Академический Документы
Профессиональный Документы
Культура Документы
OUTPUTS
SUBMITTED BY:
ED THERESE R. BELISCO
ROCHELLE ANN REYES
STEPHANIE TIRO SITOY
EVELYN M. MAGDADARO
JUDITH GONZALES
ENS ANAGELAINE MANTUA
SUBMITTED TO:
Amy Rose Soler-Rellin
Judge, MTCC Branch 9, Cebu City
Page 1 of 34
a. Name 5 lawyers (living or dead, local or foreign, and not fictional)
whom you believe are worth emulating. Briefly state the legal career
and accomplishments of said lawyers.
Page 2 of 34
2.)Claudio Teehankee, CCLH (April 18, 1918 – November 27, 1989)
was the 16th Chief Justice of the Supreme Court of
the Philippines from 1987 to 1988.
Page 3 of 34
3.) Carpio Morales was the recipient of the University of
the Philippines Alumni Association (UPAA) Distinguished Alumni
Award in Justice/Judiciary during the University of the Philippines'
centenary in 2008. She was given the award “for delivering justice
with courage and untrammelled integrity—a shining paragon to all
magistrates, worthy of emulation and respect.”
Page 4 of 34
measure of integrity in the government service, the face of courage
and daring determination, of competence and independence, and of
one resolutely intolerant of corruption."
Page 5 of 34
4.) Antonio Tirol Carpio (born October 26, 1949) is an
incumbent Senior Associate Justice and, for four instances, acting
Chief Justice of the Supreme Court of the Philippines. He was sworn
in as member of the High Court by President Gloria Macapagal
Arroyo on October 26, 2001.
Page 6 of 34
In 2015, the Philippine Department of Foreign
Affairs sponsored Justice Carpio on a world lecture tour on the South
China Sea dispute. Justice Carpio presented the Philippines’
historical and legal case on the dispute before think tanks and
universities in 30 cities covering 17 countries.
Page 7 of 34
5.)
Page 8 of 34
b.) Give at least 15 skills or competencies needed to be globally
competitive as a lawyer, especially in light of the ASEAN integration.
2. People skills
7. critical thinking
8.mindfulness
9.Collaboration Skills
13.Innovative
14.) Resilient
15.)Hardworker
Page 9 of 34
As a group, we expected that USC College of Law will
give us one of the best legal education in the country. We also expect
that law professors will help us along the way. We expect that
although the road to finishing law school may not be easy, but it will
be worthy and the USC’s brand of legal education will help us
survive in the years to come specially if we are already practicing law.
Page 10 of 34
come up to these because we believe that aside of working smart
and intelligently partnered with will and determination to succeed, we
will graduate and pass the bar exams.
Page 11 of 34
CASE DIGESTS
Facts:
Issues:
Ruling:
Page 12 of 34
related to law verify and more than satisfy the requirement of at least
ten years practice of law.
The practice of law means any activity, in or out court, which requires
the application of law, legal procedure, knowledge, training and
experience. Such that the practice of law is not limited to the conduct
of cases or litigation in court. It embraces the preparation of pleadings
and other papers incident to actions and special proceedings, the
management of such actions and proceedings on behalf of clients
before judges and courts, and in addition, conveying
Facts;
Complainant Sophia Alawi was a sales representative (or
coordinator) of E. B. Villarosa and Partners Co., Ltd. Of Davao City, a
real estate and housing company. The respondent, Ashari M. Alauya
is the incumbent executive clerk of court of 4 th Judicial Shari’a district
in Marawi City. They used to be friends and classmates.
Through Alawi’s agency, a contract was executed for the purchase on
installments by Alauya of one of the housing units belonging to the
Villarosa and Co. in connection to this, a housing loan was granted to
Alauya by the National Home Mortgage finance Corporation
(NHMFC).
Not so long afterwards, Alauya addressed a letter to the President of
Villarosa and Co and to NHMFC for the termination of his contract
with the company for reasons that his consent was vitiated by gross
misinterpretation, deceit, fraud, dishonesty, and abuse of confidence.
This was copy furnished for the Vice president.
Upon learning of Alauya’s letters, Alawi filed an administrative
complaint praying that Alauya be dismissed or disciplined on the
ground that he usurped the title attorney which only regular members
of the Philippine bar may properly use.
Page 13 of 34
Alauya justified the use of the title “attorney” by the assertion that it is
lexically synonymous with “counsellor-at-law”, a tittle to which Shari’s
lawyers have a rightful claim, adding that he prefers the title of
“attorney” because “counselor” is often mistaken for “councilor”,
“konsehal” or “consial” among Maranaos, connoting a local legislator
beholden to the mayor. Withal, he doesn’t consider himself a lawyer.
ISSUES:
Whether respondent Alauya is allowed to use the title “attorney”
although only passing thr Shari’s bar.
Ruling:
No, Alauya is not allowed to use the title “attorney”. Persons who
pass the Shari’s courts are not full-pledged members of the Philippine
bar, such that, they can only practice in Shari’s courts. The title of
attorney is reserved to those who, having obtained the necessary
degree in the study of law and taken the Bar examination have been
admitted to the IBP and remain members therof in good standing,
and it is only them who are authorized to practice law in this
jurisdiction.
Wherefore, respondent Ashari Alauya is hereby reprimanded for the
use of excessively intemperate, insulting or virulent language,
usurping the title attorney and he is warned that any similar or other
impropriety or misconduct in the future will be dealt severely.
AGUIRRE VS RANA
EN BANC[ B.M. No. 1036, June 10, 2003 ]
DONNA MARIE S. AGUIRRE, COMPLAINANT,
VS.
EDWIN L. RANA, RESPONDENT
Facts:
Page 14 of 34
Rana was among those who passed the 2000 Bar Examinations.
Before the scheduled mass oath-taking, complainant Aguirre filed
against respondent a Petition for Denial of Admission to the Bar.
The Court allowed respondent to take his oath. Respondent took the
lawyer’s oath on the scheduled date but has not signed the Roll of
Attorneys up to now.
Issue:
Ruling:
The Court held that “practice of law” means any activity, in or out of
court, which requires the application of law, legal procedure,
knowledge, training and experience. To engage in the practice of law
Page 15 of 34
is to perform acts which are usually performed by members of the
legal profession. Generally, to practice law is to render any kind of
service which requires the use of legal knowledge or skill.
True, respondent here passed the 2000 Bar Examinations and took
the lawyer’s oath. However, it is the signing in the Roll of Attorneys
that finally makes one a full-fledged lawyer. The fact that respondent
passed the bar examinations is immaterial. Passing the bar is not the
only qualification to become an attorney-at-law. Respondent should
know that two essential requisites for becoming a lawyer still had to
be performed, namely: his lawyer’s oath to be administered by this
Court and his signature in the Roll of Attorneys.
Page 16 of 34
PETITION FOR LEAVE TO RESUME PRACTICE OF LAW
BENJAMIN M. DACANAY
B.M. NO. 1678, December 17, 2007
FACTS:
Page 17 of 34
seek medical attention for his ailments. He subsequently applied for
Canadian citizenship to avail of Canada’s free medical program. His
application was approved and he became a Canadian citizen in May
2004.
ISSUES:
RULINGS:
Page 18 of 34
unworthy of the trust and confidence which the courts and clients
repose in him for the continued exercise of his professional privilege.
Page 19 of 34
or permit to engage in such practice." 18 Stated otherwise, before a
lawyer who reacquires Filipino citizenship pursuant to RA 9225 can
resume his law practice, he must first secure from this Court the
authority to do so, conditioned on:
(d) the retaking of the lawyer’s oath which will not only remind
him of his duties and responsibilities as a lawyer and as an
officer of the Court, but also renew his pledge to maintain
allegiance to the Republic of the Philippines.
FACTS:
Page 20 of 34
Muneses alleged that he became a member of the Integrated Bar of
the Philippines (IBP) on March 21, 1966. He lost his privilege to
practice law when he became a citizen of the United States of
America (USA) in August 28,1981. On September 15, 2006, he
reacquired his Philippine citizenship pursuant to RA9225 or the
“Citizenship Retention and Re-Acquistion of 2003” and took his
allegiance as a Filipino citizen before the Philippine Consulate
General in Washing D.C., USA; that he intends to retire in the
Philippines and if granted, to resume the practice of law.
ISSUES:
RULINGS:
Page 21 of 34
In pursuance to the qualifications laid down by the Court for the
practice of law, the OBC required the herein petitioner to submit the
original or certified true copies of the following documents in relation
to his petition:
Page 22 of 34
WILFREDO M. CATU, complainant, vs. ATTY. VICENTE G.
RELLOSA, respondent|||
Issues:
Facts:
Ruling:
Page 23 of 34
ERWIN B. JAVELLANA, petitioner, vs. DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT AND LUIS T. SANTOS,
SECRETARY, respondents.
Issue:
Facts:
Page 24 of 34
are unconstitutional because the Supreme Court has the sole and
exclusive authority to regulate the practice of law. On May 2, 1991,
Javellana’s motion to dismiss was dismissed by public respondents.
His reconsideration is also denied
Ruling:
Page 25 of 34
Magno vs. Velasco-Jacoba
AC No. 6296
Facts:
Page 27 of 34
parties shall go through the conciliation process either before
the lupon chairman or the lupon or pangkat.
Page 28 of 34
Re: 2003 Bar Examinations
BM No. 1222
February 4, 2004
Facts:
Page 29 of 34
Atty. Danilo De Guzman admitted to Atty. Balgos that he
downloaded the test questions from Atty. Balgos’ computer. Atty.
Balgos was convinced that De Guzman was the source of the
leakage of his test questions in Mercantile Law. The questions were
faxed to Ronan Garvida then to Betans Randy Iñigo and James
Bugain. Randy Iñigo passed a copy or copies of the same
questions to another Betan, Alan Guiapal, who gave a copy to the
MLQU-Beta Sigma [Lambda's] Most Illustrious Brother, Ronald F.
Collado, who ordered the printing and distribution of 30 copies to the
MLQU's 30 bar candidates.
Page 30 of 34
The Investigating Committee recommends that Attorney Danilo
De Guzman be DISBARRED for he had shown that he is morally unfit
to continue as a member of the legal profession, for grave
dishonesty, lack of integrity, and criminal behavior. In addition, he
should make a written public apology and pay damages to the
Supreme Court for involving it in another 'bar scandal,' causing the
cancellationof the mercantile law examination, and wreaking havoc
upon the image of this institution.
PROVISIONS:
Page 31 of 34
5. Under the Labor code, non-lawyers may appear before the
NLRC or any Labor Arbiter, if
1. they represent themselves, or if
2. they represent their organization or members thereof (Art
222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a claimant
before the Cadastral Court (Act no. 2259, Sec. 9).
Public Officials who cannot engage in the private practice of
Law in the Philippines:
1. Judges and other officials as employees of the Supreme
Court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the OSG (Ibid.)
3. Government prosecutors (People v. Villanueva, 14 SCRA 109).
4. President, Vice-President, members of the cabinet, their
deputies and assistants (Art. VIII Sec. 15, 1987 Constitution).
5. Members of the Constitutional Commission (Art IX-A, Sec. 2,
1987 Constitution)
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987
Constitution)
7. All governors, city and municipal mayors (R.A. No. 7160, Sec.
90).
8. Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
1. 1. No Senator as member of the House of Representative
may personally appear as counsel before any court of justice as
before the Electoral Tribunals, as quasi-judicial and other
administration bodies (Art. VI, Sec. 14, 1987 Constitution).
2. Under the Local Government Code (RA 7160, Sec.
91)Sanggunian members may practice their professions
provided that if they are members of the Bar, they shall not:
1. 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;
2. 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 relation to his office;
3. collect any fee for their appearance in administrative
proceedings involving the local government unit of which he
is an official;
4. use property and personnel of the government except
when the Sanggunian member concerned is defending the
interest of the government.
Page 32 of 34
3. Under RA 910, Sec. 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 subdivision
or agencies is the adverse party or in a criminal case wherein an
officer or employee of the Government is accused of an offense
in relation to his office.
Page 33 of 34
SUMMARY:
Edgardo M. Villareal
II, Legal Profession,
First Edition (2002)
Page 34 of 34