edited law val paper
TRANSCRIPT
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LAW & VALUES
Submitted by:
Cabral, Jan Louie Antonni S.
Castro, Maryland D.H.
Furigay, Ralph Gino P.
Salamat, Jose Miguel R.
Santiago, Felanie April S.
Zoleta, Camille R.
1D
Submitted to:
Atty. Marquez
October 19, 2012
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I. NOTARY PUBLIC
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Our observations are as follows:
No cedula - CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND
LEGAL PROCESSES. (Rule 1.02 - A lawyer shall not counsel or abet activities aimed
at defiance of the law or at lessening confidence in the legal system.)
Prices -Some notary public collects excessive fines on the said affidavit of loss. - CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE
IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE
PROFESSION. (Rule 2.04 - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant.)
ILDEBRANDO D.
VIERNESTO
NO NAME TWO LAWYERS
Affidavit of loss 1. credit card 2. credit card and
company id
3. credit card
Price 50php- if you have
already a computerizeddocument from the
computer shop they are
referring and it is onlysubject to seal and
signature of the
lawyer.
100php- if thecomputerized
document will bemade, sealed and
signed by the lawyer.
100php- if you lost
your credit card only.150php- if another id
were lost (company
id).
100php- if it will be
prepared, signed, andsealed by the
lawyer
Presence of thelawyer
NOT PRESENT NOT PRESENT PRESENT
Requiring cedula NOT REQUIRED NOT REQUIRED NOT REQUIRED
(according to them, it
only depends upon
the employer)
Requiring valid id NOT REQUIRED NOT REQUIRED REQUIRED
Office Looks like a store Just like a yosi
stand
Looks like a
carinderiaEquipment Dry seal Typewriter laptop
Signboard Notary public, Name of
the lawyer and the Roll
number is displayed
Notary publicprepare or accept rush
services
Notario Publico with
name of the lawyers
Manpower 2 only and no lawyer 1 only and no lawyer 3 with 2 lawyers
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II. PROSECUTORS OFFICE
We observed in the prosecutors office in manila (Eduardo R. Meneses, jr.).
We saw that the fiscal is trying to at least reconcile the two parties who have been friendsto resolve the petty crime while still explaining that the complainant had her own
discretion whether to proceed or not consider his advice to meet halfway. Upon hearingboth sides and demands, the lawyer asks the parties to reconcile and meet half way and
explain the pros and cons of proceeding with a suit or proceeding. The clients were giventhe discretion to choose on their actions. This is in connection with CANON 1 - A
LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. (Rule
1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it willadmit of a fair settlement.)
He is also asking the background of the case and clearly stating that it is off-paper or itwill not be the basis of the resolution of the case. The facts are as follows:
The complainant, 29 y/o, and the accused, senior citizen, were friends. In the bar,accused had a quarrel with another friend causing an injury to one another with
the use of chair to smash; but, as the complainant tried to stop the fight, she washit in her nose causing a wound in it. Complainant filed serious physical injuryagainst the accused for the wound and asked for damages amounting to 20,000
including the supposed salaries which she would have earned as a floor manager
and her dismissal in the said work having been absent for 2 weeks because of
preparing her documents. The accused is ready to compensate the complainantfor having paid the medical expenses before and an additional amount of
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3,000php from his pension of 4,000php/month which according to the accused is
his only means of income.
As the prosecutor emphasized the friendship of the two parties and his opinion that theamount demanded by the complainant is excessive and suggested that they agree
halfway, the complainant told the prosecutor that she will first consult her family withregards to the compensation bargained. CANON 6 - THESE CANONS SHALL
APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF
THEIR OFFICIAL TASKS. (Rule 6.01 - The primary duty of a lawyer engaged inpublic prosecution is not to convict but to see that justice is done. The suppression of
facts or the concealment of witnesses capable of establishing the innocence of the
accused is highly reprehensible and is cause for disciplinary action.)
The prosecutor ended up scheduling another meeting for them to think and decide, andalso mentioned that as soon as they have decided to still pursue, the papers will be
automatically submitted to their chief or person in the hierarchy position for resolution.-
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS ANDLOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS. (Rule 15.05 - A lawyer when advising his client, shall give a candid and
honest opinion on the merits and probable results of the clients case, neither overstating
nor understating the prospects of the case.)
Recommendation:
Lawyers whenever confronted with different cases should ensure their speedy
disposition so as not to delay any mans cause and to ensure that decrease of court
dockets. The fiscal lawyer should keep doing his acts of amicably settling the parties. It istheir duty to ensure that justice is not denied and the rights of the parties are protected
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III. PUBLIC ATTORNEYS OFFICE
We went to PAO in manila (Atty. Agna).
We have observed that PAO is really strict as to dealing with the people because wecannot simply enter and observe in their office without permission to the staff outside.
So as we have been permitted to enter, a lawyer voluntarily entertained our concern.It was not easy to get inside the Public Attorneys Office if you are not a client or
without prior notice. However, when informed about our objective, the staff allowed us to
get inside the office. One of the lawyers was accommodating to us which is in accordanceto - CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION
PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW
SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING INFORMATION REGARDING
THE LAW AND JURISPRUDENCE.
We have observed in their office that each pao lawyer has his own slot with table andchair where he talks to the client but it has no divider making it, which for me, less
private.
However, disregarding the situations or surrounding which in reality most governmentoffice have, the pao lawyer emphasized that they exercise confidentiality and privileged
communication by letting the indigent client speak of whatever matters or information to
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them with the guarantee that they will not divulge or disclose or use it against them even
if there will be no lawyer-client relationship. - CANON 15 - A LAWYER SHALL
OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS
AND TRANSACTIONS WITH HIS CLIENTS. (Rule 15.02 - A lawyer shall be bound
by the rule on privilege communication in respect of matters disclosed to him by a
prospective client.)
While inside the office, it can be observed that the lawyers are all entertaining everyclient who comes into their office. Their primary clients are those indigent people whocannot afford of having legal services which is in line with CANON 14 - A LAWYER
SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. The lawyers does not refuse
to entertain or accept representation of an indigent client provided that the their case has
merit.
However, there was less privacy between the lawyer and his client/s because there wereno dividers in between the tables.
In an interview with one of the PAO lawyers, he emphasize that whatever informationthat was given to them by the client remains exclusive and confidential between them
which is in line with CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED
According to him, indigence and merit qualifications must be met by the client in order toavail the assistance of Pao lawyers. He also added that MTC mostly hear 41 cases/ day.-
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE
IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THEPROFESSION. (Rule 2.01 - A lawyer shall not reject, except for valid reasons, the causeof the defenseless or the oppressed.)
He also told us that the typical misconduct that some of the pao lawyers do based on thecases encountered as posted in their website are receiving consideration from the client,
moonlighting or practicing their duty outside their jurisdiction as well as excessive travel
expenses. CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL
TASKS. (Rule 6.02 - A lawyer in the government service shall not use his public
position to promote or advance his private interests, nor allow the latter to interfere with
his public duties.)
Recommendation:The lawyers shall keep up with their duty of serving the indigent people. It should
be their duty to ensure that justice is delivered to these people. They shall continuerendering services with confidence and competence equivalent to those well-paid
lawyers.
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IV. REGIONAL TRIAL COURT
We visited RTC manila hearing civil and criminal cases.
We have observed that the judge is moody because many of the counsel did not appear.CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE
LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL
PROCESSES. (Rule 1.03 - A lawyer shall not, for any corrupt motive or interest,
encourage any suit or proceeding or delay any mans cause.); CANON 10 - A LAWYER
OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. (Rule 10.03 -
A lawyer shall observe the rules of procedure and shall not misuse them to defeat the
ends of justice.)
The judge even said that, (pao lawyer) abogado naman niyo nagpapatalo sa inyo. delaynanaman to and nasa bicol daw si atty. Busmento. The lawyer was absent of the said
litigation despite stern warning from the judge.- CANON 8 - A LAWYER SHALLCONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR
TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID
HARASSING TACTICS AGAINST OPPOSING COUNSEL. (Rule 8.01 - A lawyershall not, in his professional dealings, use language which is abusive, offensive or
otherwise improper.); CANON 14 - A LAWYER SHALL NOT REFUSE HISSERVICES TO THE NEEDY. (Rule 14.04 - A lawyer who accepts the cause of a
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person unable to pay his professional fees shall observe the same standard of conduct
governing his relations with paying clients.)
I can see that the judge is quite strict and organized that she wanted that everything willrun smoothly. The crowd were instructed to sit whenever a vacant chair is left.
One fiscal also moved to correct what was written in the stenographic notes and fulfil themissing conversations made by the stenographer using the recorded conversation, as well
as correct the annexes. CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
WITH COMPETENCE AND DILIGENCE. (Rule 18.02 - A lawyer shall not handle
any legal matter without adequate preparation.)
Likewise, another fiscal was assigned by the judge to substitute to the absent lawyer.
1st
Case: Criminal and Civil Case
Defendant was accused of violating Presidential Decree No. 115 or Trust Receipts Act;the accused failed to remit to the bank the proceeds of export of three shipments.
Defendants lawyer presents evidence and verifies it thru the witness who works in thegarment company that is responsible for the shipments.
While the evidence is presented, the Judge asks the PAO lawyer whether he has verifiedthe existence of the evidence, the PAO lawyer answers in negative though no objection
was made. Such action is against Rule 10.01 of Canon 10 of the Code of ProfessionalResponsibility which states that:
CANON 10 - A LAWYER OWES CANDOR,
FAIRNESS AND GOOD FAITH TO THE COURT.
Rule 10.01 A lawyer shall not do any falsehood, norconsent to the doing of any in court; nor shall he mislead,
or allow the Court to be misled by any artifice.
In a case, whether it be civil or criminal, evidence is essential in order to serve justice.Lawyers presenting fraudulent evidences are punishable under the Code of Professional
Responsibility.
2nd
Case: Criminal CaseArraignment
Accused pleaded not guilty on the crime of robbery. Pre-trial was therefore set on anotherdate.
PAO lawyer helps the defendant on making his decisions by giving the accused theconsequences of his actions.3
rdCase: Criminal CaseArraignment
Defendant pleaded guilty on his crime of simple robbery and the stolen items wasrecovered. He was sentenced for a straight penalty ofprision mayorbut it was lowered to
prision correcional.
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4
thCase: Criminal CaseArraignment
Accused pleaded not guilty for the crime of Robbery with Conspiracy.5
thCase: Civil Case
Petitioners have not attended the hearing and only one of the many defendants is present. Atty. Pangalang also failed to pass his conformity as the legal counsel of the defendants. After years of searching, Mr. Vincent, one of the defendants, finally found new
documentary evidence that can possibly prove his innocence. But such relinquishment
from his civil liability was delayed by the absence of his counsel, Atty. Pangalang.
If Atty. Pangalang would be absent on the next hearing, the defendants right for thepresentation of evidence would be deemed waived.
The subpoena is also inconsistent that is why the defendants were not notified about thehearing, if they fail to appear for the next hearing, the defendants right for the
presentation of evidence would be waived.
Atty. Pangalang, the counsel of the defendant is late after the fourth call of the Court.However, the latter presented a medical certificate proving that he is confined due to hishigh-blood pressure but his medical certificate has no signature and date that proves the
validity of such certificate. From this course of action, Atty. Pangalang has alreadyviolated a number of canons in the Code of Professional Responsibility, to wit:
CANON 10 - A LAWYER OWES CANDOR,
FAIRNESS AND GOOD FAITH TO THE COURT
xxx
Rule 10.03 - A lawyer shall observe the rules of procedure
and shall not misuse them to defeat the ends of justice.
CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS
AND TO JUDICIAL OFFICERS AND SHOULD
INSIST ON SIMILAR CONDUCT BY OTHERS.
xxx
Rule 11.02 - A lawyer shall punctually appear at courthearings.
xxx
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO
ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
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xxx
Rule 12.03 - A lawyer shall not, after obtaining extensions
of time to file pleadings, memoranda or briefs, let the
period lapse without submitting the same or offering an
explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case,
impede the execution of a judgment or misuse Court
processes.
Based on our observation, Atty. Pangalang is not an effective legal counsel for he is nothelping his clients with regard to their long running case. It was thru Atty. Villanueva, the
opposing counsel and Judge Cacanindin that they were given another chance to present their
evidence and re-set the hearing.
6
th
Case: Criminal Case
Arraignment Accused pleaded guilty for the crime of robbery and was sentenced for four years. The
accused can apply for probation even though he was given final judgment before because
he was dismissed.
7th
Case: Civil Case
Petitioner asks respondent to pay for his debt amounting to P500,000.00. The defendants counsel is absent even though he is already notified of the hearing. The
counsel violates Rule 11.02 of Canon 11:
CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTSAND TO JUDICIAL OFFICERS AND SHOULD
INSIST ON SIMILAR CONDUCT BY OTHERS.
xxx
Rule 11.02 - A lawyer shall punctually appear at court
hearings.
xxx
CANON 12 - A LAWYER SHALL EXERT EVERYEFFORT AND CONSIDER IT HIS DUTY TO
ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
xxx
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Rule 12.04 - A lawyer shall not unduly delay a case,
impede the execution of a judgment or misuse Court
processes.
The case was therefore reset.
Some quotes to ponder:
For those who are aggrieved by the injustices and lose hope:
Brothers and sisters,
God is the best listener.
You dont need to shout
Nor cry out loudBecause He hears
Even the very silent prayer
of a sincere heart.
For those entertaining to become lawyers only to become boastful and arrogant in
the end:
Words like these are good things to ponder upon,
Watch your thoughts, they become words;
Watch your words, they become actions;
Watch your actions, they become habits;
Watch tour habits, they become character;
Watch your character, for it becomes your destiny.
And, for our classmates;
A lesson from the avatar,
No matter how beautiful your dreams and fantasies are,
You will always have to wake up in order to fulfill them
Note brothers that Every sacrifice has a fruitful reward.
Every failure has a second chance.We only have to be strong by Gods grace to make it through the test of life.
Just believe and have faith.
Let God be your greatest Goal.
Life isnt perfect but wherever life leads you, its because of a purpose.