i. Jain Tulong-DOJnong 2016 One DOJ and WE LOVE IT! THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN© LEGAL AND JUDICIAL ETHIcs from. A to ZO NOVEMBER 2016 EDITION HAND OUT NO. 2, SERIES OF 2016 COMPILED BY Prof. Erickson H. Balmes* ALL THINGS, IN FAITH, ARE POSSIBLE WITH GOD oe AQuo A reference to the previous court or tribunal from where a case or matter originated. Thus, the term court a quo in appealed cases refers to a lower court whose decision is under review. * Undersecretary, Department of Justice. * Member, Law Faculty, University of Batangas, Far Eastem University, Polytechnic University of the Philippines, Philippine Christian University, Universidad de Manila. ¢ The compiler wishes to thank his former students, ATTY. MARDANE DE CASTRO, ATTY. JANICE COLOMA, ATTY. KRISTINE BERNADETTE GUEVARRA, ATTY. JP ROXAS, JOVEN JALOS, SARGE AGCAOILL MA. ANGELICA GALVE, JP HABANA, APOL SABANAL, VANESSA CARPIO AND ANNA MARIELLA MARIFOSQUE for their valuable contribution in researching this compilation through the years. ‘@ MCLE and Bar Reviewer in Legal Ethics and Commercial Law, Jurists Bar Review Center, Cosmopolitan Review Center, CPRS Bar Review Center, Luminous Bar Review, Dagupan, Powerhaus Review Center, Chan Robles Internet Review, PCU Bar Review, Albano Review Center. LEGAL ETHICS FROM A TO Z 2016 Edition Prof Prickeon H RalmesTulong-DOJnong 2016 One DOJ and WE LOVE IT! THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN@ Advance Sheet A promulgated decision of the court which is made available in a 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 legal counselor or attorney-at-law. Affidavit An ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge. Amicus Curae A “friend 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 assistance. 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 Court Personnel, both of which took effect on June 1, 2004. A.M. No. 03-05-01-SC, April 27, 2004. Case at Bar The case being tried by the trial court in the exercise of its Jurisdiction, i.e., the case that is currently the subject of a particular trial or judicial proceeding. Case at Bench The case being heard before an appellate court. 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 of a thing or property for a litigant who agrees to share with him a portion or pay him an amount corresponding to a percentage of the value of the thing or property thus recovered or LEGAL ETHICS FROM ATO Z 2016 Wdition Prof Frickean H RalmosTulong-DOJnong 2016 One DOJ and WE LOVE IT! THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING. TO HAPPEN@ won in the suit. It is akin to instigating a claimant to file suit with the lawyer advancing the costs of suit in return for a substantial fee if successful. Conclusiveness of Judgment A doctrine stating that a fact or question which was an issue in a former suit and that was judicially passed upon and determined by a court of competent jurisdiction is conclusively settled by the judgment therein as far as the parties to that action and Persons in privity with them are concerned, and cannot again be litigated in any future action between such parties or their privies in the same court or any other court of concurrent jurisdiction on either the same or different cause of action, while the judgment remains unreversed by Proper authority. Cayana vs. CA, 426 SCRA 10; Oropesa Marketing Corporation vs, Allied Bank, 393 SCRA 27. 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, it has the force of res judicata with respect to the contentious issues in the case. Such a judgment, as a rule, is immediately executory. Del Rosario vs. Madayag and Leviste, 247 SCRA 767; Central Bank vs. CA, 61 SCRA 348; Pasay City vs. Manila, 132 SCRA 156. Contempt of Court It is a defiance of the authority, justice or dignity of the court-such conduct as tends to bring the authority and administration of the law into disrespect of, to interfere with, or Prejudice parties litigant or their witnesses during litigation. It signifies not only a willful disregard or disobedience to the court’s order but such conduct which tends to bring the authority of the court and the administration of law into disrepute or in some manner to impede the administration of justice. Halili vs. Court of Industrial Relations, 136 SCRA 112. Contingent Fee Agreement A no recovery, no fee agreement between a lawyer and a client, ie, if the 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 free legal assistance to an indigent litigant who cannot afford to pay for legal representation. It is in pursuance of the mandate LEGAL ETHICS FROM ATO Z 2016 Mattion Prof Frickeon H RalmesTulong-DOJnong 2016 One DOJ and WE LOVE IT! THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN@ under Sec.11, Article III of the Constitution which states: “Free access to the courts and quasi-judicial bodies and 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 a 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 Under the New Code of Judicial Conduct, a judge’s family includes his spouse and children, as well as children-in-law, and any other relative by consanguinity or affinity\within the sixth civil degree, or person who is a companion or employee of the judge and who lives in the judge’s household. Judgment An adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and civil 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. Judicial and Bar Council A constitutionally-created body attached to the Supreme ;Court whose principal function is to recommend to the President who to appoint as justices and judges. It is composed of the Chief Justice as ex officio chairman, the Secretary of Justice and a representative of Congress as ex officio members, a representative of the Integrated Bar of the Philippines, a professor of law, a retired justice of the Supreme Court, and a representative of the private sector. Sec. 8, Article VIII of the 1987 Constitution. LEGAL ETHICS FROM ATOZ 2016 Edition Prof Frickean H RalmesTulong-DOJ nong 2016 One DOJ and WE LOVE IT! THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN@ Judicial Power The all-powerful legal authority of the judiciary, as a co-equal and independent branch of government, derived from Sec.1, Article VIII of the 1987 Constitution which states: “Judicial power shall be vested in one Supreme Court and in such lower 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 to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.” Judicial Review The underlying power of the courts to scrutinize the acts of the Executive and Legislative branches of the government, as well as administrative agencies exercising quasi-judicial authority on questions of law and jurisdiction, as well as their exercise of discretion. Jurat The bottom line in a legal document, usually an affidavit, which bears the notary Public’s signature and seal attesting to the fact that the person who had the document prepared swore to and signed it in the presence of the notary public. Juris Consult A lawyer who is recognized as an expert in a specialized branch of the law, eg, international law, constitutional law, Sharia or Islamic law. A juris consult is an existing position in the judiciary under Shari'a law in our country. Justice A title reserved by law and Court rules in reference to incumbent and retired members of the Supreme Court, Court of Appeals, Sandiganbayan, and the Court of Tax Appeals only. It may niot be used by other officials from whichever branch of government even if said officials are given the rank of justice. JBC No 001, En Banc Resolution, Feb. 14, 1989, Law Student Practice Rule LEGAL ETHICS FROM ATO Z 2016 Maitton Prof Frickcan H RalmesTulong-DOJnong 2016 One DOJ and WE LOVE IT! THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN© Rule 138-A allows a law student who has completed the third year of the law course to appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board of officers under the following conditions: 1. Heis enrolled ina recognized law school’s clinical law education program approved by the SC; 2. He appears under the direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law; 3. The pleadings, briefs, memoranda are signed by the supervising attorney. Liberty and Prosperity Doctrine A judicial philosophy espoused by Chief Justice Artemio V. Panganiban which advances the view that “in cases involving liberty, the scales of justice should weigh heavily against the government, and in favor of the poor, the oppressed, the marginalized, the dispossessed, and the weak; but in conflicts primarily concerned with economic policies, courts must be deferential to the political branches of government, namely, the Presidency and Congress; hence, as a rule, courts will not pass upon the merits or wisdom of economic policies, for these matters have been left by the people to the President and Congress to evaluate and decide.” Bayan Muna vs. Ermita, GR No. 169838, April 25, 2006; La Bugal-B’Laan Tribal Association, Inc. vs. Ramos, 445 SCRA 1. Litigation A lawsuit, that is, a legal proceeding to seek redress in a court of law. Litis Pendentia A doctrine against multiplicity of suits such that a latter action is dismissed upon a plea of an already pending action in court on the same subject matter involving the same parties who pray for relief founded on the same set of facts. Suntay vs. Aguiluz, 209 SCRA 500; IFC vs. Ebarle, 163 SCRA 60; Andersons Group, Inc. vs. CA, 266 SCRA 423. Malpractice The failure of a lawyer to exercise on behalf of his client, the knowledge, skill and ability ordinarily possessed by members of the Bar whereby an actual loss is 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 6 'g LEGAL ETHICS FROM A TO Z 2016 Edition Prof Frickean H RalmesTulong-DOJnong 2016 One DOJ and WE LOVE IT! THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN@ In 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 issue would be of no practical use or value. Banco Filipino vs. Tuazon, 425 SCRA 129. Notary Public A public officer whose duty is to attest to the genuineness of any deed or writing in order to render them available as evidence of the facts therein 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 judge's functions, hence, bias, prejudice and even undue interest cannot be presumed, especially when weighed against a judge's sacred obligation under his oath of office to administer justice without respect to any person and do 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 event of one or the other's absence due to resignation, dismissal, retirement, death, suspension, or prolonged absence. He takes cognizance of all cases in the paired sala as acting judge 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 or out of court, which requires the application of law, legal procedure, knowledge, training and experience. Teaching Law courses is classified as such. Cayetano vs. Monsod,201 SCRA 210. 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 for a good cause or for an indigent litigant. Pro Se LEGAL ETHICS FROM ATO Z 2016 Edition Prof Frickeon H RalmesTulong-DOIJnong 2016 One DOJ and WE LOVE IT! THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN@ A Latin term which denotes “on his own behalf.” It is usually used in connection with the representation of one’s self in a court of law without the assistance of an attorney. Quantum Meruit Literally, 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, when the services are prematurely terminated by the act of either 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 A register 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 Court. Ruling A judicial or administrative interpretation or resolution of an issue is a case arising out of a statute, order, regulation or ordinance, or other transaction which is embodied in the dispositive portion of a decision or judgment of the court Subjudice A legal principle expressed in Latin which means that a certain. matter is under judicial or court consideration ,whose result or consequence is still undetermined and, therefore may not be an appropriate subject to comment on publicly as to its possible outcome. Any such comment may subject the commentator to contempt of court. Suspension It is the act of the Court in prohibiting an attorney from practicing the law for a certain definite period. Verification An affirmation under oath by the party making the pleading that he is prepared to establish the truthfulness of the facts which he has pleaded based on his own personal knowledge. : LEGAL ETHICS FROM A TO Z 2016 Edition Prof Frickeon H RalmesTulong-DOJnong 2016 One DOJ and WE LOVE IT! THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN Even though I watk through the valley of the shadow of death, I will fear no evil, for you are with me; your rod and your staff, FOR WHEN WE ARE AT OUR WEAKEST, OUR HEAVENLY FATHER IS AT HIS STRONGEST! To Lani and to Eulo For the Abundant Love that Fueled this compilation through the years. AN INVITATION: The DOJ - Office of the Secretary Volunteer Paralegal Immersion Program for 2016 Bar Candidates. Volunteer with Us and Wait for your Results and upon Passing we will HIRE you! Send us your letter detailing why you deserve to be selected as a DOJ Volunteer Paralegal and Resume to balmz@yahoo.com Address your letter to Secretary Vitaliano N. Aguirre II c/o Undersecretary Erickson H. Balmes Program Director LEGAL ETHICS FROM ATO Z 2016 Bdition Prof Frickson H RalmesTulong-DOJnong 2016 One DOJ and WE LOVE IT! THESE NOTES ARE MEANT TO BE SHARED, SHARING THEM IS A GOOD KARMA WAITING TO HAPPEN@ Deadline for Submission is on December 2, 2016, 6 p.m. Notification of Acceptance will be by E-mail on or before December 15, 2016 Start of Immersion: January 2, 2016 GooD Luck GOD BLESS Basta Ikaw LORD! ALL RIGHTS RESERVED NOVEMBER 7, 2016 + AMDG LEGAL ETHICS FROM A TO Z 2016 Edition Prof Frickean H Ralmes