Legal Profession: Room 307 (Sat. 6:30pm 7:30pm) Midterm: Aug.

17,
2016
Fernandez, Mcvin
Kong, Kevin Kromwel
Jonson, Christine
Legal, Lester Louie
I. Essay/Research Work:
1. Prepare a Petition to take the Bar
Republic of the Philippines
SUPREME COURT
Manila
In the Matter of the PETITION TO TAKE
THE 2020 BAR EXAMINATIONS,
B.E. No. ___________________-N
O.R. No. _____________________
Amt. Pd.: P___________________
___________________________________
Surname Given Name Middle Name
Petitioner.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
PETITION
COMES NOW the undersigned petitioner and to this Honorable Court
respectfully states:
1. He/She is __________(civil status), Filipino citizen, ____ years of age,
having been
born

on

____________________________

at

____________________________

to

spouses
_________________________________

and

____________________________________,

who
are citizens of the Philippines, and attaches for this purpose the original or
certified true copy of
the petitioners birth certificate, marked as Annex _____;
[Notes:(1)

If

born

outside

of

wedlock,

state

so:

_________________________;(2) if not a natural-born

Filipino citizen, state how and when citizenship was acquired and attach
pertinent documents:
__________________________________________; (3) if a married female, attach
original or certified true copy
of marriage contract.]
2. He/She is a person of good moral character, and attaches for this
purpose three (3)
testimonials, each executed by a member of the Philippine Bar, marked as
Annexes __________;
3. He/She has not been charged with any act or omission punishable
by law, rule or
regulation before a prosecutor, judge, public officer or administrative body of
any crime or

Legal Profession: Room 307 (Sat. 6:30pm 7:30pm) Midterm: Aug. 17,
2016
Fernandez, Mcvin
Kong, Kevin Kromwel
Jonson, Christine
Legal, Lester Louie

offense involving moral turpitude; nor has he/she any pending case or
charge;
[Note:

Indicate

any

pending

or

dismissed

civil,

criminal

or

administrative case against you and attach

pertinent documents: ________________________]
4. He/She finished his/her high school education in 19___ at the
___________________________________________(school); and completed his/her
pre-law course at the
____________________________

(school)

for

______

calendar

years

with

bachelors degree in
__________________________(course), major in ________________________ , and
submits for
this purpose the original transcript of records, marked as Annex _______, and
the Special Order
issued by the Commission on Higher Education(CHED), when applicable,
marked as Annex
_____;
5.

He/She

regularly

studied

law

for

______

calendar

years

(semestral/trimestral) and
satisfactorily completed all the requirements for the prescribed law course at
__________________________, a law school officially approved and recognized by
CHED,
when applicable, and attaches for this purpose the original copy of his/her
transcript of law
school records (bearing the corresponding certification of the Law Dean or
School Registrar concerned and duly
authenticated with the schools official seal), marked as Annex ____; and the
original copy of the
certification (C-2) of CHED, marked as Annex _____;
6. He/She has no derogatory record in law school where he/she
graduated; and
attached for this purpose the original copy of the Certification of No
Derogatory Record
executed by the Law Dean, marked as Annex ________;(Requirement in B.M.
1161)
7. This is the first time that he/she is taking the Bar Examinations;
8. He/She attaches herewith three (3) copies of his/her latest unretouched
photograph (1x1), marked as Annexes ___________; and
9. He/She is related by consanguinity or affinity within the fourth civil
degree to a
member of the Supreme Court or official of the Office of the Bar Confidant.

Legal Profession: Room 307 (Sat. 6:30pm 7:30pm) Midterm: Aug. 17,
2016
Fernandez, Mcvin
Kong, Kevin Kromwel
Jonson, Christine
Legal, Lester Louie

[Note; If related to any of the Justices or officials mentioned above,

state name of said Justice or official

and his/her relationship:____________________________.]
WHEREFORE, petitioner respectfully prays that he/she be allowed to
take the 20___ Bar
Examinations.
___________________________, Philippines, ___________________, 20 ____.
___________________________________
Signature over Printed Name
___________________________________
Address & Tel. No. while Preparing for
and taking the Bar Examinations
___________________________________
Permanent Address

VERIFICATION
Republic of the Philippines]
] S.S.
I, _____________________________________, after being sworn in accordance with
law, depose and state; that I am the Petitioner in the foregoing petition; that I
prepared the
petition; that the allegations contained therein are true of my own
knowledge.
_________________________________________
Affiant
3
SUBSCRIBED AND SWORN to before me this ________ day of ____________,
20___
at _________________________, affiant having exhibited his/her Community Tax
Certificate
No. _______________________ issued at ______________________ on
_________________.
Notary Public
Doc. No._____________
Page No. ____________
Book No. ____________
Series of _____________

Legal Profession: Room 307 (Sat. 6:30pm 7:30pm) Midterm: Aug. 17,
2016
Fernandez, Mcvin
Kong, Kevin Kromwel
Jonson, Christine
Legal, Lester Louie
2. Identify at least 6 fields of law, and enumerate essential
competencies, aptitudes, skills or qualities a lawyer should possess
to succeed in each field.
Bankruptcy Lawyers:

The qualities of a good bankruptcy lawyer are understanding,

experience, knowledge of the process and compassion.

Specialization in practicing bankruptcy law
Proper communication skills

Criminal Lawyers:

Has integrity
Research skills
Negotiating skills
Courtroom demeanor
Perseverance
Analytical skills
Knowledge
Communication

Entertainment Lawyers:

Speaking - Talking to others to convey information effectively.

Active Listening
Reading Comprehension

Critical thinking
Writing Skills
Complex Problem Solving
Judgment and Decision-making
Persuasion
Social Perceptiveness
Time Management

Environmental Lawyers:

Logical thinking ability

Public speaking skills
Interpersonal skills
Creativity

Family Lawyers:

Knowledge of the law

Team player
Passionate
Honesty
Experience
Rapport
Availability
Affordability

Immigration Lawyers:

Proper credentials

Legal Profession: Room 307 (Sat. 6:30pm 7:30pm) Midterm: Aug. 17,
2016
Fernandez, Mcvin
Kong, Kevin Kromwel
Jonson, Christine
Legal, Lester Louie

Strong references and testimonials

Proven track record
Professionalism

3. Determine whether the following public official can practice law

concurrent with their public posts. Supply the legal basis (legal
provision) for each of your answer.
Public Officials who cannot Practice Law in the Philippines
The following public officials are prohibited to engage in the private practice
of law:
a. President, Vice President, Members of the Cabinet, their deputies and
assistants (Article VIII, Section13, 1987 Constitution);
b. Members of Constitutional Commissions ( Article IX-A, Section 2, 1987
Constitution);
i.

Ombudsman and his deputies (Article IX, Section 8 2 nd paragraph, 1987

Constitution);

i.

Judges and other officials or employees of the superior court (Rule 138,
Section 35, RRC);
e. All governors, city and municipal mayors (R.A. No. 7160, Section 90);
f. Officials and employees of the Office of the Solicitor General (Ibid);
g. Government prosecutors (People vs. Villanueva, 14 SCRA 109; Aquino vs
Blanco, 79 Phil. 647);
h. Those who by special law are prohibited from engaging in the practice of
their legal profession.
Public Officials with Restrictions in the Practice of Law
Some public officials are not absolutely disqualified to practice law. They are
merely subject to certain restrictions:
a) Under the Constitution, no Senator or Member of the House of
Representatives may personally appear as counsel before any court of justice
or before the Electoral Tribunals, or quasi-judicial and other administrative
bodies ( Article VI, Section 14, 1987 Constitution). Since the practice of law
covers a wide range of legal activities (Cayetano vs. Monsod, 201 SCRA 210),
the Senator or Congressman is allowed to engage in the other aspects of the
law practice such as the giving of legal advice to clients, negotiating

Legal Profession: Room 307 (Sat. 6:30pm 7:30pm) Midterm: Aug. 17,
2016
Fernandez, Mcvin
Kong, Kevin Kromwel
Jonson, Christine
Legal, Lester Louie

contracts in behalf of clients which necessitates legal knowledge, preparation

of documents of conveyancing and similar others.
b) Under the Local Government Code (R.A. No. 7160, Section 90), Sanggunian
members may practice their professions, provided that if they are members
of the Bar, they shall not:

Appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the

government is the adverse party;

Appear as counsel in any criminal case wherein an officer or employee
of the national or local government is accused of an offense committed

in a relation to his office;

Collect any fee for their appearance in administrative proceedings

involving the local government unit of which he is an official; and

Use property and personnel of the Government except when the
sanggunian member concerned is defending the interest of the
Government.

Under RA 910, Section 1, as amended, a retired justice or judge receiving

pension from the Government, cannot act as counsel in any civil case in
which the Government or any of its subdivisions or agencies is the adverse
party or in criminal case wherein an officer or employee of the Government is
accused of an offense in relation to his office.
4. Cite at least 3 instances (with legal bases) wherein non-lawyers
are allowed to appear before the court or other tribunals.
a. First Instance, is when a law student has finished his third year of from
the college of law and is enrolled in a recogized law school.
Legal Basis:
RULE 138-A Section 1. Conditions for student practice. A law student who
has successfully completed his 3rd year of the regular four-year prescribed
law curriculum and is enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court, may appear without
compensation in any civil, criminal or administrative case before any trial
court, tribunal, board or officer, to represent indigent clients accepted by the
legal clinic of the law school.
b. Second Instance, is when supervised by a member of the Integrated
Bar of the Philippines, a law student can make his appearance in court.
Legal Basis:
RULE 138-A Section 2. Appearance. The appearance of the law student
authorized by this rule, shall be under the direct supervision and control of a

Legal Profession: Room 307 (Sat. 6:30pm 7:30pm) Midterm: Aug. 17,
2016
Fernandez, Mcvin
Kong, Kevin Kromwel
Jonson, Christine
Legal, Lester Louie
member of the Integrated Bar of the Philippines duly accredited by the law

school. Any and all pleadings, motions, briefs, memoranda or other papers to
be filed, must be signed by the supervising attorney for and in behalf of the
legal clinic.
c. Third instance, is when a law student/non-lawyer appears in court, as
an agent or a friend of a party litigant.
Legal Basis:
Section 34 of Rule 138, the appearance of a non-lawyer, as an agent or friend
of a party litigant.
II. Movie Analysis: A Few Good Men (1992)
1. Identify 5 ethical issues in the film.
A. The responsibility of the commander to make sure his marines are
B.
C.
D.
E.

prepared for any sort of danger from the enemy.

The lawyers behavior in court.
The lawyers decision in taking risks.
Acting in accordance with the duty.
The duty of a marine to follow orders of a superior officer.

2. For each issue in No. 1, discuss whether the lawyer(s) should

have done things differently. If no, why not? If yes, how?
A. No, the lawyers did the right thing in seeking for the truth behind the
death of the marine soldier. The superior officer, the antagonist, should
have given the marine soldier an exception because he needs medical
assistance and that he cannot survive performing exhaustive duties on
the field. It is the duty of the commander to make sure that his marines
are prepared for any sort of danger from the enemy but its his
responsibility to look upon his troop and aid them the help they need
and deserve.
B. Yes, the lawyer should have done it differently by behaving
accordingly with a relaxed mind and a controlled tone of voice when
he/she is in court. Especially when addressing to the judge.
C. No, the lawyer made the right decision. When he felt like theres no
chance for them to win the case, he/they should not lose hope and
most importantly, he should stick to what he believe in. In this case,
he/they made the right choice of fighting for the right till the end.
D. No, they did the right thing of acting in accordance with the duty
E.

therefor they gave justice to the scenario.

No, the lawyers respected the marines tasks in following orders from
a superior thats why they did their best in defending the accused
marine soldiers.

Legal Profession: Room 307 (Sat. 6:30pm 7:30pm) Midterm: Aug. 17,
2016
Fernandez, Mcvin
Kong, Kevin Kromwel
Jonson, Christine
Legal, Lester Louie
3. Is the film a realistic portrayal of the legal profession?
Yes, the film is a realistic portrayal of the legal profession because it
shows how lawyers exercise their profession to a certain case. Being a
lawyer is not just about the profession but its also about standing up
to what they believe and what they think is right. Lawyers also make
huge sacrifices and they may also change other peoples fate with
their decisions. This film also portrays not just the legal profession of
the lawyers but the legal profession of the marines and those who
protects the government from harm and threat. The film gives
attention on how the marines follow orders from a superior officer and
on how theyre going to deal with it. They also have to choose between
right and wrong because its their duty to follow orders but it is in their
core value and morality to decide whether to do it or not. Overall, this
movie gives emphasis to all the legal professions tackled in the story
and gives us an overview of how professionals act in accordance with
their duties and responsibilities and by the act of being aware of the
limitations and jurisdictions in their different kinds of professions.