LEGAL PROFESSION MIDTERM REVIEWER

ONG vs GRIJALDO (April 30, 2003)

The respondent Atty. Joel M. Grijaldo of Bacolod City violated the following:
Code of Professional Responsibility Rule 18.03. A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. Rule 18.04. A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client's request for information. Rule 16.01. A lawyer shall account for all money or property collected or received for or from the client. Rule 16.02. A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Rule 16.03. A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court Rule 138, Section 25 of the Rules of Court Unlawful retention of client's funds; contempt. When an attorney unjustly retains in his hands money of his client after it has been demanded he may be punished for contempt as an officer of the court who has misbehaved in his official transactions; but proceedings under this section shall not be a bar to a criminal prosecution. Oath of office and duties as counsel- when he approached his client's opponent and offered to delay the case in exchange for money. As a lawyer, respondent should avoid any unethical or improper practices that impede, obstruct or prevent the speedy, efficient and impartial adjudication of cases. Disrespectof the judicial institution when he repeatedly ignored the directives of the Court to file his comment. His conduct indicates a high degree of irresponsibility. A resolution of the Court is not to be construed as a mere request, nor should it be complied with partially, inadequately or selectively.

HELD: DISBARMENT for dishonesty, grave misconduct, and grossly unethical behaviour. Odered to pay Geretti Ong Php80,000 cash within 10 days from Notice of Decision.
This Decision shall take effect immediately. Copies thereof shall be furnished the Office of the Bar Confidant, to be appended to respondent's personal record; the Integrated Bar of the Philippines; the Office of the President; the Department of Justice; the Court of Appeals; the Sandiganbayan; the Philippines Judges Association; and all courts of the land

YOUNG v BATUEGAS, et al (May 09, 2003)

Attys. Ceasar G. Batuegas, Miguelito Nazareno V. Llantino are found guilty of committing deliberate falsehood. Accordingly, they are SUSPENDED from the practice of law for a period of six (6) months with a warning that a repetition of the same or similar act will be dealt with more severely. Respondent lawyers fell short of the duties and responsibilities expected from them as members of the bar when, on an anticipation that their Motion for Bail will be denied by the court if it found that it had no jurisdiction over the person of the accused, they craftily concealed the truth by alleging that accused had voluntarily surrendered to a person in authority and was under detention. Obviously, such artifice was a deliberate ruse to mislead the court and thereby contribute to injustice. To knowingly allege an untrue statement of fact in the pleading is a contemptuous conduct that we strongly condemn. They violated their oath when they resorted to deception.

MALHABOUR v SARMIENTO (March 31, 2006)

Atty. Alberti R. Sarmiento was declared guilty of violation of Canon 1, Rule 1.01 of the Code of Professional Responsibility and is SUSPENDED from the practice of law for a period of one (1) year. Canon 1of the Code of Professional Responsibility provides: A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and legal processes. Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Complainant Malhabour did not agree with the modified decision of the Court of Appeals and instructed respondent to file a Petition for Certiorari with the Supreme Court. All the while and without his knowledge and consent, respondent filed a Motion for Execution with the NLRC who awarded complainant the amount of One Hundred Thousand Pesos (P100,000.00). Respondent admitted that he was able to encash the check awarded to complainant by virtue of a Special Power of Attorney which complainant denies having executed. And when respondent received the amount of money awarded to complainant by the NLRC, he took it upon himself to divide the money into 60-40 ratio because complainant owed him his attorneys fees; however, he failed to inform complainant beforehand of his plan, and only when complainant filed a criminal complaint against him that respondent paid complainant and on installment basis at that. Respondent in fact still has a balance of Ten Thousand Pesos (P10,000.00). Respondent claims that complainant exceeded and abused his goodness and kindness but it is the other way around.

REYES v CHIONG JR. (July 1, 2003)

Atty. Victoriano T. Chiong Jr is found guilty for violation of his lawyers oath and of Canon 8 of the Code of Professional Responsibility,and was SUSPENDED for two (2) years from the practice of law. Chiongs filing of the civil case had no justification- the Supreme Court concured with the IBP that the amendment of the Complaint and the failure to resort to the proper remedies strengthen Reyes allegation that the civil action was intended to gain leverage against the estafa case. If Chiong or his client did not agree with Prosecutor Salangas resolution, they should have used the proper procedural and administrative remedies. Chiong could have gone to the justice secretary and filed a Motion for Reconsideration or a Motion for Reinvestigation of Prosecutor Salangas decision to file an information for estafa. In the trial court, a Motion to Dismiss was available to him if he could show that the estafa case was filed without basis. Moreover, he could have instituted disbarment proceedings against Reyes and Prosecutor Salanga, if he believed that the two had conspired to act illegally. As a lawyer, respondent should have advised his client of the availability of these remedies. The lack of involvement of complainant and Prosecutor Salanga in the business transaction subject of the collection suit shows that there was no reason for their inclusion in that case. It appears that respondent took the estafa case as a personal affront and used the civil case as a tool to to harass. Lawyers should treat their opposing counsels and other lawyers with courtesy, dignity and civility. Since they deal constantly with each other, they must treat one another with trust and respect. Any undue ill feeling between clients should not influence counsels in their conduct and demeanor toward each other.

SOCIAL SECURITY COMMISSION v. ATTY. CORRAL (Oct. 14, 2004)

Atty. Napoleon Corrals notarial commission was INDEFINITELY SUSPENDED for violating Public Act No. 2103, Section 1(a) and the Code of Professional Responsibility, respondent. He is further DIRECTED to SHOW CAUSE within ten (10) days from receipt of copy of the Resolution why he should not be disbarred. By recklessly notarizing the complaints without ascertaining that Hermogenes Bareno, Domingo Panadero, and Catalino de la Cruz were indeed personally appearing before him to attest to the contents and truth of what were stated in the complaints he prepared, respondent undermined the confidence of the public on notarial documents. He breached Canon I of the Code of Professional Responsibility which requires lawyers to uphold the Constitution, obey the laws of the land and promote respect for the law and legal processes, and Rule 1.01 thereof, which proscribes lawyers from engaging in unlawful, dishonest, immoral or deceitful conduct. Serious doubts exist in his fitness to continue as a member of an esteemed and honourable profession.

LEGAL PROFESSION
OBJECTIVE To stress the moral responsibility of a lawyer in relation to his client, the court, the BAR and the community. To achieve Chief Justice Davides vision of a Legal Profession which is ETHICAL, RESPONSIBLE, EFFECTIVE and RESPONSIVE TO THE NEEDS OF PUBLIC SERVICE the following subject were added in the model law curriculum of 1990: 1. Legal Profession 2. Legal Counselling 3. Problem Areas in Legal Ethics Private Law Practice also involves public concerns 1. His pleadings and memoranda in court becomes part of public record 2. The documents he drafts as a notary public are public documents Passing the BAR percentage 20% - 30% Contribution of the SUPREME COURT in the REFORMS of the Legal Education 1. Revision of the rules of Court 2. Adoption of the Judicial Conduct and a Code of Conduct for Court Employees 3. Creation of a Judicial Academy for the mandatory continuing legal education of members of the judiciary 4. Adoption of code of Conduct for the public officials 5. Adoption of Code of Professional Reposnsibilities

HISTORY
1973 - UST, establichment of Faculties of Civil Law and Canon Laws 1911 Jan 12 College of Law UP Diliman was established (George Malcolm, American Jurist)

BAR EXMAS subjects 1. Civil Law 2. Labor and Social Legislation 3. Mercantile Law 4. Criminal Law 5. Political Law & Public International Law 6. Taxation Law 7. Remedial Law (Civil and Criminal Procedure and Evidence) 8. Legal Ethics and Practical Exercises * 1. Transfer administrative supervision of Law Schools from DEC to SC 2. Strengthening the technical and regulatory arm of DEC with close coop of IBP and Phil. Association of Law Schools 3. Entrusting the administrative supervision of law schools to a committee composed of representatives from SC, DEC, and law schools themselves.

RECOMMENDATION to improve the quality of legal education 1. Transfer of administrative supervision of law schools to committee composed of reps from SC, DepEd, IBP, Law Schools, and Public sector. 2. Revert to 2-year pre-law course 3. Revision of the curriculum as to make it more relevant and responsive to the needs of society to better equip the students with skills demanded by the profession 4. The BAR exams should not be abolished while a practical alternative has not been developed. FAILURES OF LAWYERS 1. Evasion of the sworn duty to defend the poor and defenceless on flimsy excuses 2. Resort to technicalities and delay 3. Groundless suits and appeals 4. Abandonment of clients w/o courtesy of notice to them or to the court. EDUCATIONAL OBJECTIVES of the IBP 1. Encourage and foster legal education 2. Device and maintain a program of continuing education for practising lawyers in order to elevate the standards of the profession 3. Conduct campaigns to educate the people on their legal rights and obligations 3 LEVELS OF LEGAL EDUCATION 1. Legal education of the people from grade school to college, thru in-school or out-ofschool lectures, seminars, symposia legal rights and obligations, preventive legal advice true function of a lawyer Legal education enrich the minds of students of Arts & Sciences in 3-Ways: 1. It can have a value for their general education 2. It can have a scholarly value for them 3. It can have a moral and intellectual value by helping students develop a sense of justice and a capacity for responsible judgement 2. Legal education as professional training legal education proper clinical legal education Affords law students with opportunity to participate in legal work through interview of clients, counselling, investigation, limited appearances in courts It acquaints them with real problems It gives them the opportunity to extend legal assistance to poor litigants 3. Continuing legal education non-degree programs

BAR Examination Coverage

The examination covers the following topics, popularly known as the bar subjects:[12]

Political and Public International Law

Property Registration Decree (excluding the Public Land Law)

Constitutional Law Political Law Administrative Law (only the basic doctrines, excluding implementing rules and regulations of government agencies)

Conflict of Laws (Private International Law)

Taxation

General principles of Taxation Republic Act No. 1125, creating the Court of Tax Appeals

Law on Public Officers Public Corporations Suffrage Public International Law

National Internal Revenue Code (including the Expanded Value Added Tax or EVAT)

Labor and Social Legislation Labor Law (Labor Code of the Philippines, excluding the implementing rules and regulations)

Tariff and Customs Code (excluding Arrastre and Classification of Commodities)

Mercantile Law

Social Legislation

Negotiable Instruments Law and Other Allied Laws

Social Security Law Revised Government Service Insurance Act of 1977 (including Employees Compensation Act of 1977)

Negotiable Instruments Law (with the Uniform Currency Act)

Merchants and Commercial Transactions (including Articles 1 to 63 of the Code of Commerce, Retail Trade Law, Bulk Sales Law)

Comprehensive Agrarian Reform Law

Civil Law

Letters of Credit under the Code of Commerce

Civil Code of the Philippines (excluding the Code of Muslim Personal Laws, Water Code, Rental Law, Law on Sale of Subdivision of Lots and Condominiums)

Insurance Code Transportation Laws

Common Carriers (Articles 1732 to 1766 of the New Civil Code)

Family Code of the Philippines (including the Child and Youth Welfare Code)

Commercial Contracts for Transportation Over Land (Articles 349 to 379 of the Code of Commerce)

Maritime Commerce Public Service Act

Anti-Graft and Corrupt Practices Act Anti-Fencing Law Bouncing Checks Law Dangerous Drugs Act of 1972 Heinous Crimes Law (excluding penalties)

Corporation Law

Corporation Code Securities Act Banking Laws

Laws on Secrecy of Bank Deposits

Remedial Law

Revised Rules of Court 1991 Revised Rule on Summary Procedure

Deposit Insurance Corporation Trust Receipts Law (excluding the General Banking Act)

Local Government Code on Conciliation Procedures (Chapter VII)

Other Special Laws

Chattel Mortgage Law Warehouse Receipts Law Laws on Intellectual Creations

Judiciary Reorganization Act of 1980 (excluding purely administrative provisions, Military Justice Law, Judiciary Act of 1948, and the Law Reorganizing the Court of Agrarian Relations)

Copyright Law Patent Law Trademark Law

Insolvency Law Truth in Lending Act

Legal Ethics and Practical Exercises

Legal Ethics Judicial Ethics Code of Professional Responsibility Grievance Procedures (Rules 139-B, Revised Rules of Court)

Criminal Law Revised Penal Code (Books I & II excluding penalties for specific felonies)

Indeterminate Sentence Law Probation Law

Forms