ON-THE-JOB TRAINING AT FRAGANTE AND ASSOCIATES LAW OFFICE

A Narrative Report Presented to the Faculty Philippine College of Criminology

In partial fulfillment of the requirements in Practicum 1 & 2, On-the-Job Training

By FELIX Z. CAMERINO, JR

ACKNOWLEDGMENT The intern would like to acknowledge, with sincere gratitude all those who have been key in enabling the intern to complete this Narrative Report. To Ms. Michele Carbonel, office manager at Fragante and Associates Law Office for being so facilitating. To Atty. Felipe Fragante for the empowering opportunities and on-going mentorship. To Prof. Mandy Gonzales, for his great leadership in keeping the OJT program running smoothly and effectively; and, his great considerations in setting up a custom OJT especially for the interns situation. To Atty. Ramil G. Gabao (Dean of the College of Criminology) and his team for their determination, focus and eventual success in timely implementing an empowering OJT program for PCCR students in immediate compliance of CMO 21 Series of 2005 and CMO 37 Series of 2010. To Ms. Vivian Oro for the endless inspiration. FZCJR

DEDICATION The intern would like to dedicate this manuscript to all PCCR BACHELOR OF SCIENCE IN CRIMINOLOGY students, for use as a reference in considering their choice of agency in Practicum 1 & 2 and their next career course of action. To the interns family and friends for their encouragement and overall support. To God, our creator for the blessing of all the wonders and challenges of life. FZCJR

TABLE OF CONTENTS PAGE TITLE PAGE ............................................................................................... ACKNOWLEDGMENT ................................................................................. DEDICATION .............................................................................................. TABLE OF CONTENTS .............................................................................. LIST OF FIGURES ...................................................................................... PART 1 INTRODUCTION ............................................................................... 1.1 1.2 1.3 1.4 1.5 1.6 What is OJT ............................................................................ Rationale for OJT .................................................................... Expected Benefits ................................................................... Reasons for Pursuing Criminology .......................................... Readiness for OJT: Self-assessment ...................................... Acronyms ................................................................................ 1 1 3 4 4 5 9 10 10 i ii iii iv v

2 THE INSTITUTIONAL ENVIRONMENT ........................................... 2.1 History ....................................................................................

2.2 2.3 2.4

Mission/Vision: Fundamental Objectives ................................ Organizational Structure ......................................................... General Location and Area of Responsibility ..........................

11 12 15 17 18 18 19 20 21 21 22 23 23 25 26 27 35

3 THE WORKING ENVIRONMENT ........................................................... 3.1 Services Offered ........................................................................... 3.1.1 Legal Services......................................................................... 3.1.2 Real Estate Brokerage ............................................................ 3.2 Role as an Intern .......................................................................... 3.2.1 Business Process Computing ................................................. 3.2.2 Client Acquisition..................................................................... 3.2.3 Paralegal ................................................................................. 3.3 3.4 Intern-Supervisor Relationship ..................................................... Qualities of the Host Agency to Emulate ......................................

4 PERSONNEL MANAGEMENT AND DISCIPLINE ................................ 5 AUXILIARY SERVICES .......................................................................... 6 FORMS ................................................................................................... 7 RECOMMENDATIONS ...........................................................................

8 PHOTOGRAPHS ....................................................................................

36

LIST OF FIGURES FIGURES PAGE

1 IBP Board of Governors .................................................................. 2 Map of the Philippines ..................................................................... 3 IBP Regions and Chapters .............................................................. 4 Hierarchy of Services Offered ........................................................ 5 Affidavit ............................................................................................ 6 Affidavit of Desistance .................................................................... 7 Special Power of Attorney .............................................................. 8 Articles of Incorporation .................................................................

13 15 16 18 28 29 30 32

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PART 1 INTRODUCTION What is OJT According to Wikipedia.com, on-the-job training (OJT) is a form of job training and development1. It is defined as a workplace learning which takes place at a normal working situation, using the actual tools and equipment, documents or materials that trainees will use when fully trained and are supervised by a manager or experienced co-worker. On-the-job training has a general reputation of being the most effective for vocational work. BusinessDictionary.com2 defines it as, Employee training at the place of work while he or she is doing the actual job. Usually a professional trainer (or sometimes an experienced employee) serves as the course instructor using hands-on training often supported by formal classroom training. In the U.S.A., OJT is legally defined as an individual's observation of and participation in given tasks demonstrated by experienced workers for the purpose of acquiring competency in such tasks3. It is a common policy for many employers to require new hires to undergo OJT and even a federal government mandate for certain jobs.

http://en.wikipedia.org/wiki/Onthejob_training http://www.businessdictionary.com/definition/onthejobtrainingOJT.html 3 22CFR62.2[Title22ForeignRelations;ChapterIDepartmentofState;SubchapterGPublicDiplomacy andExchanges;Part62;ExchangeVisitorProgram;SubpartA;GeneralProvisions]

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In the Philippine setting, OJT is also associated with apprenticeship training and employment of special workers4 with apprenticeship being defined as any training on the job supplemented by related theoretical instructions involving apprenticeable occupations and trades as may be approved by the Secretary of Labor and Employment. As such and through the mandates of the Commission on Higher Education (CHED), OJT (labeled as Practicum) is a required subject in Baccalaureate courses. For the Bachelor of Science in Criminology course, the Practicum is a new component as contained under CHED Memorandum Order (CMO) 215, series of 2005. It is further defined by recently published CMO 37, Series of 20106. This Narrative Report represents the post-OJT report in partial fulfillment of the interns Practicum coursework.

OmnibusRulesImplementingLaborCode,Book2,RuleVI,Section12 CriminalJusticeEducation:PoliciesandStandardsfortheCriminologyProgram(CMO21,Seriesof2005) 6 GuidelinesintheConductofPracticum(OnthejobTrainingandCommunityImmersion)Requirement forBSCriminologyStudents(CMO37,Seriesof2010)

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Rationale for OJT As indicated by CMO 37, Series of 20107, the Practicum (OJT and Community Immersion) is designed to provide practical experiences in any of the five (5) pillars of the Criminal Justice System (CJS) and prescribes the supervised application of previously studied theories in Criminology. It also aims to provide the students with an opportunity to understand the economic, social, and cultural reality of the community, allowing them to interact and relate to the same. One can therefore postulate that the rationale is to expose the students to actual real-life work environment, agency/institutional operations and work scenarios; prepare them for their profession by discovering their own

capabilities, strengths and weaknesses to thereby help them make career decisions; adopt appropriate etiquette in interacting with supervisors, workmates, and clientele; and, earn actual work-hours experience to increase their chances for employment opportunities after graduating. In a nutshell, OJT is a valuable step in transitioning the student from the classroom to a professional career.

Supranote6

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Expected Benefits The expected benefits from OJT are many and varied. Those worth mentioning however are: To be exposed first hand to actual situations where lesson learned in the classroom setting are applied to real-life cases; To learn standard practices; To understand what problem areas exist for the given focus; To get a sense of trends for the given focus (e.g., the types of cases that gained gradual popularity and their demographics); To be exposed to and gain a sense of the nature and unwritten practices of the given focus; o Unwritten in this case are those creative but legal techniques to achieve a specific goal To see get a sense of the types of idiosyncrasies with persons and entities for the given focus; To establish a long term relationship with the OJT employer; and To find ways of contributing to the OJT employer.

Reason for pursuing Criminology The long-term goal is to pursue a Juris Doctor (JD) degree in Law and ultimately, to be an officer of the court as a lawyer in the practice thereof.

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As a pre-requisite and a first step, a pre-law degree in a related course that provides a strong foundation in political and criminal law is sought. A degree in Political Science was initially considered but Criminology eventually won favor in the fact that it not only offered coursework in the same five (5) criminal law and jurisprudence (CLJ) classes as that taught in law school, but also on the five (5) pillars of the Criminal Justice System; a number of police sciences (for which arrest and prosecution depends on); in the traditional social science of Criminology; and, a number of other related coursework. Readiness for OJT: Self-assessment The agency offered for the Practicum is a small private law office (the firm). The areas practiced at this law firm varied according to the three (3) base areas of law: Criminal, Civil and Administrative--most cases handled being Civil in nature with Criminal a close second and Administrative being less frequent. As a small office, exposure to all administrative and clerical activities (and levels thereof) in the day-to-day operations is evident. From preparing the most complex case folder, to composing and compiling legal documents, to filing, answering phones, and running around (e.g., for legal filings, hearings, etc). As such, one can easily premise that readiness is measured on whether the completed coursework to-date at PCCR is related to and commensurate with the above environment.

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In looking at the General Education subjects at PCCR, the many English subjects (e.g., English composition, Memorandum and report writing techniques, etc.), Math, and Computer (namely, office applications) in its curriculum appears to provide the baseline for basic office administration readiness. For matters related to the OJT agency functions mentioned (i.e., practice of law), many of the upper division coursework in Criminology establishes the interns readiness. For example, Political Science with Philippine Constitution provides the base knowledge of the Philippine Government framework and the fundamental rights of all according to the Constitution; the five (5) pillars of the Philippine Criminal Justice System which gives the intern a better perspective of the entire Criminal Justice System; and, the five (5) CLJ subjects which establishes with the intern the penal laws and the procedural applications thereof. The other Criminology coursework can also be easily applied accordingly towards readiness. For example, in legal cases involving toxicology (covered by the Natural Sciences coursework), fire and arson, and even in solving logical brain-teasers (covered by the Philosophy/Logic coursework). From the personal standpoint of the intern, readiness is viewed as a milestone in his continuing education. As such, being ready is a goal. Much the same as final examinations are a test of readiness for completion of a given subject based on effective learning, OJT too is viewed as a test to determine ones probability of assimilating effectively into the given profession based on the knowledge and skills attained in college.

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On the question of whether the intern is ready for OJT, it is submitted that the intern confidently affirms that he is. In fact, he further submits that he is ready to be employed as an individual contributor in any of the available capacities (besides a lawyer), supporting lawyers in a law office. Instances that support this follows: On the first month, the intern was quick to familiarize himself with the types of cases handled in the firm, even quick to participate in some instances in creating case files. It was also during this period when the intern was presented with the opportunity to assist in upgrading the firms communications (via the Internet) and resolve system issues to which he quickly and diligently pursued to fruition. The by-products of the interns effort include the establishment of the firms internet presence (by way of social networking), improved electronic communications with clients (email messaging and file exchange), online access to research systems including the firms newly acquired password-protected access (for which I coordinated) to SEC-filed documents like corporation by-laws, articles of incorporation, etc.. Additional communication tools, procedures and techniques were also established by the intern. One of which is a lead generation system operated by the intern from which prospective clients are gained. The process involves the offer of free legal consultation (by email and other non-real time online means).

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Answers to the questions/issues posed are researched by the intern, checked by the principal partner (Atty. Fragante) for accuracy, and replied back to the inquiring person. Those with more complex situations usually end up requiring further assistance for which fee-based consultations are scheduled. From which, prospective clients may be converted to actual clients. During these consultations, the intern is allowed the opportunity to participate as an observer. This entire process has proven effective in fact that the intern has been offered an indefinite commission-based marketing role for the firm in the process. On the second month of the interns OJT term, he was also presented with an opportunity to provide hands-on assistance for a criminal case involving a lawyer motorist who struck a bicyclist with her car as the bicyclist was crossing the street. The firm represented the bicyclist. Atty. Fragante tasked the intern to be present at the hearings to which he did, even participating in the settlement negotiations and preparing the necessary instruments thereof (affidavit of desistance) towards the case successful conclusion. All of these achievements would not be possible without effectively learning and assimilating with the working environment. The interns ability to adapt, step up above and beyond expectations, and complete the tasks requested of him, as cited in the above instances are proof of the interns readiness.

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Acronyms AOR CALMANA CHED CJS CLJ CMO IBP JD LLB LLM OJT PCCR PPLM SC SEC Area of Responsibility Caloocan-Malabon-Navotas-Valenzuela Commission on Higher Education Criminal Justice System Criminal Law and Jurisprudence CHED Memorandum Order Integrated Bar of the Philippines Juris Doctor Bachelor of Laws Master of Laws On-the-job Training Philippine College of Criminology Pasay-Paraaque-Las Pias-Muntinlupa Supreme Court Securities and Exchange Commission

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PART II THE INSTITUTIONAL ENVIRONMENT Because the firm is but a small office, the Institutional environment for which this Narrative Report will refer to will be the Integrated Bar of the Philippines (IBP or simply the Bar), the official organization of all Philippine lawyers. The IBP is composed of all Philippine attorneys now numbering about 50,000. All persons whose names appear in the Roll of Attorneys of the Supreme Court (having qualified for and passed the Bar examinations and taken their attorneys oath, unless otherwise disbarred) are members of the IBP. If any such person does not agree to join the organization and regulations (including nonpayment of annual membership dues), he does not become, or he ceases to be, an IBP member, and at the same time his name is removed from the Roll of Attorneys. The effect of the removal is that he ceases to be an attorney. He loses the privilege to practice law in the Philippines. History The IBP came into being when the Supreme Court (SC) created on October 5, 1970 the Commission on Bar Integration which was tasked not only to ascertain the advisability of integration of the Bar, but even more, to serve as a common vehicle of the Court and the Bar in fashioning a blueprint for integration and putting the same into actual operation. Republic Act No. 6397, which

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became effective September 17, 1971, confirmed the power of the Supreme Court to adopt rules of court to effect the integration of the Philippine Bar. Then on January 9, 1973, the Supreme Court, by a per curiam resolution, pursuant to its constitutional mandate, ordained the integration of the Bar in accordance with its Rule 139-A, effective January 16, 1973. Within the next succeeding months, the IBP was organized. On February 17, 1973, local chapters all over the country were finally formed and elections for chapter officers were held. Then on March 17, 1973, the first batch of representatives to the IBP House of Delegates composed of 104 delegates representing the IBP Chapters nationwide convened in Manila and elected its first set of IBP Governors. Mission/Vision: Fundamental Objectives To elevate the standards of the legal profession; To improve the administration of justice; To enable the Bar to discharge its public responsibility more effectively. The IBP also provides for grievance procedures for the enforcement and maintenance of discipline among all the members of the IBP. However, no action involving the suspension or disbarment of a member or the removal of his name

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from the Roll of Attorneys shall be effective without the final approval of the Supreme Court8. Organizational Structure Some people ask whether the IBP is a governmental (public) or nongovernmental (private) entity. The answer is that it is essentially a private (or non-governmental) organization. It is not an agency of the Government. For one, the lawyers, who are its members, are private individuals. Moreover, the funding is derived essentially from their membership dues. It cannot be denied that the IBP exists to perform certain vital public functions and to assist the Government particularly in the improvement of the administration of justice, the upgrading of the standards of the legal profession, and its proper regulation. Moreover, financial assistance is extended to it by the Government itself. Lawyers are officers of the court, and it is this common aspect of their varied personalities that provides the IBP with its bond of unity. Putting it more precisely, therefore, the IBP is a semi-governmental entity; a private organization endowed with certain governmental attributes. The IBPs governing body is the Board of Governors9. It is headed by a chairperson with members designated as Governors of each of the IBP regions.

Section12:GrievanceProcedures,IBPBylawseffectiveJanuary16,1973

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Figure1:IBPBoardofGovernors

Aside from the nine (9) IBP regions, there are also Chapters10 in every province and on certain sub-divisions or areas. From these Chapters, lawyers are considered members of based on their office or residence (unless the lawyer specifies a different Chapter). As well, members of the House of Delegates (of not more than 120-members) are apportioned from accordingly. The House of Delegates is tasked with electing each Governor on the Board of Governors. The IBP leadership also comprise of eleven (11) officers who are tasked with the operations of the IBP. Headed by the IBP Chairman, Roan I. Libarios, serving as the National President, the officers are:

TOMAS PRADO, National Secretary; MARIA TERESITA C. SISON GO, National Treasurer; JOSE V. CABRERA, National Executive Director for Operations; ROLAND B. INTING, National Executive Director for Administration;

9 10

TheIntegratedBarofthePhilippinesBylaws(effectiveJanuary16,1973) Supranote8

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ROSARIO T. SETIAS-REYES, National Director for Legal Aid; ALICIA A. RISOS-VIDAL, National Director for Bar Discipline ; RAMON S. ESGUERRA, General Counsel; OLIVER B. SAN ANTONIO, Assistant National Secretary; VICTORIA V. LOANZON, Assistant National Treasurer; RODOLFO G. URBIZTONDO, Deputy General Counsel; MERLIN M. MAGALLONA, Editor-in-Chief, IBP Journal

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General location and Area of Responsibility (AOR) The IBP National Office is located at the IBP Building (No. 15) along Julio Vargas Avenue, Ortigas Center, in Pasig City, Philippines. In geographic terms its area of responsibility is the entire Philippines grouped according to the nine (9) IBP Regions and Chapters within each region.

Figure 2: Map of the Philippines

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REGIONS Northern Luzon

CHAPTERS
Abra Baguio-Benguet Batanes Cagayan Ifugao Ilocos Norte Ilocos Sur Bataan Bulacan Nueva Ecija Pampanga Aurora Batangas Caloocan-Malabon Navotas-Valenzuela (CALMANA) Cavite Laguna Makati Manila I Manila II Manila III Albay Camarines Norte Camarines Sur Biliran Bohol Cebu Cebu City Eastern Samar Aklan Antique Capiz Guimaras Iloilo Agusan del Norte Agusan del Sur Bukidnon Camiguin Davao City Davao del Norte Cotabato Lanao del Norte Lanao del Sur Misamis Occidental North Cotabato South Cotabato Isabela Kalinga-Apayao La Union Mountain Province Nueva Viscaya Quirino Pangasinan Tarlac Zambales Marinduque Occidental Mindoro Oriental Mindoro Pasay-Paraaque-Las Pias-Muntinlupa (PPLM) Quezon Rizal-San JuanMandaluyong Manila IV Quezon City Cantanduanes Masbate Sorsogon Leyte Northern Samar Samar Southern Leyte Negros Occidental Negros Oriental Palawan Romblon Siquijor Davao del Sur Davao Oriental Misamis Oriental Surigao del Norte Surigao del Sur Sarangani Zambasulta Zamboanga del Norte Zamboaga del Sur Zamboanga-Sibugay

Central Luzon

Southern Luzon

Greater Manila Bicolandia Eastern Visayas

Western Visayas

Eastern Mindanao

Western Mindanao

Figure 3: IBP Regions and Chapters

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PART III THE WORKING ENVIRONMENT The firm is affiliated with the Institutional Environment (the IBP) through the membership of the firms principal partner, Attorney Felipe Fragante. He has been a member in good standing since 1986. Aside from being in the private practice of law, Atty. Fragante is a professor of law and a member of the faculty of the Manila Law College and Adamson University College of Law (where he also serves as the Director of the Legal Aid office). He is also a licensed Real Estate broker. He was formerly a Director of the Supreme Court of the Philippines, Assistant Chief Counsel of the Blue Ribbon Committee of the Philippine Senate, and Technical Assistant of the Commission on Appointment. He was also with the NBI for a number of years, overseeing a team of NBI agents as the chief of a confidential task force. He received his LLM from the University of Sto. Tomas and LLB from Adamson University College of Law. He is also a PCCR alumnus with his BS in Criminology. During his stint at PCCR, he was the President of the Council of Student Leaders and the founding president of the Combat Shooting Club.

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Services Of S ffered Under At tty. Fragantes leader rship, two key functio ons exist in the n fo of offer services orm red s:

Figure 4: Hierarchy of Se ervices Offer red

Legal Services L The firm provid f des legal c consultation n/advisory, legal repr resentation and egal docum mentation se ervices in C Criminal La Civil La and Adm aw, aw ministrative Law le matters. m l on/advisory services a ad hoc in nature, provided o an y are on Legal consultatio as needed basis. They are ideal for clients w simply need 1-tim legal ad b y who y me dvice or those wit on-going intermitte needs. Specific ca th g ent ases vary b between th 3he

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areas of law. For example, consultation to determine if an estafa, annulment or labor case has merit. Legal representation usually involves on-going representation in litigation cases throughout the life of the same. Example cases include annulment of marriage (which typically lasts up to one year), breach of contract, and criminal defense. Legal documentation usually involves the creation and execution of legal documents. Cases include corporation SEC filing, Real Estate titling, and legal contracts/agreements. Real Estate Brokerage The firm also provides Real Estate listing services for clients who are looking to sell their properties (residential, commercial, house and lot, land, buildings and businesses). In this service, the firm establishes an agency

agreement with the seller (whether exclusive or non-exclusive) engaging the firm to find a buyer. Included in this brokerage is the service for buyers in locating a suitable property for acquisition. It is important to note that many of the brokerage clients are also legal services clients and vice versa, either because they were legal clients first who sought assistance in liquidating assets, or brokerage clients first who require legal assistance in matters like Real Estate titling.

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Role as an intern As defined in Part I, OJT is training on the job supplemented by related theoretical instructions involving apprenticeable occupations It can therefore be surmised that the role of an intern is to adapt learned theories into practice through training in an actual work environment. However, the fact that OJT is prefixed with on-the-job, there is a connotation that the intern is to function as an employee (be it a neophyte), expected to produce or contribute much the same as other employees. In which case, the intern sought opportunities to contribute to the host firm so as not to be a burden. In doing so, the interns role eventually graduated into being a consultant in the areas of business computing and most notably, in the area of client acquisition. The activities the led to this is narrated as follows: Business Process Computing On the first month of the interns OJT term, much of the time was spent familiarizing with the types of cases handled in the firm, assisting with creating case files on some instances. It was also during this period when the intern was presented with the opportunity to assist in upgrading the firms communications (via the Internet) and resolve system issues to which he quickly and diligently pursued to fruition. Today, the firm enjoys a high speed Internet connection for email communication with clients and access to many legal sources on the Internet.

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Additionally, the intern obtained Securities and Exchange Commission (SEC) online access for the firm to use in research on any and all documents filed with SEC (e.g., corporation by-laws, articles of incorporation, etc.). The firm (including the principal partner) was established with social networking presence for which prospective clients can obtain service information on and learn of the principal partners background. Client Acquisition Additional communication tools, procedures and techniques were established. One of which is a lead generation system operated by the intern from which prospective clients are gained. The process involves the offer of free legal consultation (by email and other non-real time online means). Answers to the questions/issues posed are researched by the intern, checked by the principal partner (Atty. Fragante) for accuracy, and replied back to the inquiring person. Those with more complex situations usually end up requiring further assistance so personal fee-based consultations are scheduled. From which, prospective clients may be converted to actual clients. During these consultations, the intern is allowed the opportunity to participate as an observer. This entire process has proven effective in fact that the intern has been offered an indefinite commission-based role for the firm.

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Paralegal On the second month of the interns OJT term, he was also presented with an opportunity to provide hands-on assistance for a criminal case involving a lawyer motorist who struck a bicyclist with her car as the bicyclist was crossing the street. While the motorist covered the first nights hospitalization costs, she refused to shoulder anything more compelling the bicyclist to take further action. That bicyclist eventually found his way to being our client through his interactions and reporting of his case with the famous Tulfo brothers on their radio show. Atty. Fragante tasked the intern to be present in representing the client (the petitioner) during the preliminary investigation hearings at the Manila City Prosecutors office. The intern entered the scene on the second hearing which was intended for reviewing the clients reply to the counter affidavit of the lawyer motorist (the respondent). It seemed that it was only then that the respondent realized that the petitioner has legal representation. That led to a settlement negotiation for which the intern was a conduit of (on behalf of Atty. Fragante). Following every instruction from Atty. Fragante and holding firm on the clients position, the intern successfully facilitated an amicable settlement. The effort included composing the necessary agreements (namely, the Affidavit of Desistance) according to the terms acceptable to all parties.

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Intern-Supervisor Relationship As in any relationship, it starts with being formal and evolves from there. Healthy and progressive relationships bear fruit to candor (less formality, i.e.) and trust. All others usually stagnate or worst, they end in bad impressions between the parties. Evident in the above narration of the bicyclist vs. the lawyer motorist criminal case, is the trust and confidence that Atty. Fragante has on the intern to handle the tasks that only seasoned paralegals are usually entrusted with. As well, the fact that Atty. Fragante has been very receptive with the business computing improvements and client acquisition ideas, approving immediate implementation of both, is in added indication. These and other indicators speak volumes on the healthy and progressive relationship the intern has with Atty. Fragante and his staff. Qualities of the Host Agency to Emulate As a seasoned lawyer and professor of law, Atty. Fragante is an expert in his chosen profession. He is an eloquent and well-rounded speaker, thorough yet concise in the delivery of his message. His curriculum vitae is quite impressive with the many prominent positions he has held over the years.

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Despite his prominence and somewhat formal lawyer-like stature, he is quite amiable, giving equal importance to any and all who approach and talk with him. In fact, his charisma quickly wins people over. Atty. Fragante is also very meticulous in everything he does. Conversely, he is also quite creative, not confined to structure. Despite his kind-hearted nature, he is quite fearless ready and determined to overcome battles. All these are qualities that any aspiring lawyer would likely want to emulate. The intern is one of those aspiring lawyers who feel the same.

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PART IV PERSONNEL MANAGEMENT AND DISCIPLINE Being a small office, the firm is not bound by any formal structure or policy synonymous with larger organizations. Rather, it is family-oriented in its operations. In fact, the intern is the only new kid on the block. Everyone else in the firm has been with Atty. Fragante for years. As such, personnel management and discipline issues are non-existent. However, should the need arise, being a law firm they will be addressed according to the prescriptions of the law.

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PART V AUXILIARY SERVICES Outside of the legal services, Real Estate brokerage is considered as the only auxiliary services of the firm. This has been detailed above.

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PART VI FORMS All forms used are those prescribed and standardized by the Rules of Court and the pertinent agencies that may be involved in any of the legal proceedings. Samples of which include: 1. Affidavit 2. Affidavit of Desistance 3. Special Power of Attorney (SPA) 4. Articles of Incorporation for non-stock corporations

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FIGURE 5
REPUBLICOFTHEPHILIPPINES ) ________CITY)SS. AFFIDAVIT I,________________,Filipino,oflegalage,withaddressat __________________________________,afterhavingbeensworntoinaccordancewithlaw herebydeposeandstatethat: 1.] 2.] 3.] 4.Ihereinattesttothetruthfulnessoftheforegoingfacts. AFFIANTFURTHERSAYETHNAUGHT. INWITNESSWHEREOF,Iherebyaffixmysignaturethis___dayof__________200__in ___________City. ___________________ Affiant SUBSCRIBEDANDSWORNtobeforeme,aNotaryPublic,this___dayof____________200__ at_____________City,affiantexhibitedtomehisCommunityTaxCertificateNo. ____________issuedon______________at______________. Doc.No.; PageNo.; BookNo.; Seriesof200_.

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FIGURE 6
REPUBLICOFTHEPHILIPPINES ) ________CITY )S.S. AFFIDAVITOFDESISTANCE I,__________,oflegalage,single,andaresidentof_______________________,after havingdulysworntoinaccordancewithlawherebydeposeandstate: 1.Iamthecomplainingwitnessfor________________against______inthecase entitled"PeopleofthePhilippinesversus______",CriminalCaseNo._______, ______________________,Cityof_________. 2.Aftermysoberandsoulsearchingassessmentandanalysisoftheincident,Ihave realized that___________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________. 3.SinceIcouldnotstatewithcertaintyandwithoutdoubttheliabilityof____________, infairnesstohim,Iampermanentlywithdrawingmycomplaintagainsthim.Iclearhimof whateverresponsibilityorliabilitytome. 4.IherebyinformtheCityProsecutorof______thatIamwithdrawingmycomplaintfor ____________________inCriminalCaseNo.___________entitled"PeopleofthePhilippines versus_____________",_______________________________,Cityof___________. 5.Ilikewiserequestthe_______________________________,Cityof___________to dismisswithprejudicethesaidcriminalcase. INWITNESSWHEREOF,Iherebysetmyhandthis__dayof_________20__attheCityof ________. ___________________ ComplainingWitness SUBSCRIBEDANDSWORNtobeforemethis____dayof_____20__attheCityof_____, Philippines. _________________ PublicProsecutor

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FIGURE 7
SPECIALPOWEROFATTORNEY I_______________________,herebyname,appointandconstitute _______________________tobemytrueandlawfulattorney,toactonmybehalfandinmy name,toexecuteandperformalloranyofthefollowingacts,deeds,mattersandthings,in connectionwith_________________________,towit: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ HEREBYGIVINGANDGRANTINGuntooursaidattorneyfullpowersandauthoritytodo andperformallandeveryactrequisiteornecessarytocarryintoeffecttheforegoingpowers,as fullytoallintentsandpurposesasImightorcouldlawfullydoifpersonallypresent,withfull powerofsubstitutionandrevocation,andherebyratifyingandconfirmingallthatmysaid attorneyorhissubstituteshalllawfullydoorcausetobedonebyvirtuehereof. INWITNESSWHEREOF,Ihavehereuntosetmyhandthis___dayof_________2012,in __________________. ____________________________ Conforme: _____________ Signedinthepresenceof: ____________________________________________________

t P a g e |31 ACKNOWLEDGMENT REPUBLICOFTHEPHILIPPINES ) METROMANILA )S.S. BEFOREME,aNotaryPublicforandinthe__________,this___________________, personallyappearedthefollowing: NameCTCNo.PlaceDate knowntomeandtomeknowntobethesameperson/swhoexecutedtheforegoingGeneral PowerofAttorneyconsistingof__pagesincludingthepageonwhichthisAcknowledgmentis written,andwhoacknowledgedtomethatthesameistheirfreeandvoluntaryactanddeed. INWITNESSWHEREOF,Ihaveplacedmyhandandsealonthedateandattheplacefirst abovewritten. Doc.No.: PageNo.: BookNo.: Seriesof_____.

t P a g e |32

FIGURE 8
ARTICLESOFINCORPORATION of ______________________________________________ KNOWALLPERSONSBYTHESEPRESENTS: We,theundersignedincorporators,alloflegalage,havethisdayvoluntarilyagreedto formanonstockandnonprofitassociationunderthelawsoftheRepublicofthePhilippines. THATWEHEREBYCERTIFY: ArticleI: Thatthenameofthisassociationshallbe __________________________________________ ArticleII: Thatthepurposesforwhichthisassociationisformedare: _______________________________________________ _______________________________________________ _______________________________________________ ArticleIII: Thattheassociationshallhaveitsprincipalofficeat: _______________________________________________ _______________________________________________ ArticleIV: ThatthetermforwhichsaidassociationistoexistisFIFTY(50)years fromandafterthedateofissuanceofthecertificateofincorporation. Thatthenames,nationalities,andresidencesoftheincorporators, majorityofwhoareresidentsofthePhilippines,areasfollows: Nationality __________ __________ __________ __________ __________ Address __________________________ __________________________ __________________________ __________________________ __________________________

ArticleV:

Name ______________________ ______________________ ______________________ ______________________ ______________________

t P a g e |33 ArticleVI: Thatthenumberoftrusteesoftheassociationshallbe_____(___);and thenames,nationalitiesandresidencesofthefirsttrusteesofthe association,majorityofwhoareresidentsofthePhilippines,areas follows: TIN __________ __________ _______ Nationality __________ __________ __________ Address ______________________ ______________________ ________________

Name ___________________________ ___________________________ ___________________________ ArticleVII:

Thatthetotalcontributedcapitaloftheassociationis ___________________________PESOS(P_______.__)contributedby theincorporators. Thatnopartoftheincomewhichtheassociationmayobtainasan incidenttoitsoperationshallbedistributedasdividendstoits members,trusteesorofficerssubjecttotheprovisionsofthe CorporationCodeofthePhilippinesondissolution.Anyprofitobtained bytheassociationasaresultofitsoperation,whenevernecessaryor propershallbeusedforthefurtheranceofthepurposesenumeratedin ArticleII,subjecttotheprovisionsofTitleXIoftheCorporationcodeof thePhilippines. That_____________________hasbeenelectedbythesubscribersas Treasureroftheassociationtoactassuchuntilhissuccessorisduly electedandqualifiedinaccordancewiththebylaws;andthatassuch Treasurer,hehasbeenauthorizedtoreceiveforandinthenameand forthebenefitoftheassociation,allcontributionsanddonationstothe association. Thattheincorporatorsandtrusteesundertaketochangethenameof theassociationimmediatelyuponreceiptofnoticeordirectivefromthe SecuritiesandExchangeCommissionthatanothercorporation, partnershiporpersonhasacquiredapriorrighttotheuseofthatname orthatnamehasbeendeclaredasmisleading,deceptive,confusingly similartoaregisteredname,orcontrarytopublicmorals,goodcustoms orpublicpolicy.

ArticleVIII:

ArticleIX:

ArticleX:

t P a g e |34 INWITNESSWHEREOF,wehavesetourhandsthis_______dayof_____________, 20_____at_______,Philippines. _________________________ TIN:____________________ _________________________ TIN:____________________ _________________________ TIN:____________________ Signedinthepresenceof ____________________________________________________________ ACKNOWLEDGEMENT REPUBLICOFTHEPHILIPPINES ) )ss BEFOREME,aNotaryPublicinandfor___________________________Philippines,this ____dayof_______________20_____personallyappeared: Name TIN DATE&PLACEISSUED allknowntomeandtomeknowntobethesamepersonswhoexecutedtheforegoingArticles ofIncorporationandtheyacknowledgedtomethatthesameistheirfreeandvoluntaryactand deed. Inwitnesswhereof,Ihavehereuntosetmyhandandaffixedmynotarialsealonthe dateandattheplacefirstabovewritten. NotaryPublic _________________________ TIN:____________________ _________________________ TIN:____________________

Doc.No.____ PageNo.____ BookNo.____ Seriesof20____

t P a g e |35

PART VII RECOMMENDATIONS As to the firm, the intern would not recommend any changes since its small office appeal offers an environment for gaining a greater range of hands-on experience and skills: that is, an intern can be exposed to the many functions and roles in the firm. This can prove to be valuable benefit for interns. It also offers opportunities for the intern to contribute. Namely, in improving business processes to increase operation efficiencies which could lead towards increases in the firms capacity to handle more clients. As to PCCRs association with the firm for future OJT opportunities, the intern would recommend maintaining this firm as an agency option for students who seek a career path towards the practice of law. The intern would also recommend that only one or two (at most) interns should be selected. As to future interns, PCCR might consider being selective in choosing the intern candidates since the absence of structure may prove to be counterproductive. This would be true of interns who require constant supervision and are productive only when doing tasks with pre-defined procedures. Mature, creative and independent are some (among many others) of the traits that suitable interns should possess in order to thrive, benefit from and succeed in this type of environment.

t P a g e |36

PART VIII PHOTOGRAPHS

Entrance

Reception Desk

Front Office

Reception Waiting Area

Back Office

Interns Desk