THESE NOTES ARE MEANT TO BE SHARED, ‘SHARING THEM IS A GOOD KARMA WAITING TO HAPPENS OCTORER 2017 EDITION CommILID ty Prof. Erickson H. Balmes* ALL THINGS, IN FAITH, ‘Ursdersecetary, Department of Justice, Prlioning Gece Untventty of tating, Far Easter University, Polytechnic Urivelty of the Pilipiney, Philippine Christian Univereley, Univernidad de Mania, Sr, eer ee ark bis former students, ATTY. MARDANE DE CASTRO, ATTY. JANICE COLOMA, ANGEL CANE BERNADETTE GUEVARRA, ATTY. [P ROXAS, JOVEN JALOS, SARC AOcRONE (eter aaa WE IE HABANA, ADOL SABANAL, VANESSA CARHO AND ANNA MARIEILA Manure for ther valuathe contribution in researching this compilation through the years cone, care fit Reviewer i Legal Ethics and Commerdal Law, Juris Bar Review Carver, Coumepelitan Review Bee, GruS ber Review Cover, Luminous Bar Resiew, Dagupan, Powerhaus Revlew Canter, Chev habe: meoven Review, PCU Bar Review Albano Review Center, 1 WEGAL BTRICS FROM « To = 2017 maitionTHESE NOTES ARE MEANT TO BE SHARED, ‘SHARING THEM IS A GOOD KARMA WAITING TO HAPPENO ARE POSSIBLE WITH GOD DEAR 2017 BAR CANDIDATE, WE WISH YOU THE BEST OF EVERYTHING AS YOU EMBARK ON THE JOURNEY TO FULFILL YOUR LIFELONG DREAMS Of BECOMING A LAWyeER. MAY THIS COMPILATION HELP YOU IN YOUR PREPARATIONS. TOGETHER, LET US WORK FOR A BETTER Dov! FOR GOD FoR COUNTRY AND FOR JUSTICE! CONGRATULATIONS IN ADVANCE! GOD BLESS! ToDOJ nal To DOJ nal ~ JUSTICE SECRETARY VITALIANO “VIT" AGUIRRE I! AQuo : reference to the previous court or tribunal from where a case or matter originated, mus, the term court a quo in appealed cases refers toa lower caurt heen soe under review. MEGAX: BEEICS FROM X TO xz 2017 matetomtatong-DOJnong 201; Ono BO) and WE LOVE IT: ZHESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN® Advance Sheet (Promulgated decision of the court which is made avaliable ina temporary form prior to printing or publication. Advocate A Person who champions the cause of another in a court of law, It usually refers to a egal counselor or attorney-at-law, Affidavit i An €X parte statement in writing made under oath before a notary public or other oMicer authorized to administer oaths, about facts which the affiace either knows of his own Personal knowledge or is aware of to the best of his knowledge, Amicus Curae A “Iriend of the court” whose legal learning or expertise is judicially sought to advise on matters of which a judge may be doubtful or in need of special assistanne Bangalore Draft The draft. agreed to by world jurists in a judicial conference held in Bangalore, India, and adopted as the model by the Supreme Court of the Philippines in promulgating the New Code of Judicial Conduct for the Philippine Judiciary and the Code of Conduct for Sourt Personnel, both of which took effecton June 1, 200% AM he 93-05-01-5C Apri 27, 2004, Case at Bar ‘The case being tried by the trial court in the exercise of its jurisdiction, i.e, the case that 'Scurrently the subject of a particular trial or judicial proceeding, Case at Bench The case being heard before an appellate court, 3 GSD ETHICS FRom «To z #0217 mateton Deol rien Hettaes10 ong-DOJnong 20 Oxo DO} and WE LOVE 7 THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN@ Champertous Contract An agreement that is deemed void being against Public policy and professional legal ethics whereby a lawyer agrees to prosecute at his own expense the recovery ofa thing soanssronding to a percentage of the value of the thing or property thus recovered or Thoce the suit {tis akin to instigating a claimant to file suit wich che lawyer advancing the costs of suit in return for a substantial fee if successful judgment reurisdiction on either the same or different cause of action, while the iidgment remains unreversed by proper authority. Cayana va CA, 426 SCRA 10; Oropesa Marketing Corporation vs. Allied Bank, 393 SCRA 2? Consent Judgment A compromise agreement between the parties to end further litigation by having a Court of competent jurisdiction approve the compromise as having the same force and effect as a Judgment by the court. Thus, once approved, i hac ta force of res judicata with respect to the contentious issues in the case Such. judgment, as a rule, is pamediately executory. Del Rosario vs. Madayag and Leviste ate SCRA 767; Centrat Bonk vs. CA, 61 SCRA 348; Pasay City vs. Manila, 132 SCRA 186 Contempt of CourtwDOJ, roDOJ rorens ntong-DOJnong 2 One BO} ane WE LOVE I THESE NOTES ARE MEANT TO BE SHARED, ‘SHARING THEM IS A GOOD KARMA WAITING TO HAPPENO bring the authority of the court and the administration of law into disrepute or in some TH SCRA Tn hece the administration of justice. Halili vs, Court of Industrial Relations, 136 SCRA 112. Contingent Fee Agreement Ano recovery, no fee agreement between a lawyer and a client, Le, ifthe amount wins his case, he acquires a right to whatever amount Is stipulated between him and his client, Counsel de Oficio - A lawyer appointed by the court to render ire legal assistance to an indigent litigant Who cannot afford to pay for legal representation. It is in pursuance of the marcduce under Sec-11 Article III of the Constitution which states: “Free access to the courte and Auasl judicial bodies ond adequate legal assistance shall not be denied to any person by reason of poverty." Custodia Legis A Latin phrase which means “in the custody of law” that is, in the lawful and physical Possession of « court of public officer obedience to a judicial or administrative order, De Minimis A Latin adjective for describing something that is too insignificant or trifling for the courts to bother with, Disbarment ‘The act of the Court in withdrawing from an attorney the right to practice law. Hurried justice Such promptness as is not sobered with prudence and wisdom in the final disposition of cases frequently resulting in speedy injustice, Judge's Family. ° EGAL BERICS FROM A TO Z 2017 wattionIESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO. HAPPENS Mader the New Code of Judicial Conduct, a judge's family includes his spouse and Giuldren, as well as children-indaw, and any other rele by consanguinity or afPanity\within the sixth clvil degree, or person who ie companicn or employee of the judge and who lives in the judge’s household, Judgment charged, and the imposition ofthe proper penalty and crit liability provided for by law on the accused. It is usually the dispositive portion of the decision, but may be used interchangeably with the term decision itself. Sec 1, Rule 120 s Fongress as ex officio members, a representative of che Integrated Bar of the Philippines, a professor of law, a retired Justice of the Supreme Court, and a Tepreseatative of the private sector. Sec. 8 Article VII ofthe 190? Consututwre Judicial Power srecisbowerful legal authority of the judiciary, as a co-equal end independent branch ‘of government, derived from Sec.1, Article VIII of the 1987 Constitution which states: (iugical power shall be vested in one Supreme Court and in sch fone courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and government.” Judiciat ReviewDOF 1oDO] roeng ne WE LOVE r THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO. HAPPEN® Legislative branches of the government, as well as adminisectic, agencies exercising dacresnen( i authority on questions of faw and jurisdiction. ne well eet exercise of discretion. Jurat The bottom line in a legal document, usually an Affidavit, which bears the novary public's signature and seal attesting to the fact that the person coher had the document Prepared swore to and signed it in the presence of the notary publi . Juris Consult Mnaiver who is recognized as an expert in a specialized branch of the law, eg, international law, constitutional law, Shari'a or Islamic bane juris consult Is an existing position in the judiciary under Shari'a law in our country. Law Student Practice Rule Rule 138-A allows a law student who has completed the third year of the law course mmapbeat without compensation in any civil, criminal or adminiccacive case before any ‘rial court tribunal, board of officers under the following conditinn, 1; He's enrolled in a recognized law schools clinical law education Program approved by the SC; 2. He appears under the direct suTHESE NOTES ARE MEANT TO BE SHARED, ‘SHARING THEM IS A GOOD KARMA WAITING TO HAPPEND Liberty and Prosperity Doctrine Giludicial philosophy espoused by Chief justice Artemio V. Panganiban which advances the view that *in cases involving liberty, the scales of jussien should weigh heavily against the government, and in favor of the poor, the oppressed, the marginalized, the dispossessed, and the weak; but in conficts primarily convened an economic policies, Presidency are cacterential to the political branches of government, namely, the recaney and Congress; hence, as a rule, courts will not oase upon the merits or pisdom of economic policies, for these matters have been hat by the people to the Rresident and Congress to evaluate and decide.” Bayan Mima se Ermita, GR No. 169838, April 2S, 2006; ta Bugal-B'Laan Tribal Assoctation, In vs. Ramos Ake tong L Litigation A lawsuit, that is, a legal proceeding to seek redress in a court of law. Litis Pendentia parties who pray for relief founded on the same set of facts Suntay vs. Aguiluz, 209 SCRA 500; IPC us, Ebarle, 163 SCRA 60; Andersons Group, Inc. vs CA, 266 SCR toy Malpractice The failure of a lawyer to exercise on behalf of his client, the knowledge, skill and ability Cr ansrily possessed by members of the Bar whereby an actual Inae ie ‘caused the client (7 Am Jur 2d Attys,, sec. 167, et seq) Motion Every application for an order not included in a judgment is a motion, Moot and Academic ° -SGAL STAICS FRom «ro = 2027 waittonwD OJu: ToDO] roone: ¢-DOJnong 2 Ome DO} and WE LOTE THESE NOTES ARE MEANT TO BE SHARED, ‘SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN® im Judicial parlance, an issue is said to have become moot and academic when it ceases to Present a justiciable controversy so that a declaration on the lees would be of no Practical use or value, Banco Filipino vs. Twazon, 425 SCRA 129, Notary Public A public officer whose duty is to attest to the genuineness of any deed or writing in onder to render them available as evidence of the facts thercie stated, and who is authorized by statue to administer various oaths, Notatu Dignum A Latin term which refers to the presumption of regularity in the performance of a ludge's functions, hence, bias, prejudice and even undue intereet, cannot be presumed, separa When weighed against ajudge's sacred obligation under his oarh of office to administer justice without respect to any person and Go equal right to the poor and the rich. Mamerto Maniquiz Foundation vs, Pizarro, 448 SCRA 140, Pairing Judge A judge who is designated to cover for another judge in the latter's court or sala in the Searcy One or the other's absence due to resignation, dismissal, retirement, death, acting Ivana iyerolonged absence. He takes cognizance of all cases in the paired suc Jagrg ludee therein until the return of the regular incumbent judge or assumption of duty of a new judge, Pleadings Written allegations of the parties’ claims and defenses submitted to Court for trial and Judgment. Practice of Law ‘any activity, in oF out of court, which requires the application of law. legal procedure, Knowledge, training and experience. Teaching Law courses te classified as such. Cayetano vs. Monsod,202 SCRA 210,oD OF na 10D OJ ruroxe: ons-D OJnong 20: one DO} and WE LOVE 71 THESE NOTES ARE MEANT TO BE SHARED, ‘SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN@ Pro Bono A Latin term which means “for the public good.” It usually refers to a lawyer's services which are extended for free, usually fora good cause or for an indigent litigant. Pro Se A Latin term which denotes “on his own behalf” Itis usually used in connection with the “epresentation of one’s selfin a court of law without the assistance of an attorney. Quantum Meruit tally it means “As much as he deserves" In determining attorney's fees, it means that the attorney will be paid for his services as much as he should deserve, es, the death chee nturely terminated by the act of elther of the parties, or by reason of death, disability or operation of law, considering the importance of the subject matter of the controversy, the extent of the services rendered and the professional standing of the lawyer. Retainer Retainer is the act of a client by which he employs an attorney to manage for him a cause to which he is a party or otherwise to advise him as counsel Roll of Attorneys Paeester of all lawyers “admitted to the bar," ie, licensed to practice law, in the Philippines which is being maintained in the bar confidant of the Supreme Come: Ruling A Judicial or administrative interpretation or resolution of an Issue is a case arising out ofa statute, order, regulation or ordinance, or other transaction which i embodied in the dispositive portion of a decision or judgment of the court, Subjudice 10THESE NOTES ARE MEANT To BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN@ Suspension Itis the act of the Court in prohibiting an attorney from practicing the law for a certain definite period. Verification patablish the truthfulness of the facts which he bas pleaded based on his own personal knowledge. etna at seen SE saa See Sas Anacee, as FOR WHEN WE ARE AT OUR WEAKEST, OUR HEAVENLY FATHER IS AT HIS. STRONGEST! Inshe aLbart To Lani and to Euto ‘Tor the Abundant Love that Fueled this comptation through the years. AN INVITATION: The Dos - Office of the Secretary uTHESE NOTES ARE MEANT To BE. SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPENG Volunteer Paralegal Immersion, Program for 2017 Bar Candidates, Send us your letter detailing why you deserve to be selected as a DOJ Volunteer Paralegal and Resume to ehbalmes@doj.gov.ph Address your letter to Secretary Vitaliano N. Aguirre 11 c/o Undersecretary Erickson H. Balmes Program Director Deadline for Submission is on December 2, 2017, 6 p.m. Notification of Acceptance will be by E-mail on or before December 15, 2017 Start of Immersion: January 3, 2018 OcTORER 27, 2017 RATANGAS CITY AND CITY OF MANILA