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LEGAL PROFESSION GENERAL MEMORY AID

By: Earl, done with love

Case/Bar Matter/Circular What About Key Provisions/Laws Key Words/Doctrines to Remember


1. Cayetano vs Monsod Practice Law in the Consti, Section 1 (1)  “Practice of law” as contemplated by the Constitution encompasses any activity, in or out of
eyes of the Constitution Article IX-D of court, which requires the application of law, legal procedure, knowledge, training, or experience
2. Bar Matter No. 702 Shari’a Lawyers x Sec 232 of the Notarial  Is a Shari’a Lawyer qualified to be appointed as a Public Notary?
Practice of Law Law NO. A Shari’a lawyer does not possess the basic requisite of “practice of law” in order to be
appointed as a notary public.
RTC Judges > Shari’a  A Shari’a Bar passer is only allowed to practice in Shari’a courts not in regular courts even if
Judges they have an Ll.B. degree --- because the Shari’a bar has different bar subjects
 Passing the Shari’a Bar merely grants a special membership to the Philippine Bar. Ergo, a
Shari’a Bar passes =/= Shari’a lawyer is neither a regular member nor a full-pledge member of the Philippine Bar.
Philippine Bar Passer
 Can a Shari’a Judge appoint the same?
NO. Under the rule that a Shari’a Court does not form part of the integrated judicial system of the
Philippines - only RTC Judges may appoint Notary Public Lawyers and Shari’a Judges cannot. A
Shari’a District Court is not equal to an RTC. A Shari’a court is not a regular court within the
meaning of Section 232 of Notarial Law:
o RTC – general jurisdiction
o Shari’a District Court – limited jurisdiction
3. Bar Matter No. 850 Mandatory Continuing Rules 11 to 14 of Bar  MANDATORY CONTINUING LEGAL EDUCATION (MCLE) - Continuing legal
Legal Education, a Matter 850 education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that
requirement in the throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the
practice of law profession and enhance the standards of the practice of law.
 Each member shall have Compliance Card and shall maintain sufficient record of compliance or
exemption
 There is an education requirement within a compliance period, failure to do so – you will be
listed as a delinquent member of the Integrated Bar of the Philippines
 Failure to comply would subject you to be listed as delinquent member of the IBP
4. Re: Application For Admission To The Requirements **** see main file, this case is not a highlight
Philippine Bar, Vicente D. Ching, for applicants for
Applicant admission to the bar
5. In Re Argosino: Bar Matter No. Requirements **** see main file, this case is not a highlight
712 for applicants for
admission to the bar
[GOOD MORAL
CHARACTER]
6. Re: Petition of Al Argosino to take the Requirements **** see main file, this case is not a highlight
Lawyer’s Oath, Bar Matter No. for applicants for
72 admission to the bar
[GOOD MORAL
CHARACTER]
7. In Re: Lanuevo, Aug 29 1975 Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
8. IN RE CUNANAN SC exclusive Consti, Art XIII,  Unconstitutionality
jurisdiction re: Section 5 (5)  The admission to the practice of law is an exclusive power of the Supreme Court
admission to the  Intrusion of the Congress in the jurisdiction of an co-equal branch through rule making or
practice of law legislation
9. Guiang v. Antonio, 218 SCRA 381 Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
10. Legarda v. Court of Appeals (1991) Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar

11. Legarda v. Court of Appeals (1992) Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
12. SMC v. Laguesma Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
13. People v. Salido Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
14. Tupas v. CA Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
15. Alabanzas vs. IAC Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
16. Aguila v. CFI Batangas Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
17. Pulido v. CA Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
18. Ayilon v. Sevilla Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
19. Tesoro v. CA Requirements **** see main file, this case is not a highlight
for applicants for
admission to the bar
20. Salonga v. CA Negligence of counsel  Does the negligence of counsel bind the client? Are there exceptions?
as ground for YES. Negligence of counsel binds the client, because any act of the counsel within the scope of
cancellation of his general or implied authority is an act of the client. EXCEPT: when there is reckless or gross
judgement negligence of counsel which deprives the client of due process of law
 What is required for a trial court to acquire jurisdiction in INDIRECT contempt
Due process proceedings?
A mere motion will suffice.
 Two ground to annul a final and executor judgment of the court:
(a) The judgement is void for want of jurisdiction or lack of due process of law
(b) That is has been obtained through fraud
 Fraud must be extrinsic or collateral
o Extrinsic fraud – done outside the trial of the case
o Intrinsic fraud – done in the trial which prevented a just and fair ruling
 What is the essence of due process?
The essence of due process is to be found in the reasonable opportunity to be heard and submit
any evidence one may have in support of one's defense. 'To be heard' does not mean only verbal
arguments in court; one may be heard also through pleadings.
 When is there DEPRIVATION OF DUE PROCESS?
The deprivation of due to due process happens when the opportunity to be heard, either through
oral arguments or pleadings were NOT accorded. There is no deprivation of due process when a
party was given the chance to be heard in his case or motion for reconsideration.
21. In Re Testate Estate of Doña Gabina Quantum Merit Citing Section 22, Rule  What should be the basis of appellee's fees: the contract or quantum meruit?
Raquel, Vicente J. Francisco v.Aurea 127 of the Rules of General rule: where the employment of an attorney is under an express valid contract fixing the
Matias Percentage Fees Court compensation for the attorney, such contract is conclusive as the amount of compensation.

Exemption: In the circumstances in this case, we are constrained to hold that the trial judge did not
err in determining the attorney's fees on the basis of quantum meruit in disregard of the written
contract.

 Guidelines to be observed in determining the compensation of an attorney: (a) the amount


and character of the services rendered; (b) the labor, time and trouble involved; (c) the nature and
importance of the litigation or business in which the services were rendered; (d) the responsibility
imposed; (e) the amount of money or the value of the property affected by the controversy, or
involved in the employment; (f) the skill and experience called for in the performance of the
services; (g) the professional character and standing of the attorney; (h) the results secured; (i)
and whether or not the fee is absolute or contingent, it being a recognized rule that an attorney
may properly charge a much larger fee when it is to be contingent than when it is not.

 Percentage of fees: Citing Section 22, Rule 127 of the Rules of Court which says that "an
attorney shall be entitled to have and recover from his client no more than a reasonable
compensation for his services".
22. Armovit v. Court of Appeals Unlawful retention of Canon of Professional  “A lawyer shall charge only fair and reasonable fees.” The kind of payment referred to the
funds and charging Responsibility, Canon Ruling of the Supreme Court in this case is contingent fee. A contingent fee that is conditioned
liens 20 to the securing of a favorable judgment and recovery of money or property and the amount of
which may be on a percentage basis.
 Lien - any official claim or charge against property or funds for payment of a debt or an
amount owed for services rendered. A lien is usually a formal document signed by the
party to whom money is owed and sometimes by the debtor who agrees to the amount
due.
23. Gonzales v. Chavez Authority to appear **** see main file, this case is not a highlight
for government
24. Teodoro Regala, et al. v. Duties of Attorneys, Rule 138 of the Rules  It is the duty of an attorney: (e) to maintain inviolate the confidence, and at every peril to
Sandiganbayan Suspension and Removal of Court states: Sec. 20 himself, to preserve the secrets of his client, and to accept no compensation in connection with
his client's business except from him or with his knowledge and approval.
 A client’s identity should not be shrouded in mystery
 General rule: a lawyer may not invoke the privilege and refuse to divulge the name or identity
of this client.
 Exceptions:
1. Client identity is privileged where a strong probability exists that revealing the client’s name
would implicate that the client in the very activity for which he sought the lawyer’s advice.
2. Where disclosure would open the client to civil liability; his identity is privileged.
3. Where the government’s lawyers have no case against an attorney’s client unless, by reveling
the client’s name, the said name would furnish the only link that would form the chain of
testimony necessary to convict an individual of a crime, the client’s name is privileged.

25. Bautista v. Gonzales Different modes of **** see main file, this case is not a highlight
investigation Rule 139
26. Zaldivar v. Sandiganbayan Different modes of Rule 139-B of the  The incumbent Tanodbayan (caged Special Prosecutor under the 1987 constitution and who is
investigation Rule 139 Rules of Court governs supposed to retain powers and duties NOT GIVEN to the Ombudsman) is clearly without
the investigation of authority to conduct preliminary investigations and to direct the filing of criminal cases with the
Power of Tanodbayan administrative Sandiganbayan, except upon orders of the Ombudsman. This right to do so was lost effective
in Investigations complaints against February 2, 1987. From that time, he has been divested of such authority.
lawyers by the  Proceedings for disbarment, suspension or discipline of attorneys may be taken by the Supreme
Integrated Bar of the Court motu proprio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint
Philippines (IBP) of any person.
 Complaint on Attorneys:
Rule 139 (b) of the Revised Rules of Court pointed out that: [R]eference of complaints against
attorneys either to the Integrated Bar of the Philippines or to the Solicitor General is not
mandatory upon the Supreme Court such reference to the Integrated Bar of the Philippines or to
the Solicitor General is certainly not an exclusive procedure under the terms of Rule 139 (b) of
the Revised Rules of Court, especially where the charge consists of acts done before the Supreme
Court.
27. Circular No. 19,Dec 19, 1986)3. Student Practice Rule Rule 138-A **** see main file, this case is not a highlight
28. In re Integration of the Philippine Bar, The Integrated Rule 139  Compulsory Membership in the Integrated Bar
49 SCRA22 (1973) Bar of the Philippines To compel a lawyer to be a member of an Integrated Bar does not violate his constitutional freedom
to associate because integration does not make a lawyer a member of any group of which he is not
already a member. Even assuming that a lawyer is compelled to join the Integrated Bar, it is still a
justified compulsion as it is an exercise of the police power of the State in regulating and controlling
the legal profession. Also, the inherent power of the Supreme Court to regulate the Bar includes the
authority to integrate it.

 Duties of Lawyers to uphold the Integrity and Dignity of the Legal Profession
Canon 7 provides that ―a lawyer shall at all times uphold the integrity and dignity of the legal
profession and support the activities of the integrated bar. In using the word ―shall,‖ this Canon
makes it mandatory for all. It is neither unlawful to have a Bar Integration nor be a member of an
Integrated Bar.
29. In re IBP Elections, 178 SCRA The Integrated **** see main file, this case is not a highlight
398 (1989) Bar of the Philippines
30. In re Emil Jurado -- [243 SCRA The Supreme Court  What is the scope of the Supreme Courts’ power of contempt?
299 has the power to The Supreme Court has the inherent power to punish for contempt, to control in the
defend itself through furtherance of justice the conduct of ministerial officers of the Court including lawyers and
citing contempt; The all other persons connected in any manner with a case before the court. The power to punish
Court may discipline for contempt is necessary for its own protection against improper interference with the due
lawyers and non- administration of justice.
lawyers alike (i.e.
journalist) through  Can the court cite contempt moto proprio, without a complaint from any of the
contempt parties litigant or when there is no pending case?
YES. Citing contempt is not dependent upon the complaint of any of the parties litigant.
Furthermore, contempt is punishable, even if committed without relation to a pending case.

 Can Jurado be cited for contempt?


YES. Jurado is cited for contempt for a publication which tends to degrade the courts and to
destroy public confidence in them or that which tends to bring them in any way into
disrepute, constitutes likewise criminal contempt, and is equally punishable by courts.
Settled is the rule that the courts may cite for contempt to shield itself from any act or
conduct calculated to bring them into disfavor or to destroy public confidence in them. In
such cases, what is sought to be protected is the court itself and its dignity – thus with or
without a pending case, the court may cite contempt.

 Is Jurado cited for contempt as a lawyer or as a journalist?


He is cited for contempt as a journalist. Jurodo is open to sanctions as journalist who has
misused and abused press freedom to put the judiciary in clear and present danger of
disrepute and of public odium and approbium, to the detriment and prejudice of the
administration of justice. That he is at the same time a member of the bar has nothing to do
with the setting in of those sanctions, although it may aggravate liability.

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