appear at a public hearing before a legislative or executive body on matters concerning the law, the legal system or the administration of justice and otherwise consult with them on matters concerning the administration of justice; c. Serve on any organization devoted to the improvement of the law, the legal system or the administration of justice.
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CANON 5, CJC A JUDGE SHOULD REGULATE EXTRAJUDICIAL ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL DUTIES. (1995, 1997, 1999, 2000, 2002 Bar Question) 2. 3. Interfere with the proper performance of judicial activities; or Increase involvement with lawyers or persons likely to come before the court.
A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualification. (Rule 5.02) Rule 5.03, Canon 5, CJC: Subject to the provisions of the proceeding rule, a judge may hold and manage investments but should not serve as officer, director, manager or advisor, or employee of any business except as director of a family business of the judge. Q: May a judge hold and manage an investment? A: Subject to the provisions of the preceding rule, GR: A judge may hold and manage investments but should not serve as: 1. An officer 2. Director 3. Manager 4. Advisor 5. Employee of any business XPN: As director of a family business of the judge. (Rule 5.03)
Note: A judge should regulate his extra-judicial activities so as to minimize the risk of conflict with judicial duties. ADVOCATIONAL, CIVIL AND CHARITABLE ACTIVITES
Rule 5.01, Canon 5, CJC: A judge may engage in the following activities provided that they do not interfere with the performance of judicial duties or detract from dignity of the court: a. b. Write, teach and speak on nonlegal subjects; Engage in the arts, sports, and other special recreational activities; Participate in civic and charitable activities; Serve as an officer, director, trustee, or non-legal advisor of non-profit or non-political, educational, religious, charitable, fraternal, or civic organization. FINANCIAL ACTIVITIES Rule 5.02, Canon 5, CJC: A judge shall refrain from financial and business dealing that tend to reflect adversely on the courts impartiality, interfere with the proper performance of judicial activities or increase involvement with lawyers or persons likely to come before the court. A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualifications. Q: What is the rule regarding financial activities? A:A judge shall refrain from financial and business dealings that tend to: 1. Reflect adversely impartiality; on the courts
c. d.
Rule 5.04, Canon 5, CJC: A judge or any immediate member of the family shall not accept a gift, bequest, factor or loan from any one except as may be allowed by law.
Rule 5.05, Canon 5, CJC: No information acquired in judicial capacity shall be sued of disclosed by a judge in any financial dealing or for any other purpose not related to judicial activities.
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FIDUCIARY ACTIVITIES
PRACTICE OF LAW AND OTHER PROFESSION Rule 5.07, Canon 5, CJC: A judge shall not engage in the private practice of law. Unless prohibited by the Constitution or law, a judge may engage in the practice of any other profession provided that such practice will not conflict or tend to conflict with judicial functions.
Rule 5.06, Canon 5, CJC: A judge should not serve as the executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trusts, or person of a member of the immediate family, and then only if such service will not interfere with the proper performance of judicial duties. Member of immediate family shall be limited to the spouse and relative within the second degree of consanguinity. As a family, a judge shall not: a. Serve in proceedings that might come before the court of said judge; or b. Act as such contrary to rule 5.02 to 5.05. Q: What is the rule regarding fiduciary activities? A: GR: A judge should not serve as; 1. Executor 2. Administrator 3. Trustee 4. Guardian 5. Other fiduciary XPN: For the: 1. Estate; 2. Trust; or 3. Person of a member of the immediate family. Provided, that such service shall not interfere with the proper performance of judicial office. (Rule 5.06) Q: As a family fiduciary, what should a judge refrain from doing? A: As a Family Fiduciary, a judge shall not: 1. 2. Serve in proceedings that might come before the court of said judge; or Act as such contrary to rules 5.02 and 5.05
FINANCIAL DISCLOSURE Rule 5.08, Canon 5, CJC: A judge shall make full financial disclosure as required by law. Q: What is the rule on financial disclosure? A: A judge shall make full financial disclosure as required by law. (Rule 5.08) EXTRAJUDICIAL APPOINTMENTS
Rule 5.09, Canon 5, CJC: A judge shall not accept appointment or designation to any agency performing quasi-judicial or administrative functions.
Note: The prohibition is based on Section 12, Article VIII of the Constitution, which provides that, The members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. Reason: The appointment to such positions will likely interfere with the performance of the judicial functions of a judge.
POLITICAL ACTIVITIES Rule 5.10, Canon 10, CJC: A judge is entitled to entertain personal views on political questions. But to avoid suspicion of political partisanship, a judge shall not make political speeches, contribute to party fund, publicly endorse candidates for political office or participate in other partisan political activities.
Note: What is prohibited is partisan political activity.
Note: Member of the immediate family shall be limited to the spouse and relatives within the second degree of consanguinity. The relationship mentioned is consanguinity not affinity.
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rather than promote the orderly administration of justice. (Ocenar v. .Judge Mabutin, A.M. No. MTJ 05158, Feb. 2005)
IV. DISCIPLINE OF MEMBERS OF THE JUDICIARY
A. DISCIPLINE OF THE MEMBERS OF THE SUPREME COURT Q: Who has the power to discipline members of the bench? A: 1. The Supreme Court has exclusive administrative supervision over all courts and its personnel. (Section 6, Art. VIII, 1986 Constitution) The Court en banc has the power to discipline all judges of lower courts including justices of the Court of Appeals. (Section 11, Art. VIII, 1986 Constitution)
B. DISCIPLINE OF LOWER COURT JUDGES AND JUSTICES

Note: The acts of a judge in his judicial capacity are not subject to disciplinary action. In the absence of fraud, malice or dishonesty in rendering the assailed decision or order, the remedy of the aggrieved party is to elevate the assailed decision or order to the higher court for review and correction. However, an inquiry into a judges civil, criminal and/or administrative liability may be made after the available remedies have been exhausted and decided with finality. (Republic v. Caguioa, A.M. No. RTJ-07-2063, June 26, 2009)
2.
Q: How are the proceedings for the discipline of judges instituted? A: Proceedings for the discipline of judges of regular and special courts and justices of the Court of Appeals and the Sandiganbayan may be instituted: 1. 2. Motu propio by the Supreme Court; Upon a verified complaint filed before the Supreme Court supported by: a. Affidavit of persons who have personal knowledge of the facts alleged therein; or Documents which may substantiate said allegations.
Q: May judges and justices be disbarred? A: Yes. Judges and justices, being lawyers, may also be disbarred, if found guilty of certain crimes and/or other causes for disbarment under the Rules of Court. Justices of the Supreme Court however may not be disbarred unless and until they shall have been first impeached in accordance with the Constitution.
b.
A. IMPEACHMENT
Q: What is the nature of impeachment proceedings against SC justices? A: Penal in nature governed by rules on criminal case. Q: What is the degree of proof required? A: Requires proof beyond reasonable doubt. Q: Who are subject to impeachment? A: Only SC Justices are subject to impeachment. 3.
Anonymous complaint supported by public records of indubitable integrity filed with the Supreme Court.
Q: What is the form of the complaint and what should it state? A: The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for judges by law, the Rules of Court, or the Code of Judicial Conduct. C. GROUNDS
Note: While it is the duty of the court to investigate and determine the truth behind every matter in complaints against judges and other court personnel, it is also their duty to see to it that they are protected and exonerated from baseless administrative charges. The Court will not shirk from its responsibility of imposing discipline upon its magistrates, but neither will it hesitate to shield them from unfounded suits that serve to disrupt
Q. What are the grounds for discipline of judges? A. 1. Serious Misconduct implies malice or wrongful intent, not mere error of judgment.
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Judicial acts complained of: a. Must be corrupt or inspired by an intention to violate the law; or b. Were in persistent disregard for wellknown legal rules.
Note: There is misconduct when there is reliable evidence showing that judicial actions are corrupt or inspired by intent to violate the law or in persistent disregard of legal rules. Note: Serious misconduct implies malice or a wrongful intent, not a mere error of judgment. For it to exist, there must be reliable evidence showing that the judicial acts complained of were corrupt or inspired by an intention to violate the law or were in persistent disregard of well-known legal rules.
complainants questioned both Orders for Release, alleging that the requirements for the bail bond had not been fulfilled and that the said judge had no jurisdiction to order the release. Is Judge Jovellanos guilty of gross incompetence and gross ignorance of the law? A: Yes. A judge should be acquainted with legal norms and precepts as well as with statutes and procedural rules. Unfamiliarity with the Rules of Court is a sign of incompetence. He must have the basic rules at the palm of his hands as he is expected to maintain professional competence at all times. Here, there are two defects in the Orders for Release signed by Judge Jovellanos. First, in both cases, the detainees had not registered the bailbond in accordance with the Rules of Criminal Procedure. One may not be given provisional liberty if the bailbond is not registered with the proper office. Secondly, Judge Jovellanos did not have jurisdiction to order the release of the detainees as the cases were not pending in his court and the suspects were not arrested within his jurisdiction. (Santiago v. Judge Jovellanos, A.M. No. MTJ-00-1289, Aug. 1, 2000)
Note: Judges are not expected to be infallible; not every error or irregularity committed by judges in the performance of official duties is subject to administrative sanction. In the absence of bad faith, fraud, dishonesty, or deliberate intent to do injustice, incorrect rulings do not constitute misconduct and may give rise to a charge of gross ignorance of the law. (Cruz v. Iturralde, A.M. No. MTJ-03-1775, April 30. 2003).
2.
Inefficiency implies negligence, incompetence, ignorance and carelessness. A judge would be inexcusably negligent if he failed to observe in the performance of his duties that diligence, prudence and circumspection which the law requires in the rendition of any public service.
Q: Should a judge be held administratively liable for ignorance of the law for granting bail to an accused in a criminal case without the requisite bail hearing, and despite the fact that there was an eyewitness to the murder who made a positive identification of the accused? A: Yes. It is already settled that when a judge grants bail to a person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment without conducting the required bail hearing, he is considered guilty of ignorance or incompetence the gravity of which cannot be excused by a claim of good faith or excusable negligence. When a judge displays an utter unfamiliarity with the law and the rules, he erodes the confidence of the public in the courts. A judge owes the public and the court the duty to be proficient in the law and is expected to keep abreast of laws and the prevailing jurisprudence. Ignorance of the law by a judge can easily be the mainspring of injustice.(Grageda v. Judge Tresvalles, A.M. MTJ No. 04-1526, Feb. 2, 2004) Q: Santiago and Sanchez were complainants in two different criminal cases before the MTC of Bulacan and the RTC of Pampanga respectively. The suspects in each of the criminal cases were caught and detained by authorities. However, both suspects were released by order of Judge Jovellanos of MCTC Pangasinan. The
Q: Cruz was the defendant in an ejectment case filed by the Province of Bulacan involving a parcel of land owned by the said province. A decision was rendered against Cruz. He then filed an appeal and several motions for reconsideration but all were subsequently denied by Justice Alino-Hormachuelos before whom the motions were filed. Consequently, Cruz charged all the judges and justices with grave misconduct, gross inexcusable negligence, and rendering a void judgment. Should the judges be held liable for grave misconduct and gross ignorance of the law? A: No. The Court has consistently held that judges will not be held administratively liable for mere errors of judgment in their rulings or decisions absent a showing of malice or gross ignorance on their part. Bad faith or malice cannot be inferred simply because the judgment is adverse to a party. To hold a judge administratively accountable for every erroneous ruling or decision he renders, assuming that he has erred,
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would be nothing short of harassment and would make his position unbearable. Here, the fact that the judge or justices rendered a decision not favorable to Cruz is not enough to make them liable for grave misconduct. (Cruz v. Justice AlinoHormachuelos et. al., A.M. No. CA-04-38, Mar. 31, 2004) Q: Judge Caguioa cited attorney X in direct contempt for allegedly using disrespectful language in his pleadings, and directed the latters arrest. Thereafter, the judge denied Atty. X request to allow him to post a bond for his provisional liberty. Atty. X now charged Judge Caguioa of gross ignorance of law for denying his request. Is the judge guilty of gross ignorance of law? A: Yes. When the law violated is so elementary, as in this case, where there is a rule which provides for the procedure to be followed in case of contempt, for a judge not to know or to act as if he does not know it constitutes gross ignorance. The judges act therefore of denying the request to post a bond despite the presence of a rule allowing such constitutes gross ignorance of the law. (Dantes v. Caguioa, A.M. No. RTJ-05-1919, June 27, 2005)
Note: Resort to administrative sanction is an exceptional remedy. The normal course of action is to correct the errors or irregularities in the application of law by the judge by way of motion for reconsideration, or where appropriate under the rules of procedure, motion for new trial or special civil action of certiorari, prohibition or mandamus. An administrative case against the judge would not lie, even if the actions were perceived to have gone beyond the norms of propriety, where a sufficient judicial remedy exists. With much less reason could an administrative case against the judge be a vehicle to correct possible mistakes of ones counsel. (Dadizon v. Judge Asis, A.M. No. RTJ-03-1760, January 15, 2004)
spoken with finality that the door to an inquiry into his criminal, civil, or administrative liability may be said to have opened, or closed. (Maquiran v. Grageda, A.M. No. RTJ-04-1888, Feb. 11, 2005) Q: Santiagos Petition for Reconstitution of Lost/Destroyed Original Certificate of Title was granted by the Quezon City RTC. The Republic of the Philippines through the Office of the Solicitor General appealed the decision to the Court of Appeals the case of which was raffled to the Division where Justice Enriquez was Chairperson. The special division reversed and set aside the Decision of the Quezon City RTC. Motion for Reconsideration having been denied, complainant filed the present complaint before the SC. Pending the decision of the SC, an administrative charge of Gross Ignorance of the law/Gross Incompetence was filed against respondent Associate Enriquez. Is the filing of the administrative complaint against him proper? A: No. The remedy of the aggrieved party is not to file an administrative complaint against the judge, but to elevate the assailed decision or order to the higher court for review and correction. An administrative complaint is not an appropriate remedy where judicial recourse is still available, such as a motion for reconsideration, an appeal, or a petition for certiorari, unless the assailed order or decision is tainted with fraud, malice, or dishonesty. The failure to interpret the law or to properly appreciate the evidence presented does not necessarily render a judge administratively liable. A judicial officer cannot be called to account in a civil action for acts done by him in the exercise of his judicial function, however erroneous. In the words of Alzua and Arnalot v. Johnson, it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself." This concept of judicial immunity rests upon consideration of public policy, its purpose being to preserve the integrity and independence of the judiciary. This principle is of universal application and applies to all grades of judicial officers from the highest judge of the nation and to the lowest officer who sits as a court. (Santiago III v. Justice Enriquez, Jr. A.M. No. CA-09-47-J, February 13, 2009)
Q: Is a disciplinary and criminal action against a judge a substitute for judicial remedies? A: Disciplinary and criminal actions against a judge, are not complementary or suppletory of, nor a substitute for, judicial remedies, whether ordinary or extraordinary. Resort to and exhaustion of judicial remedies are prerequisites for the taking of other measures against the persons of the judges concerned, whether of civil, administrative, or criminal nature. It is only after the available judicial remedies have been exhausted and the appellate tribunals have
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Q: What are the classifications of charges? A: Administrative charges are classified as: 1. Serious 2. Less serious 3. Light. Q: What are considered as serious charges? A: 1. 2. Bribery, direct or indirect; Dishonesty and violations of the Anti-Graft and Corrupt Practices Law; (R.A. 3019) 3. Gross misconduct constituting violations of the Code of Judicial Conduct 4. Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate proceeding 5. Conviction of a crime involving moral turpitude 6. Willful failure to pay a just debt 7. Borrowing money or property from lawyers and litigants in a case pending before the court 8. Immorality 9. Gross ignorance of the law or procedure 10. Partisan political activities 11. Alcoholism and/or vicious habits Q: What are considered as less serious charges? A: 1. Undue delay in rendering a decision or order, or in transmitting the records of a case Frequently and unjustified absences without leave or habitual tardiness Unauthorized practice of law Violation of Supreme Court rules, directives, and circulars Receiving additional or double compensation unless specifically authorized by law Untruthful statements in the certificate of service Simple misconduct Q: Are the confidential? proceedings against them
A: Proceedings against judges of regular and special courts and justices of the Court of Appeals and the Sandiganbayan shall be private and confidential, but a copy of the decision or resolution of the Court shall be attached to the record of the respondent in the Office of the Court Administrator. (Sec 12, Rule 140,RRC) Q: What is the effect of resignation or retirement of a judge when there is a pending administrative case against him? A: The retirement of a judge or any judicial officer from service does not preclude the finding of any administrative liability to which he should still be answerable. Also, the withdrawal or recantation of the complaint does not necessarily result in the dismissal of the case. (Atty. Molina v. Judge Paz, A.M. No. RTJ -01-1638, December 8, 2003)
Note: The acceptance by the President of the resignation does not necessarily render the case moot or deprive the SC of the authority to investigate the charges. The court retains its jurisdiction either to pronounce the respondent official innocent of the charges or declare him guilty thereof. A contrary rule will be fraught with injustice and pregnant with dreadful and dangerous implications (Pesole v. Rodriguez A.M. No. 755-MTJ, January 31, 1978)
2. 3. 4. 5.
Q:May the heirs of a judge who was found guilty of gross neglect of duty and dismissed from the service with disqualification from holding public office for an offense committed before he was appointed judge, be entitled to gratuity benefits? A: Yes. Upon demise, the administrative complaint of the OCA had to be considered closed and terminated. Therefore, there is no valid reason why the heirs of the deceased should not be entitled to gratuity benefits for the period he rendered service as MTCC judge up to the finality of the CSC Resolution which imposed the penalty of "dismissal from service with all the accessory penalties including disqualification from holding public office and forfeiture of benefits. The penalty of disqualification from holding public office and forfeiture of benefits may not be applied retroactively, however, the judge should be considered terminated from service in the judiciary as his appointment as MTCC judge is deemed conditional upon his exoneration of the CSC administrative charges against him. (Re:
6. 7.
Q: What are considered as light charges? A: 1. 2. 3. 4. Vulgar and unbecoming conduct Gambling in public Fraternizing with lawyers and litigants with pending case/cases in his court Undue delay in the submission of monthly reports
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Application for retirement/gratuity benefits under R.A. 910 as amended by R.A. 5095 and P.D. 1438 filed by Mrs. Butacan, surviving spouse of the late Hon. Jimmy Butacan, former judge of MTC, Tuguegarao City, who died on July 28, 2005,A.M. No. 12535-Ret, Apr. 22, 2008) Q: What is the quantum of evidence required for the removal of a judicial officer? A: The ground for removal of a judicial officer should be established beyond reasonable doubt. Such is the rule where the charge on which the removal is sought is misconduct in office, willful neglect, corruption or incompetence. The general rules in regard to admissibility of evidence in criminal trials apply.
Note: For liability to attach, the assailed order, decision or actuation of the judge in the performance of official duties must not only found to be erroneous but, most importantly, it must be established that he was moved by bad faith, dishonesty, hatred or some other like motive. Similarly, a judge will be held administratively liable for rendering an unjust judgment one which is contrary to law or jurisprudence or is not supported by evidence - when he acts in bad faith, malice, revenge or some other similar motive. In other words, in order to hold a judge liable for knowingly rendering an unjust judgment, it must be shown beyond reasonable doubt that the judgment was made with a conscious and deliberate intent to do an injustice. (Judge De Guzman v Dy A.M. No. RTJ1755, July 3, 2003) merely dispenses with the procedure laid down in Rule 140, RRC. (Aguirre, 2006)
Q: In Administrative Circular No. 1 addressed to all lower courts dated January 28, 1988, the Supreme Court stressed: All judges are reminded that the Supreme Court has applied the Res Ipsa Loquitor rule in the removal of judges even without any formal investigation whenever a decision, on its face, indicates gross incompetence or gross ignorance of the law or gross misconduct (Cathay Pacific Airways v. Romillo, G.R. No. 64276, 12 August 1986) The application of the res ipsa loquitor rule in the removal of judges is assailed in various quarters as inconsistent with due process and fair play. Is there any basis for such a reaction? Explain. A: 1. First view - there is a basis for the reaction against the res ipsa loquitor rule on removing judges. According to the position taken by the Philippine Bar Association, the res ipsa loquitor rule might violate the principle of due process that is the right to be heard before one is condemned. Moreover, Rule 140 of the Rules of Court provides for the procedure for the removal of judges. Upon service of the complaint against him, he is entitled to file an answer. If the answer merits a hearing, it is referred to a justice of the Court of Appeals for investigation, the report of the investigation is submitted to the Supreme Court for proper disposition. The danger in applying the res ipsa loquitor rule is that the judge may have committed only an error of judgment. His outright dismissal does violence to the jurisprudence set in (In Re Horilleno, 43 Phil. 212, March 20, 1922) 2. Second view- According to the Supreme Court the lawyer or a judge can be suspended or dismissed based in his activities or decision, as long as he has been given an opportunity to explain his side. No investigation is necessary. Q: Does suspension pendente lite apply to judges? A: No. While it is true that preventive suspension pendente lite does not violate the right of the accused to be presumed innocent as the same is
Q: May a judge be disciplined by the Supreme Court based solely on a complaint filed by the complainant and the answer of respondent judge? If so, under what circumstances? What is the rationale behind this power of the Supreme Court? A: A judge may be disciplined by the Supreme Court based solely on the basis of the complaint filed by the complainant and the answer of the respondent judge, under the principle of res ipsa loquitor. The Supreme Court has held that when the facts alleged in the complaint are admitted or are already shown on the record, and no credible explanation that would negate the strong inference of evil intent is forthcoming, no further hearing to establish such facts to support a judgment as to culpability of the respondent is necessary (In Re: Petition for dismissal of Judge Dizon). (1996 Bar Question)
Note: The doctrine of res ipsa loquitur does not and cannot dispense with the twin requirements of due process, notice and the opportunity to be heard. It
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not a penalty, the rules on preventive suspension of judges, not having been expressly included in the Rules of Court, are amorphous at best. Moreover, it is established that any administrative complaint leveled against a judge must always be examined with a discriminating eye, for its consequential effects are, by their nature, highly penal, such that the respondent judge stands to face the sanction of dismissal or disbarment. As aforementioned, the filing of criminal cases against judges may be used as tools to harass them and may in the long run create adverse consequences. (Re: Conviction of Judge Adoracion G. Angeles, A.M. No. 06-9-545-RTC, Jan. 31, 2008) Q: May justices and judges be investigated under the grievance procedure in the RRC? A: No. Complaints against justices and judges are filed with the Supreme Court which has exclusive administrative supervision over all courts and the personnel thereof pursuant to Section 6 Art. VIII, Constitution. The Court en banc has the power to discipline all judges of lower courts including justices of the Court of Appeals (Section 11, Art. VIII, 1987 Constitution) As a matter of practice, the Supreme Court has assigned complaints against Municipal or Metropolitan Trial Judges to an Executive Judge of a Regional Trial Court and complaints against judges of Regional Trial Courts to a justice of the Court of Appeals, while a complaint against a member of the Court of Appeals would probably be assigned to a member of the Supreme Court for investigation, report and recommendation. Retired SC Justices are now tasked for this purpose. Q: What is the rule on the liability of judges? A: GR: A judge is not liable administratively, civilly, or criminally, when he acts within his legal powers and jurisdiction, even though such acts are erroneous so long as he acts in good faith. In such a case, the remedy of aggrieved party is not to file an administrative complaint against the judge but to elevate the error to a higher court for review and correction. Reason: To free the judge from apprehension of personal consequences to himself and to preserve the integrity and independence of the judiciary. XPN: Where an error is gross or patent, deliberate and malicious, or is incurred with evident bad faith; or when there is fraud, dishonesty, or corruption. Q: What are the civil liabilities under the civil code? A: 1. Article 27 refusal or neglect without just cause by a public servant to perform his official duty. Article 32 directly or indirectly obstructing, defeating, violating or in any manner impeding or impairing civil liberties guaranteed by the Constitution. This responsibility for damages is not, however, demandable of judges except when his act or omission constitutes a violation of the Penal Code or other penal statute. Q: What are the disabilities/restrictions under the Civil Code? A: 1. Article 1491 (5) Justices, judges, prosecuting attorneys, clerks of court of superior and inferior courts and other officers and employees connected with the administration of justice cannot acquire by purchase, even at a public or judicial action, either in person or through the mediation of another the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions. This prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession. (1996 Bar Question) 2. Article 739 Donations made to a judge, his wife, descendants and ascendants by reason of his office are void.
2.
Q: What are the Criminal Liabilities under the RPC and the Anti-Graft and Corrupt Practices Act?
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A: 1. Misfeasance a. Article 204 Knowingly rendering unjust judgment. b. Manifestly Unjust Judgment one which is so patently against the law, public order, public policy and good morals that a person of ordinary discernment can easily sense its invalidity and injustice. 2. Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months A fine of more than P20,000.00 but not exceeding P40,000.00
3.
Q: What are the sanctions if the respondent is found guilty of a less serious charge? A:
Note: It must be shown beyond doubt that the judgment is unjust as it is contrary to law or is not supported by evidence and the same was made with conscious and deliberate intent to do an injustice. (In Re: Climaco, A.C. No. 134-J, January 21, 1974) If the decision rendered by the judge is still on appeal, the judge cannot be disqualified on the ground of knowingly rendering an unjust judgment. (Abad v. Bleza, A.M. No. R-227-RTJ, October 13, 1986)
1.
Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or A fine of more than P10,000.00 but not exceeding P20,000.00.
2.
2.
Article 205 Judgment rendered through negligence committed by reason of inexcusable negligence or ignorance.
Note: The failure of a judge to decide even a single case within the 90-day period was considered gross inefficiency warranting the imposition of fine equivalent to his 1 month salary. (In Re: Judge Danilo Tenerife, A.M. No. 94-5-42-MTC, Mar. 1996)
Q: What are the sanctions if the respondent is found guilty of a light charge? A: Any of the following sanctions shall be imposed: 1. 2. 3. 4. A fine of not less than P1,000.00 but not exceeding P10,000.00 and/or Censure Reprimand Admonition with warning
Note: Negligence and ignorance are inexcusable if they imply a manifest injustice, which cannot be explained by reasonable interpretation (In Re: Climaco).
3.
Article 206 Knowingly rendering an unjust interlocutory order; and Maliciously delaying the administration of justice.
4.
Note: The act must be committed maliciously with deliberate intent to prejudice a party in a case.
E. REINSTATEMENT OF A JUDGE PREVIOUSLY DISCIPLINED Q: When is reinstatement proper?
D. SANCTIONS IMPOSED BY THE SUPREME COURT ON ERRING MEMBERS OF THE JUDICIARY Q: What are the sanctions if the judge is found guilty of a serious charge? A: Any of the following sanctions may be imposed: 1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including governmentowned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits
A: Reinstatement is proper when there is no indication that the judge is inspired by corrupt motives or reprehensive purpose in the performance of his functions. Q: What are the factors to be considered in reinstatement? A: 1. 2. 3. 4. Unsullied name and service of record prior to dismissal Commitment to avoid situation that spur suspicion of arbitrary conditions Complainant mellowed down in pushing from his removal Length of time separated from service
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PROCEDURE FOR DISCIPLINE OF JUDGES OF REGULAR AND SPECIAL COURTS. AND JUSTICES. OF THE COURT OF APPEALS AND THE SANDIGANBAYAN. (A.M. NO. 01-8-10-SC). (2005 Bar Question).
If the complaint is sufficient in form and substance, a copy thereof shall be served upon the respondent and he shall be required to comment within 10 days from date of service.
If the complaint is not sufficient in form and substance, the same shall be dismissed.
Upon the filing of the respondents comment or upon the expiration of the time for filing the same and unless other pleadings or documents are required, the Supreme Court shall refer the matter to:
Office of the Court Administrator for evaluation, report, and recommendation
The investigating justice or judge shall set a day of the HEARING and send notice thereof to both parties. At such hearing the parties may present oral and documentary evidence. If, after due notice, the respondent fails to appear, the investigation shall proceed ex parte. The investigating justice or judge shall terminate the investigation within ninety (90) days from the date of its commencement or within such extension as the Supreme Court may grant.
Or assign the case for investigation, report, and recommendation to a retired member of the Supreme Court, if the respondent is a justice of the CA and the Sandiganbayan
Or to a justice of the CA, if the respondent is a judge of a Regional Trial Court or of a special court of equivalent rank
Or to a judge of the Regional Trial Court if the respondent is a judge of an inferior court.
The Court shall take such ACTION on the report as the facts and the law may warrant.
Within thirty (30) days from the termination of the investigation, the investigating Justice or Judge shall submit to the Supreme Court a REPORT containing findings of fact and recommendation. The report shall be accompanied by the record containing the evidence and the pleadings filed by the parties. The report shall be confidential and shall be for the exclusive use of the Court.
Note: Before the Court approved this resolution, administrative and disbarment cases against members of the bar who were likewise members of the court were treated separately. However, pursuant to the new rule, an administrative case against a judge of a regular court based on grounds which are also grounds for the disciplinary action against members of the Bar shall be automatically considered as disciplinary proceedings against such judge as a member of the Bar. Since membership in the bar is an integral qualification for membership in the bench, the moral fitness of a judge also reflects his moral fitness as a lawyer. A judge who disobeys the basic rules of judicial conduct also violates his oath as a lawyer. (Samson v. Judge Caballero, A.M. No. RTJ-08-2138 ,Aug. 5, 2009)
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LEGAL FORMS
I. COMMON FORMS
A. ACKNOWLEDGMENT
Note: Form is important when the law requires a document or other special form, such as those mentioned in Article 1358 of the New Civil Code, donation of an immovable property under Art. 749, NCC, pledge under Art. 2096, NCC. (Suarez, 2007) Note: Acknowledgment is a statutory act such that only those instruments that are required by law to be acknowledged shall be acknowledged; it is also a personal act such that it cannot be acknowledged by a person other than the one who executed it. (Suarez, 2007)
Q: What does the study of Legal Forms include? A: It includes the following: 1. Business Forms Forms used in conveyance, or of the forms of deeds, instruments or documents creating, transferring, modifying or limiting rights to real as well as personal properties, and other forms related to business contracts or transactions. (Legal Forms, Suarez 2007) 2. Judicial Forms Forms which pertain to different kinds of pleadings, applications, petitions, affidavits, motions and the like. (Ibid) Q: What is a document? A: It is a writing or instrument by which a fact may be proven or affirmed. A document may either be private or public. 1. Private Document a deed or instrument executed by a private person, without the intervention of a notary public or of other person legally authorized, by which a document, some disposition or agreement is proved, evidenced or set forth. 2. Public Document a. An instrument authenticated by a notary public or a competent public official, with the formalities required by law b. An instrument executed in due form before a notary certified by him c. That which is made by a notary public in the presence of the parties who executed it, with the assistance of two witnesses. (Suarez, 2007)
Q: What are examples of instruments that must be acknowledged? A: a. Deeds b. Conveyances c. Mortgages d. Leases e. Releases and discharges affecting lands whether registered under Act 496 or unregistered
Note: If not acknowledged, such documents will not be accepted by the Register of Deeds for registration (Suarez, 2007) Note: The person who executed the instrument is the one who executes an acknowledgment.
Q: When is an acknowledgment made? A: An acknowledgment is made in documents where there is transfer or conveyance of title to property, transmission of rights or manifestation of agreement of parties (fulfilment of a prestation to give, to do or not to do)
Note: It should be used only in contracts, never in affidavits or sworn statements. (Albano, Albano, Jr. and Albano, 2004)
Q: What is the meaning of Scilicet or S.S.? A: S.S. literally means more particularly (Suarez, 2007), to wit, or namely (Guevara, 2010).It is used to particularize a general statement. (Ibid) In notarized documents, it indicates that the legal document was executed in the designated place within that particular jurisdiction for such an act.
Note: The omission of SS in a legal document is not material so as to invalidate it. (McCord, et al. v. Glenn, 6 Utah 139, 21 Pac. 500; Guevara, 2010)
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Ust golden notes 2011

Form 1: General Form of Acknowledgment
[1] ACKNOWLEDGMENT [2] REPUBLIC OF THE PHILIPPINES) PROVINCE OF _______________) CITY/MUNICIPALITY OF _______) S.S. [3] BEFORE ME, a NOTARY PUBLIC for and in the above jurisdiction, this ___ day of _____, 2011, personally appeared the following persons [4] NAME ____________________ ____________________ [5] IDENTIFICATION ___________________ ___________________ [6] DATE AND PLACE OF ISSUANCE _______________________ _______________________
[7] Known to me to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their own free and voluntary act and deed [12] and of the corporations herein represented. [8] This instrument refers to a (title of document) and consists of ___ pages including the page on which this acknowledgment is written and signed by the parties and their instrumental witnesses on each and every page thereof. [9] WITNESS MY HAND AND SEAL on the date and at the place above written.
[10] JUAN DELA CRUZ NOTARY PUBLIC- Makati City Appointment No. ____ Until December 31, 2010 Roll no. ____ PTR no. ____, date of issue, place of issue IBP no. _____, date of issue, place of issue Office Address: Email: Contact Number: [11] Doc. No._____; Page No. ____; Book No.____; Series of 2011.
Q: What are acknowledgment? A: [1] [2] [3] [4]
the
contents
of
an
Title of the notarial act Place of execution Date Name of person acknowledging the document (as well as name/s of the entity/ies being represented, if such is the case) [5] Competent evidence of identity presented
[6] Date and place of issue of the competent evidence of identity presented [7] Acknowledgment made to the notary public that it is the persons voluntary act and deed [8] Type of document executed and number of pages [9] Notarial certificate [10] Identity of notary public [11] Details of the notarial register [12] If executed in a representative capacity, a statement to that effect.
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UST- Golden Notes 2011

B. JURAT Q: What is a Jurat? A: It is that part of an affidavit in which the officer certifies that the instrument was sworn to before him. It is not part of the affidavit. (Suarez, 2007)
Note: Jurat is important as it gives the document a legal character.(Ibid)
Q: When should jurats be executed? A: It is used in any notarized document that is declaratory in nature, such as: a. b. c. Affidavits Certifications Whenever the person executing the document makes a statement of facts or attests to the truthfulness of an event, under oath.
Q: Who executes a Jurat? A: The notary public. He certifies that the same was sworn before him.
Note: A jurat should be used only in affidavits, sworn statements, certifications, verifications and the like. Never use it in contracts. (Albano, Albano, Jr. and Albano, 2004)
Form 2: Jurat REPUBLIC OF THE PHILIPPINES) PROVINCE OF _______________) CITY/MUNICIPALITY OF ______ ) S.S.
[1] SUBSCRIBED AND SWORN to before me, in the municipality/ city of_____, this ____ day of ____, 20011, the affiant exhibiting to me his (any competent evidence of identity) issued by (issuing agency) on (date of issue) at (place of issue). [2] JUAN DELA CRUZ NOTARY PUBLIC- Makati City Appointment No. ____ Until December 31, 2010 Roll no. ____ PTR no. ____, date of issue, place of issue IBP no. _____, date of issue, place of issue Office Address: Email: Contact Number: [3] Doc. No._____; Page No. ____; Book NO.____; Series of 2011 Q: What are the contents of a Jurat? A: Remember its three (3) sections: [1] The Notarys declaration regarding when and where the person took an oath or affirmation as to the document or instrument and his competent evidence of identity, bearing his picture and signature was presented. [2] The identity of the notary public with the following: a. Complete name of the Notary Public a. Place of commission b. Appointment number c. d. e. f. g. [3] Expiration date of the Notarial Commission Roll Number PTR number IBP Number Office address
The details of the Notarial Register a. Document number b. Page number c. Book number d. Series number (year)
194
Legal Forms Common Forms

C. PLEADING Q: What are pleadings? A: Pleadings are the written statements of the respective claims and defenses submitted to the court for appropriate judgment. (Sec. 1, Rule 6, RRC) Q: What is the purpose of a pleading? A: Its purpose is to define the issues and form the foundation of the proof to be submitted at the trial. It narrows the case down to a specific issue or issues which will be submitted to the court for trial and judgment. (Suarez, 2007) Form 3: General Format of a Pleading REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH ________, MAKATI CITY [1]________________________, Plaintiff, -versus________________________, Defendant. x--------------------------------------x [2] (TITLE) (Plaintiff/ Defendant), through Counsel, unto this Court, respectfully states: [3] (BODY) -allegations[4](PRAYER) Q: What are the parts of a pleading? A: Cap-Ti-BRA PLUS [1] Caption [2] Title [3] Body [4] Relief [5] Attorney [6] PLUS a. Verification, if required b. Certificate of non-forum shopping, when appropriate c. Notice of hearing, when required d. Proof of service e. Explanation
Civil Case No.____ For: ____________
Makati City, Philippines, ________ (date) __________. _________________ [5] Attorney [6] VERIFICATION, if required CERTIFICATE OF NON-FORUM SHOPPING, when appropriate NOTICE OF HEARING, when required PROOF OF SERVICE EXPLANATION
ACADEMICS CHAIR: LESTER JAY ALLAN FLORES UNIVERSITY OF SANTO TOMAS VICE CHAIRS FOR ACADEMICS: KAREN SABUGO & JOHN HENRY MENDOZA Facultad de Derecho Civil VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE LEE VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE MASACAYAN & THEENA MARTINEZ
195
UST- Golden Notes 2011

D. PRAYER Q: What is a Prayer? A: This is a part of the pleading which states the relief or reliefs prayed for by the parties.
Note: It is not a part of the cause of action. Note: The relief or reliefs prayed for may be proper or not, but as long as the plaintiff deserves a relief, the court will grant him the relief to which he is entitled under the facts as proven. (Guidotte v Yeung, CA-CR No. 6268, July 10, 1951)
Form 4: Prayer PRAYER WHEREFORE, it is respectfully prayed, after notice and hearing, that the defendant be ordered to pay the plaintiff the amount of One Million Pesos (Php1,000,000.00) for actual and compensatory damages, Fifty Thousand Pesos (Php50,000.00) for moral damages, Fifty Thousand Pesos (Php50,000.00) for exemplary damages and Fifty Thousand Pesos (Php50,000.00) for attorneys fees. Other reliefs just and equitable under the circumstances are also prayed for.
E. PROOF OF SERVICE Form 5: Proof of Service.
Copy furnished through personal service: Atty. __________ Counsel for _______________ (firm name) (office address)
Received By. ______ Date: ____________
Form 6: Proof of Service Through Registered Mail with Explanation Copy furnished Through registered mail: Atty.____________ Counsel for ______ (firm name) (Office Address)
Registry Receipt No.___________ Date: _______________ Post Office: ____________
EXPLANATION Pursuant to the Rules of Court, service of the above (designation of pleading or document) was effected through registered mail because of the impracticability of personal service. The office of the undersigned counsel is located at (Makati City for example) while that of the adverse counsel is located at (Baguio City for example), and there are no messengerial personnel in the employ of the undersigned counsel who could effect personal service. Name and signature
196
Legal Forms Common Forms

F. CERTIFICATION OF NON-FORUM SHOPPING Q: What is a certificate of non-forum shopping? A: It is a certification under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed to such pleading and simultaneously filed therewith, where the party: a. Certifies that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending. If there is such other pending action or claim, gives a complete statement of the present status thereof Undertakes that if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. Q: What is the consequence on failure to execute such certification when necessary? A: Failure to comply shall be cause for dismissal of the case without prejudice, unless otherwise provided, upon motion and hearing. The foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading. (Suarez, 2007)
Note: Submission of a false certification or noncompliance with any of the undertakings shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions.
b.
Q: Who executes the certification against forum shopping? A: The plaintiff or principal party
c.
Q: When should the certification be executed? A: It is executed simultaneously with a complaint or any other initiatory pleading
Form 7: Certification of Non-forum Shopping
Republic of the Philippines) City of _______________ )s.s. (Person verifying) after having been duly sworn deposes and says: That he is the (usually the one executing is the plaintiff but it may be the defendant in the case of a permissive counterclaim) in the above-entitled case and he certifies that he has not heretofore commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency, that to the best of his knowledge, there is no other pending action or claim, and that if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report such fact within five (5) days therefrom to this Honorable Court. Party executing JURAT
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G. VERIFICATION Q: When is verification necessary? A: Verification is necessary only when the law or rule specifically requires it. Example, under the Rules of Court, verification is necessary in the following pleadings: 1. 2. 3. Complaint and other initiatory pleadings Answer, if there are actionable documents Petition for review under Rule 42, RRC 4. 5. 6. Appeal from CTA and quasi-judicial agencies to the CA (Rule 43, RRC) Appeal by certiorari under Rule 45, RRC Certiorari, prohibition and mandamus (Rule 65, RRC)
Q: What are the contents of verification? A: It contains a statement that an affiant has read the pleading, that he has caused the preparation of said pleading and that the allegations therein are true and correct based on authentic records and of his personal knowledge.
Form 8: Verification Republic of the Philippines) City of _______________ )s.s. (Person verifying) after having been duly sworn deposes and says that he is the (designnation) in the above-entitled (name of pleading); that he has caused its preparation; that he has read it and the allegations therein are true and correct based on his personal knowledge and based on authentic records. Party verifying JURAT
Form 9: Verification and Certification of Non-forum Shopping
Republic of the Philippines) City of _______________ )s.s. (Person verifying) after having been duly sworn deposes and says: 1. That he is the (designation) in the above- entitled (name of pleading); that he has caused its preparation; that he has read it and the allegations therein are true of his own personal knowledge and based on authentic records; 2. That he certifies that he has not heretofore commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency, that to the best of his knowledge, there is no other pending action or claim, and that if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report such fact within five (5) days therefrom to this Honorable Court. Party executing JURAT
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Legal Forms - Business Form

parties bind themselves in favor of another or others, or reciprocally, to the fulfillment of a prestation to give, to do or not to do.
II. BUSINESS FORMS
Note: Conveyance is a deed whereby the ownership of a real property is transferred from one person to another. (Suarez, 2007)
Q: What are the parts of a contract of lease of personal property? A: TAP-WAC-SA [1] Title [2] Announcement [3] Parties [4] Conditions or terms [5] Signatures [6] Acknowledgement
A. CONTRACTS
Note: A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (Art. 1305, NCC) Contract is a juridical convention manifested in legal form, by virtue of which one or more persons or
Form 10: Contract of Lease of Personal Property [1] Contract of Lease [2] Know All Men by These Presents: That [3] __________, of legal age, (citizenship), (single/married) an resident of ______, Philippines, hereby leases his/her car (make/model), with Plate No. ____, Motor No. ____ and Engine No. ____ to [3] _____, of legal age, (citizenship), single/married, and resident of _____, who hereby accepts to leases the said motor vehicle, subject to the following terms and conditions: [4] (State terms and conditions) IN ITNESS WHEREOF, the parties have hereunto set their hands this ____day of ___,2009, in ______, Philippines. [5]FELIPE DE GUZMAN Lessor ARTHUR MIRANDA Lessee
[6] (ACKNOWLEDGMENT)
Q: What are the parts of a contract of lease of real property? A: TAP-WAC-SA [1] Title [2] Announcement [3] Parties [4] Whereases [5] Agreement proper [6] Conditions or terms [7] Signatures [8] Acknowledgement
Note: State citizenship, if the transaction involves titled property. (Albano, Albano, Jr. and Albano, 2004) Note: State marital status, if the transaction involves titles real property. If a party is married, state full name and his/ her citizenship.(Ibid) Note: in the whereas clauses, the representations of the parties as well as their respective intentions or motives, are usually stated. (Ibid)
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Form 11: Contract of Lease of Real Property
[1] [2] Know All Men by These Presents:
Contract of Lease
This Contract of Lease is made and executed by and between: [3] FELIPE DE GUZMAN, , of legal age, Filipino, married to Linda Conanan, with address at # 28 Aurora Blvd., Quezon City, hereinafter called the LESSOR; - and ARTHUR MIRANDA, of legal age, Filipino, married to Agnes Sison, with address at # 30 Aurora Blvd., Quezon City, hereinafter called the LESSEE; Witnesseth that: [4] WHEREAS, the LESSOR is the true and absolute owner of a residential house and lot located at #30 Aurora Boulevard, Quezon City, herein after referred to as Property ; and WHEREAS, the LESSOR leases unto the lessee, and the latter hereby accepts the lease from the former. [5] NOW THEREFORE, for and in consideration of the above premises and covenants provided below, the LESSOR hereby leases the PROPERTY to the LESSEE who accepts it [6] under the following terms and conditions: 1. 2. 3. 4. The lease shall be for one year from execution of this agreement; The monthly rental on the PROPERTY leased shall be P5,000.00, payable in advance within the first five (5) days of each month; All ordinary repairs concerning the PROPERTY shall be for the sole account and expense of the LESSEE, without right to reimbursement; The LESSEE shall use the PROPERTY exclusively for family dwelling, and shall have no right to use the same for business and other purposes; The Lessee hereby acknowledge that he has received the Property in good, habitable condition and undertake to maintain the such condition throughout the duration of the lease; [7] FELIPE DE GUZMAN ARTHUR MIRANDA Lessor Lessee With my marital consent: Zenaida de Guzman
Signed in the Presence of: _____________________ ________________ [8] (ACKNOWLEDGMENT)
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Form 12: Contract of Real Estate Mortgage. [1] Real Estate Mortgage Know All Men By These Presents: [2] I, ______________, of legal age, Filipino, single/married to __________ and with residence at ________, Philippines, for and in consideration of [3]________________ Pesos (Php__________), Philippines currency, to me and in hand paid by [4] _____________ of legal age, Filipino, single/married to __________ and with residence at ________, Philippines, do hereby convey, by way of MORTGAGE unto said _________(full name of the mortgagee), his/her heirs and assigns, that certain parcel of land, together with all the buildings and improvements thereon, situated in _______, particularly described as follows: [5] (description of property) Containing an area of ___ Square meters, more or less. xxx xxx xxx Bounded on the S. along 1-2 by Lot 1234; on the W. along lines 2-3-4-5-6 by Lot 4567; on the N. along lines 7-8-9 by Lot 2345 and on the E., along line 9-1 by Lot 3456, all Cad-7890, Manila Cadastre. xxx xxx xxx [6] Of which real property I am the registered owner as evidenced by Original/ Transfer Certificate of Title No. ____ of the Registry of Deeds of ____: [7] PROVIDED, HOWEVER, that if said __________( Full name of mortgagor) shall pay or cause to be paid to the said (Full name of mortgagee), his heirs or assigns, the said sum of ___________ pesos (Php________), Philippine Currency, within the period of ___________ (__) years from and after the execution of this MORTGAGE together with the interest thereon at the rate of _______ per centum (__%) per annum, this MORTGAGE shall be discharged and be of no effect; OTHERWISE, it shall remain in full force and effect and shall be enforceable in the manner provided for by law. IN WITNESS WHEREOF, these presents are signed at the City of ____, Philippines, on this ____ day of ____, 2011. ________________ Mortgagor _______________ Mortgagee
With my marital consent (if married): __________________ (Wife of mortgagor) Signed in the Presence of: _______________ ________________ [8] (ACKNOWLEDGMENT)
Q: What are the parts of a real estate mortgage? A: VeT-Mam-CODAck [1] Venue and Title [2] Mortgagor [3] Amount of loan
[4] [5]
Mortgagee Conveyance of real property with technical description [6] Ownership of real property [7] Discharge of mortgage [8] Acknowledgment
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Form 13: Chattel Mortgage.
Know All Men By These Presents: [2] JUAN DE LA CRUZ, of legal age, Filipino, single with residence at _______________________, hereinafter referred to as the MORTGAGOR And PEDRO DE LOS SANTOS, of legal age, Filipino, married with residence at ___________________, hereinafter referred to as the MORTGAGEE, WITNESSETH: That: [3] The Mortgagor does hereby convey by way of chattel mortgage unto the Mortgagee, the following described personal property, ordinarily situated and presently in the possession of the said Mortgagor, to wit: (Specify and describe the article/s mortgaged) Make and type: Serial/ Chassis No.: Motor No.: Plate No.: Q: What are the parts of a chattel mortgage? [4] That this Chattel Mortgage is given as security for the payment to the Mortgagee, of a certain promissory note, dated ______ for the A: sum of ___________ Pesos (Php_______), Vet-PeCon-SDAG Philippine Currency, with interest thereon at the rate of per centum 1. _____ Venue and Title (___%)per annum, according to the terms and in the words and figures following: (option 2: attach theof promissory 2. Personal Circumstances the Parties note and make reference to such attachment) 3. Conveyance of mortgage and technical description of personal property (Copy of the promissory note) 4. Fact that the property was given as a Date______ Security for a loan or a copy of the PN P_____________ 5. Discharge of the mortgage 6. Acknowledgment _____ days after date, I, ______, promise to to the order of ______, 7.pay Affidavit of Good Faith the sum of _____ pesos (Php______). Maker_____ [5] That the condition of this Chattel Mortgage is such that if the said Mortgagor, his heirs, executors, or administrators shall well and truly perform the full obligation above-stated according to the terms thereof, this Chattel Mortgage shall be discharged and be of no effect, otherwise, it shall remain in full force and effect and shall be enforceable in the manner provided by law. IN WITNESS WHEREOF, the parties have hereunto set their hands this ___ day of ____ 2011 in _____, Philippines. ________________ _______________ Mortgagor Mortgagee Signed in the Presence of: ______________ ________________ [6] (ACKNOWLEDGMENT) [7] (AFFIDAVIT OF GOOD FAITH) [8] (JURAT)
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Q: What are the parts of a Chattel Mortgage? A: Vet-PeCon-SDAGJ [1] Venue and Title [2] Personal Circumstances of the Parties [3] Conveyance of mortgage and technical description of personal property [4] Fact that the property was given as a Security for a loan or a copy of the PN [5] Discharge of the mortgage [6] Acknowledgment [7] Affidavit of Good Faith [8] Jurat
Form 14: Pledge Agreement.
This AGREEMENT, made and entered into this ___ day of ____ 2011 by and between __________, of legal age, Filipino, single and residing at _____, Philippines, now and hereinafter called the Pledgor, and _____________, likewise of legal age, married and residing at ________, Philippines, now and hereinafter called the Pledgee. Witnesseth that: WHEREAS the Pledgor has executed a promissory note dated ____, 2011 in favor of the Pledgee and made payable within ___ (___) days after date at _______. Philippines, for the amount of _____ (Php______), Philippine currency; WHEREAS, the Pledgor has agreed with the Pledgee to secure the payment of said note; NOW, THEREFORE, for and in consideration of the premises and mutual covenants herein contained, the Pledgor has, as collateral security for the payment of the aforementioned note and by way of pledge, deposited with the said Pledgee the following personal property of his own exclusive ownership, and of which he has the free disposal, to wit: (Description of the property) And the said parties to this instrument agree that the Pledgee who acknowledges the receipt of the aforementioned personal property of the Pledgor shall take good care of the said property until redeemed by the said Pledgor; That should the said note or any part thereof, or interest to grow thereon, remain due and unpaid, after the note shall have been due, according to the terms thereof, the said Pledgor, irrevocably empowers and authorizes the said Pledgee, his heirs, executors, administrators and assigns, to sell or dispose of the above-mentioned property or any part thereof at public auction as provided for in Article 2112, of the Civil Code, from the proceeds of such sale to pay the principal and interests due therefore, otherwise, this Agreement shall become null and void and of no further effect and the above-named securities are to be returned to the Pledgor. IN WITNESS WHEREOF, we have set our hands this ____ day of ____, 2011 at ______, Philippines. ____________________ Pledgor __________________ Pledgee
__________________
In the Presence of: __________________
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B. DEED Q: What is a deed? Q: What are the typical parts of a deed? A: A deed is a written instrument under seal containing a contract or agreement which has been delivered by the parties to be bound and accepted by the obligee or covenantee. (Suarez, 2007)
Note: In a deed, a person disposes of his property or right in favor of another.
the maker. During his lifetime, it is ambulatory and revocable.
Q: What is the difference between a deed and a will? A: A deed, once executed and delivered is irrevocable in the absence of reservation of the right to revoke. On the other hand, a will operates only upon and by reason of the death of
A: TAP-CAP-SA [1] Title [2] Announcement [3] Party one [4] Consideration [5] Act or Conveyance [6] Party two [7] Signatures [8] Acknowledgment
Note: You can use this pattern for all kinds of deeds. You need only vary the act or conveyance portion to convert it into a deed of assignment, a deed of easement of right of way, a deed of real estate mortgage, a deed of chattel mortgage, and others.
Form 15 :Deed of Sale of Personal Property
[1] DEED OF SALE OF MOTOR VEHICLE [2] KNOW ALL MEN BY THESE PRESENTS: [3] I, ANGEL CRUZ, of legal age, Filipino, married, with address at No. 12 Apo St., Quezon City (SELLER), [4] for and in consideration of the sum of One Hundred Thousand Pesos (P100,000.00), [5] hereby sell, convey, and transfer my motor vehicle, more particularly described as follows: Make ________, Type ________, Motor No. ________, Serial/Chassis No. ___________, File No.___________, Reg. Cert. No. ______________, Plate No.__________, [6] to RICARDO LIM, of legal age, married, with postal address at No. 2 Bangkal St., Manila (BUYER). [7] ANGEL CRUZ Seller With my consent: Helen Cruz Wife [8] ACKNOWLEDGMENT
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Form 16: Deed of Sale of Unregistered Land.
DEED OF ABSOLUTE SALE Know All Men By These Presents: I, ____________, of legal age, Filipino, single, and resident of _______________ (VENDOR), for and in consideration of the amount of ______________, paid to me today by _______________, of legal age, Filipino, single and resident of _______________(VENDEE), do hereby SELL, TRANSFER, and CONVEY absolutely and unconditionally unto said ____________ that certain parcel (s) of land, together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as follows: (description: state the nature of each piece of land and its improvements, situations and boundaries, area in square meters, whether or not the boundaries are visible on the land by means of monuments or otherwise; and if they are, what they consist of, the permanent improvements, if any, the page number of the assessment of each property for current year (s) when registration is made, the assessed value of the property for the year) It is hereby declared that the boundaries of the foregoing land are visible by means of _______________; that permanent improvements existing thereon consist of ________ (if none, state so); that the land is assessed for the current year at Php___________ as per Tax Declaration No.________, and the buildings and/or improvements, at Php___________ as per Tax declaration No._______________, of the City Assessor of Makati. The above described real estate, not having been registered under Act No. 496 nor under the Spanish Mortgage Law, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the Revised Administrative Code, as amended. IN WITNESS WHEREOF, I have signed this deed this ____ day of ______, 2011 at _________. ________________ (Vendor) With my consent: ___________________ (Vendors wife) Signed in the Presence of: _______________ _______________
Acknowledgment
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Form 17: Deed of Sale with Pacto de Retro
DEED OF SALE WITH PACTO DE RETRO Know All Men By These Presents: This Deed of Sale with Pacto de Retro made and executed by and between: ____________________,of legal age, Filipino, married to ______, with residence at ______________ (Vendor); -and__________________, Filipino, of legal age, married to _________, with residence at ________________ (Vendee); WITNESSETH: That The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements thereon, situated in the City of Makati, covered by Transfer (or Original) Certificate of Title (TCT/OCT) No.__________ issued by the Registry of Deeds of Makati City and more particularly described as follows: (Copy technical description in TCT/OCT) The VENDOR, for and in consideration of the amount of _________ Pesos (Php________), to him paid by VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY under pacto de retro unto the said VENDEE, his heirs and assigns, the said property with all the buildings and improvements thereon, free from all liens and encumbrances whatsoever; The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the VENDEE, in accepting the same, hereby obligates himself to RESELL the property herein conveyed within a period of _____ years from date of this Deed for the same price of ______ (Php_______); provided, however, that if the VENDOR shall fail to exercise his right to repurchase as herein granted within the period provided, then this conveyance shall become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of law regarding consolidation of ownership of real property. IN WITNESS WHEREOF, the parties have signed this Deed this ____ day of ____, 2011 at _________. ________________ (Vendor) With my consent: ___________________ (Vendors wife) Signed in the Presence of: _________________ _________________ Acknowledgment ________________ (Vendee)
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Form 18: Deed of Repurchase of Land Sold Under Pacto de Retro
DEED OF RESALE Know All Men By These Presents: I, ______________, of legal age, Filipino, married to ______, with residence at ______________ (VENDOR), for and in consideration of __________________ Pesos (Php___________), to me paid by _______________, of legal age, Filipino married and resident of ____________________ (VENDEE), do hereby RESELL, RETRANSFER and RECONVEY unto said ___________that certain parcel of land, with all the buildings and improvements thereon, situated at Makati City, covered by Transfer (or Original) Certificate of Title No. _____ of the Registry of Deeds of Makati City, and more particularly described as follows: (Copy technical description of title) and which property was previously sold under pacto de retro by the said ____________, executed before Notary Public ______ and bearing Notarial Registration No. ____, Page No. ____, Book No. ____ and Series of 2011 of his Notarial Register, a copy of which is attached as ANNEX A. IN WITNESS WHEREOF, the parties have signed this Deed this ____ day of ____, 2011 at Makati City. ________________ ________________ (Vendor) (Vendee) With my consent: ___________________ (Vendors wife) With my consent: ______________________ (Vendees Wife)
Signed in the Presence of: _________________ _________________ Acknowledgment
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Form 19: Deed of Assignment.
DEED OF ASSIGNMENT Know All Men By These Presents: That I, _____, of legal age, Filipino, single/ married to __________ and residing at _____________, Philippines (ASSIGNOR), for and in consideration of the sum of ___________ pesos (Php______________) to me and in hand paid by ______________, of legal age, Filipino, single/married to _______________, and residing at ____________, Philippines (ASSIGNEE), the receipt of which is hereby acknowledged, do hereby sell, assign, transfer and set over unto said _____________, his heirs, executors, administrators and assigns, a certain debt now due and owing to me by _________________, of legal age, Filipino, single/married to _______, and residing at ______________, Philippines, amounting to ________________ pesos (Php___________), plus interest due and accruing thereon, for money loaned by me to the said ______________. And I do hereby grant said __________, his heirs, executors, administrators and assigns, the full power and authority, for his/their own use and benefit, but at his/their own cost and expense, to demand, collect, receive, compound, compromise and give acquaintance for the same or any part thereof, and in my name and stead or otherwise to prosecute and withdraw any suit or proceeding thereof. And I do hereby agree and stipulate to and with said ____________, his heirs, assigns, executors, administrators and assigns that the said debt is justly owing and due to me from said _________ and that I have not done and will not cause anything to be done that will diminish or discharge said debt, or to delay or prevent said ________, his heirs, assigns, executors or administrators, from collecting the same. And I further agree and stipulate as aforesaid that I, my heirs, executors, administrators, assigns, shall and will at all times hereafter at the request of said __________, his heirs, executors, administrators and assigns at his cost and expense, execute and do all such further acts and deeds as shall be reasonably necessary for proving said debt and to more effectually enable him to recover same in accordance with the true intent and meaning of these presents. IN WITNESS WHEREOF, we have hereunto set our hands on this __ day of ______, 2008 at the city of _____________. ___________________________ (Assignor) ___________________________ (Assignee) In the presence of: ______________________ ______________________ Acknowledgment
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Form 20: Deed of Donation Inter Vivos.
Know All Men By These Presents: This DEED OF DONATION made and executed in ____________, Philippines, by _______________, of legal age, single/ married to ______________, Filipino citizen and with residence and postal address at ________________, hereinafter called the DONOR -In favor of_____________, of legal age, single/married to ____________, Filipino citizen and with residence and postal address at ________________, hereinafter called the DONEE WITNESSETH: WHEREAS, the Donor is the absolute owner of that certain real property situated at ____________-- and more particularly described as follows: (Description of Property) Containing an area of ___ square meters, more or less. xxx xxx xxx Bounded on the S. along 1-2 by Lot 1234; on the W. along lines 2-3-4-5-6 by Lot 4567; on the N. along lines 7-8-9 by Lot 2345 and on the E., along line 9-1 by Lot 3456, all Cad-7890, Manila Cadastre. xxx xxx xxx NOW, THEREFORE, for and in consideration of the love and affection of the Donor for the Donee (and for the faithful services the latter has rendered in the past to the former), the said DONOR by these presents, hereby cedes, transfers and conveys, by way of donation, unto said Donee the real property above described, together with all the buildings and improvements existing thereon, free and clear of all liens and encumbrances. That the Donor hereby states that, for the purpose of giving effect to the donation, he has reserved for himself in full ownership sufficient property to support him in a manner appropriate to his needs. ACCEPTANCE That the Donee hereby accepts the foregoing donation of the above-described property for which he/she expresses his/her sincerest appreciation and gratitude for the kindness and liberality shown by the Donor. IN WITNESS WHEREOF, we have hereunto signed this deed of sale, this _____ day of ______, 2009 at _____________, Philippines. __________________ Donor Accepted: __________________ Donee Signed in the presence of: __________________ _______________ JOINT ACKNOWLEDGMENT
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Form 21: Deed of Donation Mortis Causa. Know All Men By These Presents: This DEED OF DONATION made and executed in ____________, Philippines by _______________, of legal age, single/ married to ______________, Filipino citizen and with residence and postal address at ________________, hereinafter called the DONOR, in favor of _____________, of legal age, single/married to ____________, Filipino citizen and with residence and postal address at ________________, hereinafter called the DONEE WITNESSETH: That the Donor is the absolute owner of that certain real property situated at ____________ and more particularly described in Original/Transfer Certificate of Title NO. _____ of the Land registry of ______, as follows: (Description of Property) Containing an area of ___ square meters, more or less. xxx xxx xxx Bounded on the S. along 1-2 by Lot 1234; on the W. along lines 2-3-4-5-6 by Lot 4567; on the N. along lines 7-8-9 by Lot 2345 and on the E., along line 9-1 by Lot 3456, all Cad-7890, Manila Cadastre. xxx xxx xxx That for and in consideration of the love and affection which the Donor has for the Donee, said Donor by these presents do hereby cedes, transfers and conveys unto said Donee the real property above described, together with all the buildings and improvements existing thereon, to become effective upon the death of the Donor, but in the event that the Donee should die before the Donor, the present donation shall be deemed rescinded and of no further force and effect. That the Donee does hereby accepts this donation of the above-described real property and do hereby expresses gratitude for the kindness and liberality of the Donor. That the Donor hereby retains the right to rescind the right to control and dispose at will the above-described property before his death, without need of the consent or intervention of the Donee. IN WITNESS WHEREOF, we have hereunto signed this deed of sale, this _____ day of ______, 2009 at _____________, Philippines. ___________________ ___________________ (Donor) (Donee) ATTESTATION CLAUSE We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby certify: That the donor, ________, has made known unto us the foregoing donation mortis causa consisting of ____ pages numbered correlatively in letters on the upper part of each page, as her donation mortis causa and has signed the same and every page therein in the left margin, in our joint presence and we, in turn, at his request have witnesses and signed the same and every page thereof, on the left margin, in the presence of the donor and in the presence of each and all of us. __________________________ ___________________________________________ (name and signature of witness) (residence) __________________________ ___________________________________________ (name and signature of witness) (residence) __________________________ ___________________________________________ (name and signature of witness) (residence) JOINT ACKNOWLEDGMENT
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C. POWER OF ATTORNEY Q: How is a General Power of Attorney different from Special Power of Attorney? A: A special power of attorney is a very limited power of attorney as it allows the Attorney-inFact to do only those things specified by the principal. The authority granted is usually very limited and clearly defined in the power of attorney form. A general power of attorney allows the Attorney-in-Fact to do anything the principal would legally be able to do in his name. Q: What are the parts of a general power of attorney? A: VeT-PAP-GA [1] Venue and Title [2] Personal Circumstance Form 22: General Power of Attorney [3] [4] [5] [6] Appointment operative words Power Granting authority operatives Acknowledgment
Q: What are the parts of a special power of attorney? A: VeT-PAP-GA [1] Venue and Title [2] Personal Circumstance [3] Appointment operative words [4] Power [5] Granting authority operatives [6] Acknowledgment
KNOW ALL MEN BY THESE PRESENTS: [2] I, ____________, of legal age, Filipino, single/married to ____________, resident of ___________, do hereby [3] name, constitute and appoint ____________, of legal age, Filipino, single/married, resident of ___________, to be my true and lawful attorney-in-fact, and in my name, place and stead, to do and perform the following acts, to wit: [4] (specify general acts that Attorney-in-Fact may do) [5] GIVING AND GRANTING unto the said Attorney-in-Fact full power and authority necessary to carry out the acts stated above as fully to all intents and purposes as I might or could lawfully do if personally present, with full power of substitution, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, we have set our hands this __day of __________, 2011, in ___________, Philippines. _________________ (Principal) Conforme: ___________________ (Attorney-in-Fact) Signed in the presence of: ________________ ___________________ [6] JOINT ACKNOWLEDGMENT
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Form 23: Special Power of Attorney
KNOW ALL MEN BY THESE PRESENTS: [2] I, ____________, of legal age, Filipino, single/married to ____________, resident of ___________, do hereby [3] name, constitute and appoint ____________, of legal age, Filipino, single/married, resident of ___________, to be my true and lawful attorney-in-fact, for me and in my name, place and stead within the period of ____ months (or years), [4] to SELL, TRANSFER and CONVEY, for the price not less than ___________ PESOS (Php_____), Philippine Currency, to whosoever may purchase or buy the parcel of land, with (or without) improvements, located in __________, and more particularly described, to wit: (copy technical description of property from the TCT) of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer/Original Certificate of Title No. _______________, issued by the Registry of Deeds of _________, free from all liens and encumbrances; and, [5] HEREBY GIVING AND GRANTING unto the said attorney-in-fact full powers and authority to do and perform all and every act requisite or necessary to carry into effect the foregoing authority to sell, as fully to all intents and purposes as I might or could lawfully do if personally present, with full power of substitution, and hereby ratifying and confirming all that the said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, we have set our hands this __day of __________, 2011, in ___________, Philippines. _________________ (Principal) Conforme: ___________________ (Attorney-in-Fact)
Signed in the presence of: ____________________ ______________________ [6] JOINT ACKNOWLEDGMENT
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Form 24: Revocation of Power of Attorney
KNOW ALL MEN BY THESE PRESENTS: WHEREAS, I, _________________, of legal age, Filipino, single/married to ___________, resident of _______________, by certain public instrument made and executed in _______________ on ________________ before ____________, Notary Public for and in the City of ____________, and bearing Notarial Register No. ___, Page No. ___, Book No. ___, Series of 20__ of his notarial register, did name, constitute, and appoint ______________, resident of _______________ as my true and lawful ATTORNEY-IN-FACT, for the purpose and with powers mentioned in the said public instrument. WHEREAS, the said public instrument or Power of Attorney, was duly registered in the Office of the Register of Deeds of _______ on ___________, 20__, as per Entry No. ___, Vol.___, Book___ of said Office. NOW, THEREFORE, I _______________, by virtue of these presents, hereby REVOKE, ANNUL, and make VOID the said power of attorney and all powers and authority therein or thereby given and granted, or intended to be given or granted to said _______________. IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of ______________, 20__, in ______________, Philippines. _________________ (signature) Signed in the presence of: _____________________ ______________________ ACKNOWLEDGMENT
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D. CORPORATION Form 25: Articles of Incorporation ARTICLES OF INCORPORATION OF ___________(Name of Corporation) KNOW ALL MEN BY THESE PRESENTS: The undersigned incorporators, all of legal age and a majority of whom are residents of the Philippines, have this day voluntarily agreed to form a stock (non-stock) corporation under the laws of the Republic of the Philippines; AND WE HEREBY CERTIFY: FIRST: That the name of said corporation shall be ., INC. (NB: Must end with Inc., Incorporated, Corp. or Corporated) SECOND: That the purpose or purposes for which such corporation is incorporated are: (If there is more than one purpose, indicate primary and secondary purposes); THIRD: That the principal office of the corporation is located in the City/Municipality of , Province of .., Philippines; FOURTH: That the term for which said corporation is to exist is fifty years from and after the date of issuance of the certificate of incorporation; FIFTH: That the names, nationalities and residences of the incorporators of the corporation are as follows: NAME NATIONALITY RESIDENCE . . . . . . . . . . . . . . . SIXTH: That the number of directors of the corporation shall be .; and the names, nationalities and residences of the first directors or trustees of the corporation who are to serve until their successors are elected and qualified as provided by the by-laws are as follows: NAME NATIONALITY RESIDENCE . . . . . . . . . . . . . . . SEVENTH: That the authorized capital stock of the corporation is (P.) PESOS in lawful money of the Philippines, divided into shares with the par value of .. (P..) Pesos per share. (In case all the share are without par value): That the capital stock of the corporation is shares without par value. (In case some shares have par value and some are without par value): That the capital stock of said corporation consists of shares of which .. shares are of the par value of (P) PESOS each, and of which .. shares are without par value.
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(Articles of Incorporation: continuation...) EIGHTH: That the amount of said capital stock which has been actually subscribed is __________________ PESOS (P________________) and the following persons have subscribed for the number of shares and amount of capital stock set out after their respective names which constitutes at least twenty five (25%) per cent of the authorized capital: Name of Subscriber Residence Nationality No of Shares Amount Subscribed . .. .. .. . .. .. .. . .. .. .. . .. .. .. . .. .. .. NINTH: That the above-named subscribers have paid at least twenty-five (25%) percent of the total subscription as follows: Name of Subscriber Amount Subscribed Total Paid-In .. .. . .. .. . .. .. . .. .. . .. .. . (Modify Nos. 8 and 9 if shares are with no par value. In case the corporation is non-stock, Nos. 7, 8 and 9 of the above articles may be modified accordingly, and it is sufficient if the articles state the amount of capital or money contributed or donated by specified persons, stating the names, nationalities and residences of the contributors or donors and the respective amount given by each.) TENTH: That has been elected by the subscribers as Treasurer of the Corporation to act as such until his successor is duly elected and qualified in accordance with the by-laws, and that as such Treasurer, he has been authorized to receive for and in the name and for the benefit of the corporation, all subscription (or fees) or contributions or donations paid or given by the subscribers or members. ELEVENTH: That no transfer of stock or interest which shall reduce the ownership of Filipino citizens to less than the required percentage of the capital stock as provided by existing laws shall be allowed or permitted to recorded in the proper books of the corporation and this restriction shall be indicated in all stock certificates issued by the corporation. TWELFTH: That the incorporators undertake to change the name of the corporation immediately upon receipt of notice or directive from the Securities and Exchange Commission that another corporation, partnership or person has acquired a prior right to the use of that name or that the name has been declared as misleading, deceptive, confusingly similar to a registered name, or contrary to public morals, good customs or public policy. IN WITNESS WHEREOF, we have hereunto signed these Articles of Incorporation, this . day of , 2011 in the City/Municipality of ., Province of ., Republic of the Philippines. .. .. (Names and signatures of the incorporators WITH Taxpayer Identification Number) SIGNED IN THE PRESENCE OF:
(Acknowledgment)
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Form 26: Waiver of Pre-emptive Rights WAIVER OF PRE-EMPTIVE RIGHTS We, the stockholders of XXX REALTY DEVELOPMENT, INC. (the Corporation), hereby waive our right to subscribe to the increase in the authorized capital stock (or additional issuance from the unissued capital stock, as the case may be) of the Corporation from ONE BILLION PESOS (P1,000,000,000.00) to TWO BILLION PESOS (P2,000,000,000.00), as approved by at least majority of the board of directors and stockholders owning or representing at least two-thirds (2/3) of the outstanding capital stock of the Corporation in meetings both held on ___________________. Signed this ___ day of ____________, 2011. _________________________ _________________________ (Signature of Stockholder) (Signature of Stockholder) ________________________ (Signature of Stockholder)
Form 27: Secretarys Certificate Republic of the Philippines ) _____________________ ) S.S. SECRETARYS CERTIFICATE [1] I, _______________, of legal age, Filipino, single/married with residence at ____________ after having been sworn in accordance with law hereby depose and state that: 1. I am the corporate secretary of X corporation, a corporation duly organized and existing under the laws of the Philippines with principal office at ______________; As such officer of the Corporation, I have custody and access to all the corporate records of X corporation; [2]On _______________, the board of directors of X corporation, in a meeting duly called for the purpose, wherein quorum was present and acted throughout, passed the following resolution;] Resolution No. ______________ RESOLVED as it is hereby RESOLVED, that the President, Mr. Jose Cruz, __________ be, as he is hereby authorized to enter into a Service Agremeent with Y Corporation REOLVED FURTHER that Mr. Cruz be authorized to negotiate and determine the terms and conditions of said Agreement as may be beneficial to the Corporation, to sign, excute and deliver any and all documents necessary and desirable and to do such acts and deeds as may be proper and necessary to implement the foregoing authority. [3]The above-quoted resolution is still in force and has not yet been revoked by the board as of this date. IN WITNESS WHEREOF, I have hereunto affixed my signature and the seal of the corporation, this ___ day of ____, 2011. ______________________________ (Name & Signature of Secretary) [4] JURAT
2.
3.
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Q: What does a secretarys certificate contain? A: [1] Personal circumstances of the secretary [2] Date of the Meeting and Resolution of the Board [3] Resolutions still in force [4] Jurat
Note: Being regular on its face, a Secretary's Certificate is sufficient for a third party to rely on. It does not have to investigate the truth of the facts contained in such certification; otherwise business transaction of corporations would become tortuously slow and unnecessarily hampered.
Form 28: Treasurers Affidavit REPUBLIC OF THE PHILIPPINES PROVINCE OF ______________ CITY/MUNICIPALITY OF_______
S. S.
TREASURERS AFFIDAVIT [1] I, _________________, of legal age, Filipino, single, after having been sowrn in accordance with law, hereby depose and state that; [2] 1. I have been elected by the subscribers as the Corporate Treasurer of ____________________________, to act until my successor has been duly elected and qualified in accordance with the By-laws of the Corporation. [3] 2. As such Treasurer, I hereby certify under oath that at least 25% of the authorized capital stock of the Corporation has been subscribed and that at least 25% of the total subscriptions has been paid, and received by me in cash, in the amount not less that P5,000.00, in accordance with the Corporation Code. [4] 3.The Securities and Exchange Commission and Bangko Sentral ng Pilipinas are hereby authorized to examine and verify the deposit in the ____________ , _________________ Branch, in my name as treasurer in trust for __________________________ in the amount of _______________________________ Pesos (P________________) representing the paid-up capital of the said corporation which is in the process of incorporation. This authority is valid and inspection of said deposit may be made even after the issuance of the Certificate of Incorporation to the corporation. Should the deposit be transferred to another bank prior to or after incorporation, this will also serve as authority to verify and examine the same. The representative of the Securities and Exchange Commission is also authorized to examine the pertinent books and records of accounts of the corporation as well as all supporting papers to determine the utilization and disbursement of said paid-up capital. In case the paid-up capital is not deposited or withdrawn prior to the approval of the Articles of Incorporation, I, on behalf of the above named corporation, waive our right to a notice and hearing in the revocation of our Certificate of Incorporation. ___________________________ (Treasurers name & signature) [6] JURAT
Note: The following are parts of a treasurers affidavit: [1] Name of treasurer [2] Election as treasurer [3] Certification as to amount of subscription received (25%-25% rule) [4] Authority to examine account [6] Jurat
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E. PARTNERSHIP Form 29: Articles of General Partnership
ARTICLES OF PARTNERSHIP OF ______________________________________ KNOW ALL MEN BY THESE PRESENTS [1] These Articles of Partnership made and executed by and among; __________, (citizenship), residing at _______________________; __________, (citizenship), residing at _______________________; and __________, (citizenship), residing at _______________________; all of legal age, WITNESSETH: [2] They have formed a partnership among themselves under the name and style of _________________. [3]The purposes for which said partnership is formed are: (here state purposes of the firm) [4]The principal office for which said partnership shall be located is at _________________; [5]It is hereby stipulated that ________________ shall be the partner upon whom the management of the firm and the use of its signature shall be entrusted; that he shall exercise such powers necessary to attain the purpose of this partnership, including the power to draw drafts, bills of exchange and other negotiable instruments and accept the same the same for in the name of the firm; to appoint and dismiss employees and to fix their tenure and compensation; to deposit money in banks and with the counter-signature of the Treasurer, withdraw the same for purposes of the partnership; and (others). [6]The term of existence of this partnership shall be ___ years commence from and after the execution of these articles; [7]The capital of the partnership as contributed by the partners is as follows, to wit: __________________ Php______; __________________ Php______; Thereby making a TOTAL CAPITAL of Php______; [8]The profits and losses shall be divided share and share alike among the partners of the partnership (or in proportion to their respective capital); The treasurer shall be ___________________; [9]The managing partner is hereby given a salary of _____________PESOS (Php________) per month; [10]If during the term of the partnership, any of the partners shall die, the partnership shall continue among the surviving partners, unless one of the latter expressly requests for dissolution. IN WITNESS WHEREOF, the parties have hereunto set their hands, this ___day of _______, 2011, in _____________, Philippines. _______________________ _______________________ _______________________ (Name and Signature of partners) Signed in the Presence of: ___________________ ___________________ [11]JOINT ACKNOWLEDGMENT
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Q: What are the contents of an Articles of Partnership? A: PeN-POM-TeCa-DiSa-Dis-Jack [1] Personal circumstances of the partners [2] Name of partnership [3] Purposes of partnership [4] Principal Office address Form 30: Articles of Limited Partnership ARTICLES OF PARTNERSHIP OF ______________________________ LTD KNOW ALL MEN BY THESE PRESENTS: [1] These Articles of Partnership made and executed by and among: __________, general partner, (citizenship), residing at __________; __________, general partner, (citizenship), residing at __________ ;( and) __________, general partner, (citizenship), residing at __________; all of legal age, WITNESSETH: [2]That above-named partners have formed a limited partnership among themselves under the name and style of _________________Ltd; [3]That the purposes for which said partnership is formed are; (state the object or character of the business); [4]That the principal place of business of the partnership shall be at__________; [5]That the term for which the partnership is to exist shall be ___ years from and after the execution of this agreement; [6]That the capital of this partnership shall be ____PESOS (Php__________), Philippine currency, contributed by the partners, as follows, to wit: _____________ (general partner).. Php_______________; _____________ (limited partner)... Php_______________; and _____________ (limited partner) Php_______________; [7]That ___________, general partner, is hereby designated the manager of the partnership, with a monthly salary of Php_______________; [8]That the profits and losses shall be apportioned among the partners of the partnership___________ (state in what proportion they shall share in the profits and in the losses). IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this ____ day of ___________, 2011, in ___________________, Philippines. _______________________ _______________________ (Name and Signature of partners) Signed in the presence of: __________________ _________________ [9]JOINT ACKNOWLEDGEMENT
[5] [6] [7] [8] [9] [10] [11]
Managing partner and duties Term of existence Capital contribution of each partner Division of profits Salary of managing partner Dissolution of partnership Joint Acknowledgment
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Q: What are the parts of the articles of limited partnership? A: PNP-PrinTeC-DDJ [1] Personal circumstances of partners [2] Name of limited partnership should always be accompanied by LTD after the name F. NEGOTIABLE INSTRUMENTS Form 31: Promissory Note. (Date) P _________ _______________, Philippines [3] [4] [5] [6] [7] Purposes of limited partnership Principal place of business Term of existence Capital contribution Designation and salary of general partner [8] Division of profits [9] Joint Acknowledgment
_____________ month (or days) after date, I promise to pay, for value received, to _______________ or order the sum of ________________ Pesos, with interest at ____ per centum per annum until fully paid. The makers and endorsers severally waive presentment for payment, protest and notice of non-payment of this note. ________________ (Maker)
Form 32: Bill of Exchange. Manila, August ____, 2011 For value received, pay to ______ (name of payee) or order the sum of ______ (Php________) pesos, Philippine Currency, and charge the same to the account of _______ (name of drawer). ___________________ (Name & Signature of Drawer) To: (Name of Drawee) (Address) G. WILL Form 33: Holographic Will . (Date) I, _____________________, of ________________, being of sound and disposing mind, do hereby declare this to be my last will and testament which I have written in my own handwriting in English, a language known to me, and I hereby declare that all my properties shall upon my death be distributed to my wife ______________ and to my only child ____________ share and share alike. ______________________ (Name & Signature) Note: A holographic will1. Should be entirely written, dated and signed by the hand of the testator (Art. 810, NCC) 2. Need not be acknowledged or subscribed before a notary public 3. For purposes of its PROBATE, it is better that the signature of the testator of a holographic will be witnessed by at least three (3) witnesses. (Art. 811, NCC)
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Form 34: Notarial Will .
Last Will and Testament Of ____________________ Know All Men By These Presents: I, ____________, of legal age, Filipino, single/ married to ____________, a native of _______________, now actually residing at _____________, being of sound and disposing mind and memory, and not acting under influence, violence, fraud or intimidation of whatever kind, by these presents declare this to be my Last Will and Testament which I have caused to be written in English, the language which is known to me and I hereby declare that: The following are my children and their addresses: (names and addresses) I give and bequeath to my children ___________, _____________, and ______________, in equal shares, the following properties, real and personal, whatsoever and wheresoever located: (Description) I designate _______________ as the sole executor of this Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ________, 2011, in ____________, Philippines. __________________ (Signature of testator)
ATTESTATION CLAUSE We, the undersigned attesting witnesses, whose residences are stated opposite our respective names, do hereby certify: That the donor, ________, has made known unto us the foregoing donation mortis causa consisting of ____ pages numbered correlatively in letters on the upper part of each page, as her donation mortis causa and has signed the same and every page therein in the left margin, in our joint presence and we, in turn, at his request have witnessed and signed the same and every page thereof, on the left margin, in the presence of the donor and in the presence of each and all of us. __________________________ (name and signature of witness) __________________________ (name and signature of witness) __________________________ (name and signature of witness) ___________________________________________ (residence) ___________________________________________ (residence) ___________________________________________ (residence) JOINT ACKNOWLEDGMENT
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(Notarial Will: continuation)
Republic of the Philippines) City of ___________ ) s.s. At the City of __________, on this ___ day of (month and year), personally appeared the Testator X, and his three (3) instrumental witnesses to wit: AB, BC and CD, all known to me to be the same persons who executed and attested, respectively, the foregoing Last Will and Testament, consisting (number of pages), including this page on which this acknowledgment is written, and they all acknowledged to me that the Testator signed the will and every page thereof on the left margin in the presence of the instrumental witnesses, that the latter signed and witnessed the will on every page thereof on the left margin in the presence of the testator and of one another ; that all the pages of said will are numbered correlatively in letters placed on the upper part of each page, and that the attestation clause is in English, a language known to the instrumental witnesses; they further acknowledged to me that the said will and attestation are their own free and voluntary act and deed. The community tax certificates and competent evidences of identities of the said Testator and three (3) instrumental witnesses were exhibited to me, to wit: Com. Tax Cert. Date and No. Place of Issue Sr. Citizen I.D. No. Place of Issue
WITNESS MY HAND AND SEAL at the place and date first above stated.
NOTARY PUBLIC For the City of ________ Commission serial no. __ Until December 31, 200__ Office address _________ Roll No._______________ PTR OR No. ___________ issued at ______________ on ________________ IBP Membership No. ____ Doc. No.___ Page No.___ Book No. ___ Series of 200__
Note: A notarial will must be1. In writing 2. In a language or dialect known to the testator 3. Subscribed at the end by the testator or by testators name written by a person in its presence 4. Attested and subscribed by at least three instrumental witnesses
5.
6. 7. 8.
Testator and witnesses must sign in each and every page thereof, except the last page, on the left margin Pages should be numbered correlatively in letters on the upper part of each page Attestation clause Acknowledged before a notary public (Art. 797, 798, 802, 819, NCC)
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III. JUDICIAL FORMS
Q: Is oath similar from an affidavit? A: No. An affidavit consists of statement of fact which is sworn as to the truth, while an oath is a pledge. (Suarez, 2007) Q: Who is an affiant?
Note: All judicial forms have one mold or pattern. The parts of a typical judicial form are: [1] Caption [2] Title [3] Introduction [4] Body [5] Relief [6] Attorney [7] Plus or addendums
A: It refers to a person who signs an affidavit and swears to its truth before a Notary Public or some person authorized to take oath. Q: What are the parts of a typical sworn statement or affidavit? A: [1] [2] [3] [4] [5] [6] [7] Venue Title Person Oath Statement Signature Jurat
A. AFFIDAVITS Q: What is an Affidavit? A: It is an ex parte statement in writng made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his personal knowledge or is aware of to the best of his knowledge. (Khan, Jr.,2007) Form 35: Affidavit [1] REPUBLIC OF THE PHILIPPINES) CITY OF MANILA ) SS. [2] AFFIDAVIT
[3] I, HENRY ROBLES, of legal age, married, residing at 5 V.G. Cruz, Sampaloc, Manila, [4] state under oath that: [5] 1. I am a licensed physician. 2. I examined accused Raul Ramos at 5 p.m. today and found him suffering from intestinal flu for which I prescribed medicine and bed rest for three days. [6] HENRY ROBLES Affiant [7] SUBSCRIBED AND SWORN to before me in the City of Manila, Philippines, this 10th day of July, 2011. I have identified affiant through his LTO Driver's License No. N10-68-034785 dated May 22, 2011. Name _______________________ Notary Public for (City/ Province) Office Address of Notary Public Appointment No. _______ until (date) Roll of Attorney No. PTR No.__, __ (date and place of issue) IBP No. __, __ (date of issue) (chapter) Serial No. of Commission_____ Doc. No._____; Page No. ____; Book NO.____; Series of 2011.
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Form 36: Affidavit of Merit Q: What is an Affidavit of Merit? A: It is an affidavit which states that the defendant has a meritorious defense of a
Note: In executing an affidavit, the affiants primary qualification is that he has knowledge of the facts which he states, and the truth of which he affirms. (Suarez, 2007)
substantial and not merely technical nature and stating the facts constituting the same.
REPUBLIC OF THE PHILIPPINES) CITY OF MAKATI ) s.s.
AFFIDAVIT OF MERIT I, ___________, of legal age, Filipino and resident of _______________, after being duly sworn to in accordance with law, hereby depose and state that: 1. I am the Petitioner in the case entitled ___________docketed as Civil/ Criminal Case No._______ and pending before the Regional Trial Court; I have caused the preparation of the Motion for Reconsideration to which this affidavit is attached; I have read the allegations contained therein and I hereby state that the same is true and correct of my personal knowledge and based on authentic records; I have received a copy of the resolution of the Regional Trial Court dismissing my petition for failure to prosecute for an unreasonable length of time; The reason for my failure to proceed with the steps necessary for my case was due to the fact that my counsel, Atty. _____ was admitted in the National Kidney Institute for an emergency operation; The partners of my lawyer were not able to handle my case because of their individual work load and hectic schedule; The foregoing circumstance that led to the dismissal of my petition constitute mistake and/or excusable negligence which ordinary prudence could not have guarded against and by reason of which I have been impaired of my rights, especially because a judgment was rendered by the court without affording me the chance to present my evidence; I voluntarily execute this Affidavit of Merit to attest to the truth of the foregoing facts and in order to support the grounds in my Motion for Reconsideration as it really shows that the same is meritorious and in order that the Order or Judgment rendered against me be reconsidered and set aside and a new one be issued reinstating the instant case.
2.
3.
4.
5.
6.
7.
8.
Affiant adds nothing more at this time. August 1, 2011, Makati City ___________________ (Affiant) (JURAT)
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Legal Forms judicial forms

Form 37: Affidavit of Good Faith Q: What is an Affidavit of Good Faith? A: A certificate included in the chattel mortgage contract executed by both the mortgagor and mortgagee that the mortgage is constituted to secure the specified obligation, and that the said obligation is a valid, just and subsisting obligation and not one entered into for the purpose of fraud. (Sec. 5, Chattel Mortgage Law)
We, the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel mortgage is made and executed for the purpose of securing the obligation specified therein, and for no other purpose and that the same is a just and valid obligation and one not entered into for purposes of fraud. August 1, 2011, Makati City. ______________ (Mortgagor) (JURAT) _____________ (Mortgagee)
B. MOTIONS Q: What is a motion? A: A motion is an application for relief other than by a pleading. (Sec. 1, Rule 15) Note: A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by the Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers. (Sec. 3, Rule 15, RRC)
Note: The plus for a motion is the notice of hearing (mandatory if the motion is a litigated motion). If filing of a pleading or service of its copy on adverse party is done by registered mail, another plus is the
need to give an explanation why personal filing or service could not be done.
Q: What are the parts of a motion: [1] Caption [2] Title of the case [3] Body of the motion
Note: The body of a motion usually has two parts: a. The ground for the motion b. The argument in support of the motion
[4] [5] [6] [7]
Prayer Place, date and signature Notice of Hearing Proof of Service
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Form 38: Motion for Judgment on the Pleadings
[1] Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch ___ Manila [2] A, Plaintiff, - versusB, Defendant, X- - - - - - - - - - - - - - - -x Plaintiff, by counsel, respectfully states that: [3] 1. In the answer of the defendant filed on _________--- he admitted having signed the promissory note and merely interposed the defense that he was asking for time within which to pay the obligation; 2. Said answer does not tender any issue and in fact it can be read therefrom that defendant admitted his obligation. [4] WHEREFORE, it is respectfully prayed that this Honorable Court render judgment on the pleadings. [5]________ City, Philippines, this _____ day of _______2011 . Name ____________________________ Office Address ____________________ Roll of Attorney No. ________________ PTR No.___, ___ (date and place of issue) IBP No. ____, ___ (date of issue) (chapter) MCLE Compliance No. [6] NOTICE OF HEARING [7] PROOF OF SERVICE (affidavit of service by mail) EXPLANATION Civil Case No. ___
Following the above format, the body and prayer for other types of motions should be as follows: Form 39: Motion to Declare Defendant in Default
1. Plaintiff filed this Complaint against defendant on _________; summons were served on defendant on _________ as indicated by the Sheriffs return of even date, a copy of which is attached as Annex A; 2. Defendants reglementary period to file Answer ended on ________; no motion for extension of such period was filed nor was any granted motu propio by this Honorable Court. Despite the lapse of time, defendant has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed to present evidence ex parte before the Clerk of Court acting as Commissioner.
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Form 40: Motion to Lift Order of Default
Note: A motion to lift an order of default based on FAME, should be accompanied by an affidavit of merits. However if it is grounded on the very root of the proceedings, i.e. invalid service of summons, affidavit of merits is not necessary.
1. That ten (10) days after the summons of the complaint was received by this defendant, she filed a motion to dismiss; 2. That plaintiff had not filed any opposition to said motion and no hearing was held on said motion to dismiss; 3. That while the said motion to dismiss was still pending, this Honorable Court declared defendant in default; and That said order declaring defendant in default is premature and without legal basis since there is still a pending motion to dismiss.
Form 41: Motion for Postponement of Hearing

Note: For a motion to postpone trial on the ground of illness by a party or counsel, the following must appear in an affidavit or sworn certification: 1. 2. The appearance of counsel or party is indispensable The illness is such as to render his non-attendance excusable (Sec. 4, RRC)
1. That the above-entitled case is set for hearing on __________; 2. That counsel for defendant is afflicted with chicken pox and is now under the medical care of Dr. ________. A copy of the physicians certificate under is hereto attached; WHEREFORE, it is respectfully prayed that the hearing set for ___________ be reset to another day preferably on the first week of June 2010 or at the convenience of this Honorable Court.
Form 42: Motion to Dismiss
Defendant, by counsel, respectfully moves that the complaint be dismissed on the following grounds: (Here mention one or more grounds provided for in Rule 16, Rules of Court: Lack of Jurisdiction, Payment; Novation; Prescription; lack of Capacity) ARGUMENTS (Here set forth the reasons in support of the grounds mentioned) PRAYER WHEREFORE, it is respectfully prayed that the complaint be dismissed.
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Form 43: Motion to Intervene NAME, by counsel, respectfully prays that he be permitted to intervene in this case as a party plaintiff/party-defendant on the ground that he has legal interest in the matter under litigation and that he may be adversely affected in these proceedings as shown in the attached Complaint-inIntervention/ Answer-in-Intervention. WHEREFORE, it is respectfully prayed that ______________ be allowed to intervene as party plaintiff/ party defendant and the attached complaint or answer in intervention be admitted and that herein intervenor be allowed to serve copy of the same to the plaintiff/defendant.
Form 44: Motion for New Trial

Note: Grounds for filing a Motion for New Trial include: 1. Fraud 2. Accident 3. Mistake 4. Excusable negligence 5. Newly discovered evidence which with reasonable diligence have discovered and produced at the trial, which if presented will alter the results.
Defendant/Plaintiff, by counsel, respectfully moves that the decision of this Honorable Court dated _________ and received on _________ be set aside and new trial be granted on the following grounds: (Here give the grounds provided for in Rule 37, Rules of Court; such as fraud, accident, mistake, or newly discovered evidence or excessive damages awarded) ARGUMENTS (Here set forth the reasons in support of the ground/s mentioned) WHEREFORE, it is respectfully prayed that the decision of this Honorable Court be set aside and new trial be granted.
Form 45: Motion for Extension
1. That on _____ he received a copy of a summons in the above-entitled case, with a copy of a summons in the above-entitled case, with a copy of the complaint attached thereto, giving him a period of fifteen (15) days within which to file his answer, or until _______; 2. That considering the numerous causes of actions raised in the complaint, and the other equally important cases which require the almost daily attendance in court by the under-signed, he may not be able to file the defend-ants answer by ____ and would require an additional fifteen (15) days from that day or until ______ within which to file the requisite answer; 3. That this motion is filed solely for the above reason and is not interposed for delay. PRAYER WHEREFORE, it is respectfully prayed that the defendant be given an extension of time of fifteen (15) days from ______ or until _______ within which to file defendants answer to the complaint. Other just and equitable reliefs are also prayed.
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Form 46: Motion for Bail 1. That the defendant is presently in custody of the law for the alleged commission of a capital offense and is being detained at ____________; 2. That no bail has been recommended for his temporary release on the assumption that the evidence of guilt is strong; 3. That the burden of showing that evidence of guilt is strong is on the prosecution and unless this fact is satisfactorily shown, the defendant may be granted bail at the courts discretion. WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant be admitted to bail in such amount as this Honorable Court may fix.
Form 47: Motion to Quash
Accused, by counsel, respectfully moves to quash the information filed against him on the ground that: Lack of Jurisdiction Prescription Facts alleged do not constitute an offense, etc. ARGUMENTS (Here set forth the reasons in support of the motion to quash) WHEREFORE, it is respectfully prayed that the information filed against the accused be dismissed.
Form 48: Demurrer to Evidence
Accused, __________________, through counsel, and pursuant to leave granted by this Honorable Court, in its order dated _____________ respectfully submits this motion to dismiss by way of demurrer to evidence and alleges that: THE INDICTMENT THE EVIDENCE FOR THE PROSECUTION ARGUMENTS (why the case should be dismissed; insufficiency of evidence should be among those enumerated showing why the same is insufficient) WHEREFORE, it is respectfully prayed that the case against the accused be dismissed.
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C. COMPLAINT Forum 49: Complaint
COMPLAINT Plaintiff, by counsel, respectfully alleges:
1. That the plaintiff is of legal age, single and a resident of ______, while the defendant is of legal age, single and a resident of _______ where he may be served with summons; 2. That on _______ (date), defendant obtained a loan from the plaintiff in the amount of ________ pesos (Php__________) for which he executed and delivered to plaintiff a promissory note, a copy of which is hereto attached as Annex A, and made part of this complaint, to wit:
(copy promissory note)
Date_____________ P___________ __________ after date, I ______, promise to pay to the order of _______, the sum of ________ pesos (Php_____________). ____________ Maker
3. That despite the lapse of the period for the payment of the amount stated in said note, defendant has not paid the same, or any part thereof or interest thereon;
WHEREFORE, it is respectfully prayed that judgment be rendered in favor of plaintiff and against defendant for the sum of _____________ (total sum of the promissory notes) pesos (Php________) with interest at the rate of twelve per centum (12%) per annum on each of the aforesaid notes, until paid; interest at the legal rate on the interest due from the time of the filing of the complaint and attorneys fees plus costs. Such other reliefs as may be just and equitable under the premises are likewise prayed for. ________ City, Philippines, this _____ day of _______2011. Name ____________________________ Office Address ____________________ Roll of Attorney No. ________________ PTR No.___, ___ (date and place of issue) IBP No. ____, ___ (date of issue) (chapter)
VERIFICATION with CERTIFICATION OF NON-FORUM SHOPPING
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Following the above format, the body and prayer for other types of Complaints should be as follows:
1. That the plaintiff and the defendant are both of age and residents of _____________; 2. That the said parties are co-owners, by virtue of intestate inheritance from their deceased parents, of certain real properties located in ______________, more particularly described as follows, to wit: (description of the estate which partition is demanded) 3. That the plaintiff desired that the above real estate be partitioned between the plaintiff and the defendant; 4. That the plaintiff has requested of the defendant that the above-described real estate be amicably partitioned between them by mutual agreement, but said defendant refused and continued to refuse to do so. WHEREFORE, it is respectfully prayed: 1. That after due hearing, the partition of the above-described real estate be ordered between the plaintiff and the defendant, share and share alike; 2. That the costs and expenses of these proceedings be taxed solely against the defendant. 3. Other reliefs just and equitable under the premises are likewise prayed for.
Form 50: Complaint for Unlawful Detainer 1. That Plaintiff is married, Filipino citizen and residing at _________-- where he may be served with court processes, motions and decisions while defendant is a Filipino citizen, married and residing at _______ where he may be served with summons and other court processes; 2. That plaintiff is the owner of a land over which an apartment had been constructed, located at ______; 3. That by virtue of a contract of lease, plaintiff leased unto the defendant the aforesaid apartment for a consideration so _______________ (Php__________________) a month as rental to be paid within the first ten (10) days of each month starting______ (date); 4. That defendant failed to pay the agreed rental for several months starting from ______ up to present; 5. That on ______, plaintiff sent a letter of demand to vacate the apartment which was received by the defendant as shown in the registry return receipt hereto attached; 6. That despite said letter of demand which was repeated by oral demands defendant failed and still refused to pay the agreed rentals and to vacate the apartment; 7. That by reason of the failure of the defendant to vacate the premises and to pay the unpaid rentals, plaintiff was compelled to file this complaint engaging the services of counsel in the amount of ______; WHEREFORE, it is respectfully prayed that judgment be rendered ordering the defendant to vacate the premises to pay the unpaid monthly rentals in the amount of ______ and further rentals until the said defendant fully vacates the premises and to pay the costs of the suit. Plaintiff prays for such other reliefs, as the Honorable Court may deem just and equitable under the premises.
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Form 51: Complaint for Replevin
1. That both the plaintiff and the defendant are of age and residents of ______________; 2. That said plaintiff is the lawful owner of a personal property, namely, _____________, valued at _____________ and more particularly described as follows: (description of property) 3. That on or about the ____ day of _____, herein defendant borrowed said property from Plaintiff promising to return the same the next day; 4. That on _____, and for ten (10) days thereafter, the herein Plaintiff demanded for the return of the said property but despite repeated demands, said Defendant refused and still refuses the said property claiming that the same belongs to him; 5. That plaintiff, in accordance with the Rules of Court, hereby applies for an order for the delivery of said ________________- and hereby files the necessary affidavit and bond hereto attached, as Annex A and Annex B, respectively, and made integral parts of this application and complaint; 6. That the herein plaintiff is ready and willing to file a bond, executed to the defendant in double the value of the property stated above, for the return of the property to the Defendant if the return thereof be adjudged and for the payment to the Defendant of such sum as he may recover from the Plaintiff in the action. WHEREFORE, it is respectfully prayed: 1. That the property in question be ordered delivered to the plaintiff or if material delivery be not possible, that defendant be ordered to pay the plaintiff its actual value, namely the sum of _________. 2. That the defendant be made to pay the costs of this suit, and plaintiff be granted such other equitable relief consistent with law and equity.
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Form 52: Complaint for Interpleader
CAPTION AND TITLE COMPLAINT 1. Averment of names, personal circumstances and residences of the parties; 2. That on December 18, 2000, XYZ took a life insurance policy for P2 million from the plaintiff and that the primary beneficiary designated was simply wife; 3. That said XYZ died intestate on June 30, 2008; 4. That both defendants, claiming to be the wife of XYZ, filed their respective claims with the plaintiff; 5. That the plaintiff is ready, willing and able to pay the proceeds of such insurance policy, however, it has no means of knowing definitely to whom as to the two defendants payment should be made; 6. That defendants should interplead and litigate their conflicting claims to the insurance proceeds. PRAYER WHEREFORE it is respectfully prayed that judgment issue: 1. Ordering defendants to interplead and litigate their conflicting claims between them; 2. Ordering the deposit with this Honorable Court the insurance proceeds and that the plaintiff be discharged from whatever claims that may be had against it relative to the life insurance policy of XYZ. Other just and equitable reliefs are also prayed. PLACE AND DATE COUNSELS NAME, ADDRESS, etc. VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
D. ANSWER Q: What is an answer? A: An answer is a pleading in which a defending party sets forth his defenses. (Sec. 4, Rule 6, RRC) Q: What does the body of an answer contain? A: The body of an answer usually has three parts
1. 2. 3.
The admissions and denials, The special and affirmative defenses, The counterclaim.
Note: The plus in an answer is a statement of copy furnished the adverse party. When an actionable document has to be denied, verification has to be added to the answer. If it includes a permissible counterclaim, a certification of non-forum shopping must also be added.
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Form 53: Answer with Special and Affirmative Defenses and Counterclaim
ANSWER Defendant, by counsel, respectfully alleges: 1. Defendant admits the averment in paragraph 1, 2 and 3 of the complaint; 2. Defendant specifically denies the allegation in paragraph 4 of the complaint, the truth being that (state here the fact being claimed by the defendant as the true state of facts or the truth being those stated in the special and affirmative defenses herein set forth); 3. Defendant has no knowledge or information to form a belief as to the truth of the averment on paragraphs 5, 6, 7 and 8 of the complaint; By way of special and affirmative defenses, defendant avers: 4. (state defenses, e.g. that the obligation has already been paid) By way of counterclaim, defendant alleges: Form 53: Complaint for Ejectmente.g. attorneys fees at Php50,000.00) 5. (state counterclaim, WHEREFORE, it is respectfully prayed that the complaint be dismissed and defendant be awarded the amount of _________________ pesos (Php____________). Other reliefs just and equitable under the premises are likewise prayed or. ________ City, Philippines, this _____ day of _______2011. Name ____________________________ Office Address_____________________ Roll of Attorney No. ________________ PTR No.___, ___ (date and place of issue) IBP No. ____, ___ (date of issue) (chapter) MCLE Compliance No. _______________ Copy furnished: _________________________________ Name and Address of adverse counsel PROOF OF SERVICE (affidavit of service by mail) EXPLANATION
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Following the above format, the body and prayer for other types of Answer should be as follows: Form 54: Answer with Third Party Complaint
1. He admits the allegations contained in paragraph 1 of the complaint; 2. He admits paragraphs 3 and 4 of the complaint; 3. He admits partially the allegations of paragraph 3 of the complaint in the sense that he signed a promissory note for five thousand (Php5,000.00) pesos, but he qualifies his admission in the sense that not a single centavo of the loan was used by him, he being only an accommodation maker; 4. He admits that the loan is now long overdue but he specifically denies that he has failed and refused to pay the same, because he did not get anything out of the loan, as it was Jose Maximo who pocketed the whole amount of said loan; 5. He admits that he has not paid any interest on said loan, because he had no obligation of paying said interest, the whole amount having accrued to the benefit of Jose Maximo; 6. He specifically denied the allegation s of paragraph 7 of the complaint, because his failure to pay the loan is not justified nor was there any refusal on his part; 7. He has no knowledge or information to form a belief as to the truth of paragraph 8 of the complaint and therefore, he specifically denies the same. BY WAY OF THIRD-PARTY COMPLAINT, he alleges: 1. Third-party plaintiff is of legal age, married and with residence and postal address at ________________; 2. Defendant Jose Maximo is likewise of legal age, and he may be served with summons at _____________; 3. (here state the circumstances how Jose Maximo got involved) BY WAY OF SPECIAL AND AFFIRMATIVE DEFENSES TO THE COMPLAINT, defendant alleges: 1. The complaint states no cause of action, because the obligation has been satisfied, for, on ___________, the plaintiff proceeded before the notary public _______________ for the sale of the 100 shares of stock put up as collateral of the loan mentioned in Annex A of plaintiffs complaint; 2. Defendant was only an accommodation maker, as may be seen from the promissory note itself that the amount of Php5,000.00 was credited to Jose Maximo which reads as follows: Please credit Php5,000.00 to Jose Maximo; WHEREFORE, it is most respectfully prayed that judgment be rendered as follows: 1. Dismissing plaintiffs complaint for failure to state a cause of action, the obligation having been fully satisfied; 2. Ordering the plaintiff to pay the costs, and granting unto defendant such other remedy which this honourable Court may deem proper. ON THE THIRD-PARTY COMPLAINT 1. That summons be issued against third-party defendant, Jose Maximo; 2. That after sue hearing, he be sentenced to pay the defendant whatever amount this Honorable Court may order him to pay unto the plaintiff; 3. That he be ordered to pay unto third-party plaintiff the sum of Php5,000.00 as and for attorneys fees; 4. That Jose Maximo be ordered to pay the costs; Third-party plaintiff prays for such other relief that may be reasonable in the premises.
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Form 55: Answer with Specific Denial of Document Under Oath
THAT defendant, by counsel,,specifically denies under oath the genuineness and due execution of the instrument a copy of which is attached to Plaintiffs complaint as Annex A, the truth being that his signature thereon is forged and that he did not in fact sign the said instrument.
E. PETITIONS Form 56: Petition for Adoption
CAPTION/TITLE
PETITION PETITIONERS, by counsel, respectfully state that: 1. Petitioners are husband and wife, both of legal age, and residents of _________; 2. They have no legitimate children of their own and desire to jointly adopt a minor named _______________, ______ years old, the legitimate child of _______; 3. The parents of the minor are not insane, intemperate and are in full possession of civil capacity; they have not abandoned the minor child. With full knowledge of petitioners intention they have expressly given their written consent to the adoption, as shown by their statement, a copy of which is attached as ANNEX A; 4. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor; they are also morally qualified to bring up and educate the said minor; WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners favor adjudging the minor child _______ freed from all legal obligations of obedience and maintenance with respect to his/her natural parents and that he/she be declared to all legal intents and purposes, the child of herein petitioners and that his/her surname be changed to that of the petitioners. ________ City, Philippines, this _____ day of _______2011 Name _______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. __________________________ MCLE Compliance (or Exemption) No._____
VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING
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Following the above format, the body and prayer for other types of Petitions should be as follows: Form 57: Petition for Guardianship Q: What shall the petition contain? A: 1. 2. 3. 4. Jurisdictional facts Personal circumstance of the ward Ground for guardianship Death of parents of the minor or termination or suspension of parental authority Remarriage of minors surviving parent 7. 8. 9. 6. Personal circumstances of the relatives of the minor within the fourth civil degree and reasons having himself the care and custody Probable value, character and location of property Personal circumstances of the prospective guardian Verification and certification of non-forum shopping
5.
1. That he is the father of the minor _____; 2. That minor _____ is presently a resident of the City of _____; 3. That minor ______ is the owner of a parcel of land located in the City of Manila valued at ________ pesos (Php_______) and as such minor can make no transactions regarding the same; 4. That the nearest of kin of minor _____ are the following: (here mention the nearest kin and their addresses) 5. That due to the minority of the said ______, it is necessary and convenient that a guardian over his person and property be appointed; 6. That, as above states, _______ is the person having the said minor in his care, and that he possesses all qualifications of a person to whom letters of guardianship should issue. (furnish a bond of not less than 10% of the value of the property or annual income if it exceeds P50,000.00) WHEREFORE, it is respectfully prayed that, after due notice and hearing, petitioner be appointed guardian over the estate of ______.
Form 58: Petition for Habeas Corpus Q: What is habeas corpus? A: This is a writ directed to a person detaining another and commanding him to produce the body of the prisoner at a certain time and place and to state the cause of his capture and detention. Habeas corpus is a remedy to relieve persons from unlawful restraint. Q: Who files the petition for writ of habeas corpus? A: it is filed by the party for whose relief it is intended, or by some person on his behalf.
1. That he is the father of Y, who is presently in the custody of Z, maternal grandmother of Y, who (Z) forcibly abducted him (Y) and up to now actually restrains him (Y) of his liberty; 2. That despite demands, Z refuses to turn over the custody to petitioner; WHEREFORE, it is respectfully prayed that an order be issued to Z to bring the minor to this Honorable Court at the hour and date to be set by this Honorable Court, and thereafter that the custody of the minor Y be turned over to the petitioner.
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Form 59: Petition for Writ of Amparo Q: What is writ of amparo? A: It is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful actor o omission of a public official or employee, or fo a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof. (Sec 1, Rule on the Writ of Amparo) Q: Who may file? A: It may be filed by the aggrieved party or by any qualified person or entity in the following order: 1. Any member of the immediate family, namely, the spouse, children and parents of the aggrieved party 2. Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph 3. Any concerned citizen, organization, association or institution, if there is no known member of the immediate family or relative of the aggrieved party. The filing of a petition by the aggrieved party suspends the right of all other authorized parties to file similar petitions. Likewise, the fling of the petition by an authorized party on behalf of the aggrieved party suspends the right of all others, observing the order established herein. (Sec. 2, Writ of Amparo)
Q: Where is the petition filed? A: The petition may be filed on any day and at any time with the RTC of the place where the threat, act or omission was committed or any of its elements occurred, or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts. The writ shall be enforceable anywhere in the Philippines. (Sec. 3, Writ of Amparo)
1. That petitioner is a Filipino citizen, of legal age, with address at ________ and the respondent is a Filipino citizen , of legal age , with address at _________; 2. That the petitioner, ______, in whose behalf this application is being made, is actually restrained of his liberty by the respondent, _____ at the latters residence at _________; 3. (State facts pertaining to the right to life, liberty and security of the aggrieved party violated or threatened with violation by the unlawful act or omission of the respondent, and how such threat or violation is committed with the attendant circumstance detained in supporting affidavits); 4. (The investigation conducted, if any, specifying the names, personal circumstances and addresses of the investigating authority or individuals, as well as the manner and conduct of the investigation together with any report); 5. (The actions and recourses taken by the petitioner to determine the fate and whereabouts of the aggrieved party and the identity of the person responsible for the threat, act or omission). PRAYER WHEREFORE, petitioner respectfully prays that a WRIT OF AMPARO be issued by this Honorable Court, ordering respondents ________ to immediately release from their custody the person of _________ to petitioners if still alive, or if already dead, to show the place where his remains is placed or buried and to pay the petitioner _____________. (may also include prayer for: 1. Order enjoining respondent from doing harm or harassment. 2. Order allowing inspection by the court of the premises 3. Order respondents to produce documents to or in their custody related to the detention.)
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Form 60: Petition for Habeas Data I. NATURE OF THE PETITION 1. This is a petition for the writ of habeas data filed under A.M. No. 08-1-16-SC, also known as the Rule on the Writ of Habeas Data to require the respondent/s to produce and, if necessary update and rectify, or, in the alternative, suppress or destroy information within its control and/or contained in its database, which relates to petitioner, his/her family, his/her home and his/her correspondence. 2. Petitioner respectfully submits that respondent obtained the information through an unlawful act, has unjustifiably failed to disclose the information to petitioner, and/or has unjustifiably refused to update, rectify, suppress or destroy the information. 3. This act or omission of respondent to comply with petitioner's demand is a violation of, or poses a threat of violation to, petitioner's right to privacy in life, liberty and security. 4. In view of the foregoing, petitioner brings this petition before this Honorable Court praying that the respondent be required to cause the immediate production of the information requested so that the same may be revealed to petitioner for proper updating, rectification or, in the alternative, for its suppression or destruction, whatever may be necessary to protect petitioner's privacy. 5. Finally, petitioner respectfully submits that he/she is an indigent person and prays that this Honorable Court exempt him/her from docket and other legal fees in this case, subject to the submission of proof of his/her indigency within fifteen days from the filing of this petition. II PARTIES 6. Petitioner is a Filipino, of legal age, and residing at [state address]. He/She may be served with notices from this Honorable Court through his/her undersigned counsel. 7. Respondent is being impleaded in his capacity as a public officer or employee, in charge of the information or database of [state office], which office is engaged in the gathering, collecting, and storing of data. He/She may be served summons and other processes of this Honorable Court at the [state office address]. Respondent is of legal age, residing at [state address] and is engaged in the gathering, collecting, and storing of data. He/She may be served summons and other processes of this Honorable Court at the [state office address]. 8. Respondent is a corporation organized and existing by virtue of the laws of the Republic of the Philippines. It is engaged in the gathering, collecting, and storing of data. It may be served summons and other processes of this Honorable Court at [state office address]. III MATERIAL ALLEGATIONS 9. Petitioner is a citizen of the Republic of the Philippines whose right to privacy is protected by the Bill of Rights found in Article III of the 1987 Philippine Constitution, which provides: Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Section 7. The right of the people to information of matters of public concern shall be recognized. Access to official records and documents, and papers pertaining to official acts, transactions, or decisions as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. 10. Also, in Lourdes T. Marquez vs. Hon. Aniano A. Desierto, et al., this Honorable Court had occasion to rule:
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(Petition for Habeas Data: Continuation)
Zones of privacy are recognized and protected in our laws. The Civil Code provides that "[e]very person shall respect the dignity, personality, privacy, and peace of mind of his neighbors and other persons" and punishes as actionable torts several acts for meddling and prying into the privacy of another. It also holds a public officer or employee or any private individual liable for damages for any violation of the rights and liberties of another person, and recognizes the privacy of letters and other private communications. The Revised Penal Code makes a crime of the violation of secrets by an officer, the revelation of trade and industrial secrets, and trespass to dwelling. Invasion of privacy is an offense in special laws like the Anti-Wiretapping Law, the Secrecy of Bank Deposits Act, and the Intellectual Property Code. (G.R. No. 135882, June 27, 2001.) 11. Finally, Republic Act 6713, known as the Code of Conduct and Ethical Standards for Public Officials and Employees, makes it a duty of every public officer and employee to allow the inspection of all public documents, and to respond to requests within fifteen days. Viz: Section 5. Duties of Public Officials and Employees. In the performance of their duties, all public officials and employees are under obligation to: (a) Act promptly on letters and requests. All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request. xxx xxx xxx (e) Make documents accessible to the public. All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours. 12. On [date], petitioner requested access to all information held about him/her by the respondent, within fifteen days from respondent's receipt. A copy of the written request is attached as Annex "A". 13. The period given to respondent to allow petitioner access to its database has already lapsed. 14. As a result of respondent's failure or unjustifiable refusal to allow access to its database, petitioners right to privacy is being violated. 15. The use and possible dissemination of the information held by respondent is an unlawful intrusion into petitioner's privacy, which intrusion threatens to ultimately violate petitioner's right to life, liberty and security. 16. The information which remains hidden from petitioner is in the database of respondent located in the following offices: [state the offices or known location of the information]. PRAYER WHEREFORE, petitioner prays that this Honorable Court give due course to this petition and issue the writ of habeas data and rule, as follows: 1. Upon the filing of the petition, ENJOIN respondent from disseminating the information; 2. Upon notice and hearing, ORDER respondent to: a. Produce the information in its possession regarding petitioner's person, his/her family, home and correspondence; b. Correct, suppress or destroy the information in its database, whatever may be applicable as determined by this Honorable Court; and c. Rectify the damage caused to petitioner's reputation by making a public apology to petitioner, which shall be circulated in the manner and to such persons as the petitioner may deem appropriate. Other reliefs just and equitable under the premises are likewise prayed for.
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Q: What is the writ of habeas data? A: It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or for a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.
Note: The petition may be filed with the RTC where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of the petitioner. Note: The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan when the action concerns public data files of government offices. Note: Any aggrieved party may file a petition for the writ of habeas data. However, in cases of extralegal killings and enforced disappearances, the petition may be filed by: 1. Any member of the immediate family of the aggrieved party, namely: the spouse, children and parents 2. Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph
Form 61: Petition for Change of Name Q: Who shall file the petition for change of name? A: A person desiring to change his name shall file his petition to the RTC of the province in which he resides or in the City of Manila, to the Juvenile and Domestic Court or RTC. Q: What shall the petition contain? A: It shall be signed and verified by the person desiring to change his name or some other persons in his behalf. The petition shall set forth: 1. That the petitioner has been bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of such filing 2. The cause for which the change of the petitioners name is sought 3. The name asked for Q: What are the grounds for change of name? A: 1. 2. 3. 4. Name is ridiculous dishonourable and extremely difficult to pronounce Change of name is a legal consequence as in legitimation When the change will avoid confusion Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody When the surname causes embarrassment no fraudulent purpose is intended for such change
5.
6.
1. That the petitioner is of age, single/married, and a resident of ___________; 2. That he has been a bona fide resident of the province of _______ since year ______ or for at least three (3) yeas prior to the date of the filing of this petition; 3. That his present name is______________; 4. That the petitioner is also knows as (a.k.a.) __________________; 5. That (here state the reason for which the change of petitioners name is sought); 6. That petitioner requests that his present name be change to ______; WHEREFORE, it is respectfully prayed that, after due notice and publication in accordance with the Rules of Court, and hearing this Honorable Court adjudge that the petitioners name of _____________ be change to _________________.
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Form 62: Petition for Certiorari
1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents); 2. That (state the facts and circumstances under which the respondent tribunal, board or officer, exercising judicial functions) has acted without, or in excess of its jurisdiction, or with grave abuse of discretion in the exercise of his judicial functions (including your arguments); 3. That (state that there is no appeal from such decision or any plain, speedy and adequate remedy in the ordinary course of law); 4. That a certified true copy of the decision (or order) herein sought to be annulled is hereto attached as Annex A, together with copies of all pleadings and documents relevant and pertinent thereto. 5. That (state the material dates showing when notice of judgment or final order or resolution subject thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial thereof was received). WHEREFORE, it is respectfully prayed, that a writ of certiorari be issued annulling the judgment or order herein complained of (with prayer for a preliminary injunction as the case may be, for the protection of the rights of petitioner pending such proceedings), and after due hearing, that judgment be rendered annulling or modifying the decision or order subject of this petition and the proceedings of (the defendant tribunal, board or officer), with costs against private respondent.
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Form 63: Complaint Declaratory Relief Q: What is declaratory relief? A: It is a special civil action instituted by any person interested under a deed, will, contract, or other written instrument, or whose right are affected by statute, executive order or regulation, or ordinance before breach or violation thereof in order to determine any question of construction or validity arising under the instrument or statue and for a declaration of his right or duties thereunder.
(Caption and Title) COMPLAINT PLAINTIFF, thru counsel, respectfully avers that: 1. (State the capacity, civil status, and residence of the plaintiff and defendant/s, who have or claim any interest which would be affected by the declaration.) 2. (State the deed, will, contract, or statute or ordinance under which a declaratory relief is sought.) 3. (State or quote in full the particular parts of the instrument or statue or ordinance which affect the rights of the plaintiff, or in which he is particularly interested.) 4. ( If the plaintiff or petitioner attacks the validity of the statute, state why such law is invalid or unconstitutional.) 5. (State or show why the plaintiff is interested under such instrument, or how his rights are affected by such statute or ordinance.) 6. (Make an allegation that the declaration by the court on this question is necessary and proper at the time all the circumstances, and that the declaration would terminate the uncertainty or controversy which gave rise to the action.) WHEREFORE, it is respectfully prayed of this Honorable Court to determine the validity of the statue in question (or the construction of the instrument in question) and to declare plaintiffs rights and duties thereunder. (Venue, date, signature) (VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING)
Form 64: Petition for Prohibition Q: What is prohibition? A: it is a special civil action directed against any tribunal, corporation, board or person whether exercising judicial or ministerial functions claiming that said tribunal, corporation, board or persons acted without jurisdiction or with grave abuse of discretion and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law. All these must be alleged by the plaintiff through a verified petition filed in the proper court and praying the judgment be rendered commanding the defendant to desist from further proceedings in the action or matter specified therein. (Suarez, 2007)
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1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents); 2. That (state the facts and circumstances under which the respondent-tribunal, board or officer, exercising judicial functions, has acted without, or in excess of its jurisdiction, or with grave abuse of discretion in the proceedings complained of); 3. That (state that there is no appeal from such act or any plain, speedy and adequate remedy in the ordinary course of law); 4. That a certified true copy of the decision (or order) herein sought to be annulled is hereto attached as Annex A, together with copies of all pleadings and documents relevant and pertinent thereto. 5. That (state the material dates showing when notice of judgment or final order or resolution subject thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial thereof was received). WHEREFORE, it is respectfully prayed, that pending the proceedings in the action, a preliminary injunction be granted ordering the respondent _________ to desist and refrain from further proceedings in the premises, and that after due notice and hearing, a Writ of Prohibition be issued commanding the said respondent to desist absolutely and perpetually from further proceedings (in the action or matter in question), with costs. ________ City, Philippines, this _____ day of _______2010.
Form 65: Mandamus Q: What is mandamus? A: It is a special civil action directed against any tribunal, corporation, board or person claiming that said tribunal, corporation, board or person has unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station or has excluded another from the use and enjoyment or the right or office to which such person is entitled form the use and there is no other plain, speedy, and adequate remedy in the ordinary course of law. All these must be alleged by the plaintiff through a verified petition filed in a proper court and praying that judgment be rendered commanding the defendant immediately or at some other specified time to do the act required to be done to protect the life of the petitioner and to pay the damages sustained by the petitioner by reason of the wrongful acts of the defendant.
1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents); 2. That (state the facts and circumstances under which the respondent-tribunal, board or officer) unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled; 3. That the petitioner has no other plain, speedy and adequate remedies in the ordinary course of law other than this action; 4. That (state the material dates showing when notice of judgment or final order or resolution subject thereof was received, when a motion for new consideration, if any, was filed and when notice of the denial thereof was received). 5. That the petitioner by reason of the wrongful act of the respondent has sustained damages in the sum of __________ pesos (Php___________); WHEREFORE, it is respectfully prayed, that after due notice and hearing, a Writ of mandamus be issued, commanding the respondent forthwith to: (here state the act required to be done, with damages and costs.)
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Form 66: Probate of Will
Petitioner, by counsel, respectfully avers: 1. That the petitioner, of legal age and resident of ______, is the executor named in the last will and testament of _______, deceased who died in ______, on ______; 2. That the said last will and testament (photostatic copy only) is hereto attached as Annex A and made an integral part of this petition, the original thereof to be presented to this Hon orable Court at the time of the probate; 3. That the subscribing witnesses to said will are ____-, _____, ________, all of whom are residents of ________; 4. That the decedent is an inhabitant of the Philippines and a resident of _______ at the time of his death; 5. That the petitioner, named in the will as executor thereof, is legally qualified to act as such and hereby consents and agrees to accept said trust; 6. That the following persons, all of age, have been named in the said will as devisees of the deceased, to wit: ___________ 7. That the property left by the deceased consists of the real and personal property, the gross value of which is _______; 8. That the testator, at the time of the execution of the said will, was _____ years old, of sound and disposing mind, and not acting under duress, fraud, or undue influence and was in every respect capacitated to dispose of his estate by will. WHEREFORE, it is respectfully prayed: 1. That, upon proper notice and hearing, the above-mentioned Will be admitted to probate; 2. That letters testamentary (or of administration) be issued to herein petitioner, without bond; 3. That such other relief be granted as may be deemed just and equitable in the premises. ________ City, Philippines, this _____ day of _______2011. Name _______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. __________________________ MCLE Compliance (or Exemption) No._____
VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING
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Form 67: Quo Warranto
1. That the petitioner is of legal age, (state the capacity and residence of the petitioner, and of the public and private respondents); 2. That (state fully and clearly the facts and circumstances showing that the defendant is in unlawful possession of a public office and that the plaintiff is entitled to hold the same) 3. That (state that the plaintiff has demanded of defendant to vacate the office in question and to deliver the same to the plaintiff, but the defendant unlawfully refused); WHEREFORE, it is respectfully prayed: 1. That a writ of quo warranto be issued ousting and altogether excluding the defendant from the office of _________; 2. That the plaintiff be declared entitled to said office and that he be placed forthwith in possession thereof; 3. That the plaintiff recovers his costs.
Form 68: Petition for Extradition
In view of the Extradition Treaty entered into between the Republic of the Philippines and (country where the fugitive is), effective (date of effectively of the treaty), the Solicitor General of the Republic of the Philippines requests that the (Officer in charge) of the (state where the fugitive is found) issue a requisition for the return of a fugitive who is charged with violations of the (specific offense) and with being a fugitive from justice. I offer the following information to request that the (country) law enforcement officer(s) cited herein be empowered as authorized agents to receive and return the fugitive to the Republic of the Philippines. In support of this application, I certify that: 1. The fugitive who is the subject of this application was in the republic of the Philippines at the time of the commission of the crime; 2. In my opinion, the end of justice required that this fugitive be brought to the republic of the Philippines at public expense for trial; 3. In my opinion, I have sufficient evidence to secure the conviction of the fugitive; 4. The Philippine law enforcement officer(s) who are proposed to receive and return the fugitive are qualified to do so and have no private interest in the arrest of the fugitive; 5. No other application has been made for a requisition of this fugitive growing out of the same transaction herein alleged; 6. This fugitive is not known to be under either civil or criminal arrest in my jurisdiction, except as set forth in this application; 7. This application is not made for the purpose of enforcing the collection of a debt, for removing the fugitive to a foreign jurisdiction with a view there to serve him with civil process or for any private purpose whatsoever. If this application for requisition is granted the criminal proceedings shall not be used for any other purpose not set forth in this application; 8. There has been no avoidable delay in making this application;
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(Petition for Extradition: continuation....) 9. The fugitive has been indicted; FULL NAME AND GENDER OF THIS FUGITIVE AND ALL KNOWN ALIASES. JURISDICTION THAT WILL BE RENDERING THIS FUGITIVE: TITILES, FIRST AND LAST NAMES AND GENDERS OF QUALIFIED PHILIPPINE LAW ENFORCEMENT OFFICERS WHO ARE TO BE EMPOWERED TO RECEIVE AND RETURN THIS FUGITIVE TO THE PHILIPPINES NAME IF OTHER JURISDICTION IN WHICH THIS FUGITIVE IS KNOWN TO BE UNDER CIVIL OR CRIMINAL ARREST A LISTING OF THE NATURE OF EACH CRIME THAT THIS FUGITIVE IS CHARGED WITH COMMITTING INCLUDING THE CITATIONS OF WHAT SECTION OF THE PHILPPINE LAWS FOR THE CRIME AND THE PUNISHMENT THEREFORE, DATE OF THIS FUGITIVES ARREST BY THE RENDERING JURISDICTION NAME OF THE RENDERING JURISDICTION This application is submitted this ____ day of ______ 2010. _________________________ Solicitor General
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F. CRIMINAL ACTIONS Form 69: Criminal Complaint-Affidavit Note: A complaint affidavit is in the form of an affidavit, narrating the facts and circumstances surrounding the alleged crime, based on the point of view of the complainant. The narration may also include the elements of the crime as applied in the set of facts or circumstances.
REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH ____, QUEZON CITY
THE PEOPLE OF THE PHILIPPINES, Complainant, -versusXxx Accused, x--------------------------------------------x CRIMINAL COMPLAINT The undersigned accuses ________________ of the crime of ______________, committed as follows: (Here set out the time and place, when and where the crime is committed, and the facts constituting the offense.) Contrary to law. ________________________ Complainant VERIFICATION A preliminary investigation has been conducted in this case under my direction, having examined the witnesses under oath. (MTC Judge) Witnesses: Criminal Case No._____________ For: ________________________
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Form 70: Counter- Affidavit CAPTION COUNTER-AFFIDAVIT 1. I, _______, of legal age, with assistance of counsel, do hereby state under oath that:
(state the circumstances) 6. It is utterly inexplicable that _____ would hold me liable for estafa when all that I did was to refer ______ to Mr. _____; to a certain extent, I even exerted my best efforts to see that Ms.____ was paid due simply to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for an obligation. I performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotely resembles ANY of the acts punished under Article 315 of the Revised Penal Code. If at all, any cause of action is PURELY CIVIL in nature and that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextel units; any liability should pertain to the office of the mayor, not to me. 8. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the crime of estafa or that any crime at all has been committed. The complaint against me should, thus, be dismissed. To the truth of the foregoing, I have signed this Counter-Affidavit on _____________.
Affiant
Jurat
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Form 71: General Form of Information I [1]REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH ________, MAKATI [2]________________________, Plaintiff, -versus-
Criminal Case No.____ I.S. No.__________ For: ____________
________________________, Accused, x--------------------------------------x INFORMATION [3]The undersigned Public Prosecutor accuses (name of accused) of the crime of (name of the crime) punishable under (Revised Penal Code or state the special law violated) committed as follows: [4] That on (date when crime was committed), the said accused did then and there willfully, and unlawfully (include feloniously if it is a violation of the Revised Penal Code) (state how committed and the name of the private offended party) in the (place where committed) within the City of (place where committed) resulting to damage to the private offended party in the amount of (state amount). [5]Contrary to law. date and place Asst. Public Prosecutor [6]CERTIFICATION OF PRELIMINARY INVESTIGATION I hereby certify a) that I have conducted a preliminary investigation in the case; b) that I examined the complainant and his witnesses; c) that based on the evidence presented, there is reasonable ground to believe that the accused is probably guilty of the offense charged; d) that I gave the accused the opportunity to submit controverting evidence; and e) that the filing of this information has been approved by the City Prosecutor. Asst. City Prosecutor
[7]JURAT [9]List of Witnesses: [10]Bail Recommended:
[8] 1st Public Prosecutor
Note: Essential parts of information include: [1] Heading [2] Caption [3] Opening sentence [4] Body alleging the acts or omissions constituting the crime [5] Contrary to law [6] Certification of preliminary investigation [7] Jurat [8] Approval of city prosecutor if filed by assistant city prosecutor [9] List of witnesses [10] Bail recommended
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"Following the above format, you may draft the information for other crimes using the following accusatory portions." i. Acts of Lasciviousness.
That on or about ____________, in the Municipality of ______________, Province of _________________, Philippines, within the jurisdiction of this Court, the said accused, actuated by lust, did then and there, willfully, unlawfully, and feloniously, commit an act of lasciviousness on the person of ___________ by then and there embracing and kissing her and touching her breasts and sexual organs, against her will, and by means of force.
ii. Serious Illegal Detention.
That about and during the period beginning the _____ day of _____, 2010, in the Municipality of ______________, Province of _________________, Philippines, and within the jurisdiction of this Court, said accused suspecting that one ____ had knowledge of the elopement of her sister, did then and there willfully, unlawfully, feloniously and by force, take said _______, a man of 50 years old, while the latter was walking in _______, to whom said accused detained and kept locked in his room from ____________ to ___________ or a period of ____ days under restraint and against the will of the said ____, and said accused did, during said period of detention, maltreat and refuse to release said ____ until the sister of the accused was found. iii. Simple Seduction.
That on or about ____________, 2010, in _____________, province of _____________, Philippines, within the jurisdiction of this court, the said accused did then and there willfully, unlawfully, and feloniously, and by means of deceit, have sexual intercourse with _________, an unmarried girl over twelve but under eighteen years of age.
iv. Attempted Rape.
That on or about _____, in __________, the accused did then and there willfully, unlawfully, and feloniously enter the house of ____________, a married woman, and finding that her husband was away, with lewd designs and by means of force and intimidation, commenced directly by overt acts to commit the crime of attempted rape upon her person, to wit: while ______ was cooking lunch, the accused seized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and attempted to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests and vigorous resistance brought her neighbors to her assistance, causing the accused to flee from the premises without completing all the acts of execution.
v. Frustrated Murder.
That on or about _____, in __________, the accused did then and there take a loaded .45 Caliber Magnum Pistol, directly aim the same firearm at the person of ___________, an invalid septuagenarian and at point blank range, with intent to kill, discharge the firearm twice against the person of said ___________, inflicting on said _______ two (2) wounds on his chest and stomach, which would have been fatal had not timely medical assistance been rendered to the said _______.
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vi. Rape.
That on or about _______________, province of ___________, Philippines, within the jurisdiction of this court, the said accused entered the house of ________ who was then and there alone, and by means of force and intimidation, willfully, unlawfully, and feloniously did lie and succeeded in having carnal knowledge of said ___________, without her consent.
vii. Murder.
That on or about _______, in the Province of _________, Philippines, within the jurisdiction of this court, the said accused did, then and there, with malice aforethought and with deliberate intent to take the life of ___________, willfully unlawfully, feloniously, suddenly, unexpectedly, and treacherously, attack the latter with a knife, first wounding him in the chest, and afterwards, when enfeebled and unable to defend himself, again stabbed him in the stomach, both wounds being necessarily mortal, thereby causing the direct and immediate death of said ________.
viii. Bigamy.
That on or about _______, in the City of _________, Philippines, within the jurisdiction of this Honorable Court, the said accused being legally married to ___________ and without such marriage having been legally dissolved and thus valid and existing, did willfully, unlawfully and felicitously contract a second marriage with ________ in the City of _______.
ix. Theft.
That on or about _______, in the City of _________, Philippines, within the jurisdiction of this court, the said accused, then 11 years old and without any known address, willfully unlawfully, feloniously, with intent to gain, without force upon things or violence upon persons and without the knowledge and consent of ________, the owner, took a gold necklace studded with diamonds valued at ____________ to the prejudice of said owner.
x. Homicide thru Reckless Imprudence.
That on or about the ___ day of _____, ____, in the City of _____, the said accused, being then the driver and person in charge of service jeepney bearing plate no. _____, did then and there unlawfully and feloniously drive, manage and operate the said vehicle along _____ Blvd. in the City of _____, in a careless, reckless and imprudent manner, by then and there making the vehicle run at a speed greater than was reasonable and proper, without taking the necessary precaution to avoid accident to person or damage to property, causing by such carelessness, recklessness, imprudence and lack of precaution the said vehicle so driven, managed and operated y him to hit and bump, as in fact it hit and bumped Y, a pedestrian who was crossing said _____________ Blvd., thereby inflicting upon said Y mortal physical injuries which were the direct and immediate cause of his death soon thereafter.
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xi. Anti-graft and Corrupt Practices Act (RA 3019) filed by Ombudsman.
That on or about ________________ in ____________, province of __________, Philippines, within the jurisdiction of this court (or the Sandiganbayan depending on the salary grade of the accused), the said accused did, then and there a, with malice afterthought and with deliberate intent committed a violation of Section 3 (e) of RA 3019, otherwise known as the Anti-graft and Corrupt Practices Act (or whatever private complainant is involved, you may include the amount malversed if it is the case or the specific act complained of).
xii. Information for Highway Robbery::
That on (date when crime was committed), the said accused did then and there willfully, and unlawfully (state how committed and the name of the private offended party) in the (place where committed) within the City of (place where committed) resulting to damage to the private offended party in the amount of (state amount).
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OTHER FORMS
Form 72: Substitution of Counsel THE UNDERSIGNED respectfully enters his appearance as counsel for defendant ________ in substitution of former counsel ______, as shown by her express conformity below. Henceforth, kindly address all pertinent notices to the undersigned at the address given below. RESPECTFULLY SUBMITTED. ________ City, Philippines, this _____ day of _______2011. Name _______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. __________________________ MCLE Compliance (or Exemption) No._____ With my conformity: _________________ Defendant
Form 73: Notice of Appeal The defendant, (or plaintiff as the case may be) by counsel, hereby gives notice that he is appealing from the judgment of this Honorable Court in the above-entitled case, dated ___________, a copy of which was received by him on ________________, to the Court of Appeals. ________ City, Philippines, this _____ day of _______2011. Name ______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. _________________________ MCLE Compliance (or Exemption) No._____ Copy furnished: _________________________________ Name and Address of adverse counsel PROOF OF SERVICE (affidavit of service by mail)
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Form 74: Comment/ Opposition to Offer
COMMENT ON THE PROSECUTIONS FORMAL OFFER OF EVIDENCE THE ACCUSED, by counsel, respectfully opposes the Prosecutions Offer of Evidence for the following reasons: Exhibit A, the sworn statement of A, the private complainant, and Exhibit A-1, his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination, thus, the document is hearsay and inadmissible. Exhibit B, the post-dated check dated ________, issued by the accused in the amount of __________________; Exhibit B-1, the dorsal side of the check with notation DAIF, Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was never presented; and no basis for the presentation of secondary evidence laid. ACCORDINGLY, the ACCUSED respectfully submits that the prosecutions Exhibits are INADMISSIBLE and must, thus, be EXCLUDED. ________ City, Philippines, this _____ day of _______2011. Name _______________________________ Appointment No. _____________________ Roll of Attorney No. ___________________ PTR No.____, ____ (date and place of issue) IBP No. ____, ____ (date of issue) (chapter) Office Address________________________ Email Address ________________________ Contact No. __________________________ MCLE Compliance (or Exemption) No._____ Copy furnished: ________________ Public Prosecutor _________________ Private Prosecutor
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A. ELECTION FORMS Form 75: Certificate of Candidacy CERTIFICATE OF CANDIDACY OF ___________________ To: The Commission on Elections Manila Sir: Pursuant to the requirements of the Election Code, the undersigned hereby files his certificate of candidacy for the general elections on _______________, and states the following: 1. That his full name is ______________, also generally known with the nickname of ________; 2. That he announces his candidacy for the office of ________; 3. That he is eligible for the said office, he being a natural-born citizen of the Philippines, ____years of age, having been born in _________ on _______, a qualified voter, and a resident of the Province of __________ and of the city/municipality of ________ for the last ____years; 4. That his residence is ______, and that his post-office address for all election purposes is that his profession or occupation is _______________, his civil status is _______ and that the full name of his spouse is ________; 5. That the name of the political party to which he belongs is ________; 6. That for the last two years of _____ and _____ his gross incomes, including deductions and exemptions therefrom, income tax payment, were as follows: (income) ______________________ Signature of Candidate REPUBLIC OF THE PHILIPPINES) PROVINCE OF ______________ ) CITY/MUNICIPALITY OF ______ ) S.S. I, _________________, being sworn to in accordance with law, hereby declare that I will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto; that I will obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that the obligation imposed by my oath is assumed voluntarily by me, without mental reservation or purpose of evasion; and that the facts stated in this certificate of candidacy are true to the best of my knowledge. ______________________ Signature of Candidate JURAT
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IV. LEGAL OPINION

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BACKGROUND FACTS THAT ADEQUATELY INTRODUCE THE ISSUES IN THE CASE

THE POSITION YOU TAKE ON THOSE ISSUES

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ARGUMENTS IN YOUR FAVOR

Third paragraph, Trust Receipt, Annex B. Id., fifth paragraph.

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339 SCRA 609 (2000) At pp. 623. 5 Supra, at pp. 623-624.

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CONCLUSION AND RECOMMENDATION

Source: Abad, Roberto. The Fundamentals of Legal Writing. 2009.

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Source: The Lawyers Review, 2010

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SCA No. CV 0341

SUMMARY OF THE NATURE OF THE ACTION AND THE COURT PROCEEDING

A SUMMARY OF THE FACTS OF THE CASE

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STATEMENT OF RELEVANT ISSUES PARTIES PRESENT FOR RESOLUTION

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Source: Abad, Roberto. The Fundamentals of Legal Writing. 2009.

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Judicial Ethics New Code of Judicial Conduct

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Judicial Ethics New Code of Judicial Conduct

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UST Golden Notes 2011

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UST Golden Notes 2011

Judicial Ethics New Code of Judicial Conduct

UST Golden Notes 2011

Judicial Ethics New Code of Judicial Conduct

UST Golden Notes 2011

Judicial Ethics New Code of Judicial Conduct

UST Golden Notes 2011

Judicial Ethics New Code of Judicial Conduct

UST Golden Notes 2011

Judicial Ethics New Code of Judicial Conduct

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Civil Case No. For: ________

Received By. Date: ______

Registry Receipt No.___ Date: _ Post Office: ______

Signed in the Presence of: _ _ Acknowledgment