LEGAL

PROFESSIONMIDTERM
GROUP ACTIVITY

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

[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of the
contents of the document.]
Page | 1
 (Revised March 2018)
FOR NEW APPLICANTS

Republic of the Philippines

SUPREME COURT
Manila

In the Matter of the

PETITION TO TAKE THE
__ BAR EXAMINATIONS,
B.E. No. -------N
0.R. No.
-------
Amt. Pd.: -------

Surname Given Name Middle Name

Petitioner.
x:--------------------------------------------------------
--------------- x:

PETITION

COMES NOW the undersigned petitioner and to this Honorable Court

respectfully states:

1) He/She is a Filipino citizen, ____ (civil status), __ years of age,

having been born on at
_______________________ to spouses
_____________ and _____________,
who are citizens of the Philippines, and attaches for this purpose
the original or certified true copy of petitioner's Birth Certificate,
marked as Annex "A";

[Note:
(a) If born outside of wedlock, state so . -------------
(b) If not a natural-born Filipino citizen, state how and when
citizenship was
acquired and attach pertinent documents: -------------
(c) If a married female, attach original or certified true copy of
Marriage Contract, marked as Annex "A-1 "]

2) He/She is a person of good moral character, and attaches for this

purpose two
(2) Testimonials of Good Moral Character ex:ecuted by a member
of the Philippine Bar, marked as Annexes "B-1" and "B-2";

3) [Note: Kindly check (a) or (b) whichever is applicable.]

a. He/She has NOT been charged with any act or omission

punishable by law, rule or regulation before a prosecutor, judge,
public officer or administrative body of any crime or offense;

b. He/She has been charged with an act or omission punishable by

law, rule or regulation, which civil, criminal and/or administrative
2|P a g e
 (kindly underline whichever is applicable) easels is/are now
pending/dismissed (kindly underline whichever is applicable), and
attaches for this purpose a list of his/her pending and/or dismissed
easels and the necessary attachments outlined in the Requirements,
marked as Annex "C" and so on;

[This Petition was duly approved by the Court. Insertion, revision or deletion
of any of the provisions herein shall not be allowed.]

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 4) He/She finished his/her high school education in
the year __ at the
------------- (school); and completed his/her pre-law
with a bachelor's degree in (course) at
_____________ (school) for __ calendar years, and
attaches for this purpose the original or certified true copy of
his/her Transcript of Records, marked as Annex "D";

5) He/She regularly studied law for __ calendar years and

satisfactorily completed all the requirements for the prescribed law
degree at
(school), a law school officially
approved and recognized by CHED, when applicable, and attaches
for this
purpose the original or certified true copy of his/her transcript of
records
(bearing the corresponding certification ofthe Law Dean or School
Registrar concerned and duly authenticated with the school's
official seal), marked as Annex "E"; and the original copy of the
LEB Certification, marked as Annex
"F";

6) He/She has no derogatory record in law school where he/she

graduated, and attaches for this purpose the original copy of his/her
Certificate of No Derogatory Record executed by the LawasDean,
marked Annex "G";

7) This is the first time that he/she is taking the Bar Examinations;

8) He/She attaches three (3) copies of his/her latest un-retouched

photographs (1 Yi x 1 Yi), marked as Annex "H";

9) He/She is not related by consanguinity or affinity within the fourth

civil degree to a member of the Supreme Court or
official/personnel of the Office of the Bar Confidant (OBC);

[Note: If related to any of the said Justices or officials/personnel

mentioned above, kindly state name and his/her relationship to
such.

WHEREFORE, petitioner respectfully prays that he/she be allowed to

take the Bar Examinations.

________ , Philippines, 20 .

Signature over Printed Name

Thumbprin
t
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 (Right
Thumb) Permanent
Address

Temporary Address (while

preparing
for and taking the Bar
Examinations)
Mobile and/or Telephone
Number
and Email Address

[This Petition was duly approved by the Court. Insertion, revision or deletion
of any of
herein the provisions shall not be allowed.]

5|P a g e
 VERIFICATION

Republic of the Philippines)

___________,S.S.

I, , after being sworn to in accordance

with
law, depose and state; that I am the Petitioner in the foregoing petition; that I
prepared the foregoing petition; and that the allegations hereintoare true be
best of my knowledge.

Affiant

SUBSCRIBED AND SWORN to before me this __ day of ________,

20_ at by affiant who has satisfactorily proven to me
his/her
identity through his/her valid ID with ID No. issued by issued
on ____

NOTARY PUBLIC

Doc. No. ____

Page No. ____
Book No. ----
Series of ----

Documentary Stamp

6|P a g e
 IMPORTANT REMINDERS

1) This Petition will NOT be accepted under any of the following instances:
a. If any of theisblank herein not properly filled.
write[Note: Kindly "N/A" on lines which are not applicable.]
b. If not accompanied by the required documents or papers including
payment of the Bar Examinations and other fees;
c. If it does not strictly conform with the above form; and
d. If it is filed beyond the deadline set by the Court.
2) A self-addressed and stamped letter envelope (long) must be attached to
the petition to be used in sending your Report of Rating in the Bar
Examinations.

[This Petition was duly approved by the Court. Insertion, revision or deletion
of any of the provisions herein shall not be allowed.]

7|P a g e
 TESTIMONIAL OF GOOD MORAL CHARACTER

TO WHOMSOEVER THESE PRESENTS MAY COME:

·'
Upon my oath as a member in good standing of the Philippine Bar, I
hereby
CERTIFY that:

1. an applicant for the 20__

Bar
Examinations, is personallyto known me to be a person of good moral
character; ·

2. He/She has not been charged with any act or omission punishable
by law, rule or regulation before a prosecutor, judge, public officer or
administrative body; nor found culpable by any court or administrative body
of any crime or offense involving moral turpitude; nor has he/she any
pending case or charge; and,

3. I am in a position to state the foregoing facts because I have known

said
---------------- since or a period
ofyears now.
WITNESS MY HAND this __ day of , 20_, at

-----------, Philippines.

SIGNATURE OVER PRINTED

NAME

DATE OF ADMISSION & ROLL

NO.

ADDRESS

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 TESTIMONIAL OF GOOD MORAL CHARACTER

TO WHOMSOEVER THESE PRESENTS MAY COME:

,,
Upon my oath as a member in good standing of the Philippine Bar, I
hereby
CERTIFY that:

1. an applicant for the 20__ Bar Examinations, is personally known to

me to be a person of good moral character;·

2. He/She has not been charged with any act or omission punishable by
law, rule or regulation before a prosecutor, judge, public officer or
administrative body; nor found · culpable by any court or administrative body
of any crime or offense involving moral turpitude; nor has be/she any pending
case or charge; and,

3. I am in a position to state the foregoing facts because I have known

said
--------------- since or a period
ofyears now.
WITNESS MY HAND this __ day of , 20_, at

-----------, Philippines.

SIONATURE OVER PRINTED

NAME

DATE OF ADMISSION & ROLL

NO.

ADDRESS

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Business (Corporate) Law
To thrive in corporate law, you will need to develop an exemplary
knowledge of business law, current trends and legislative and regulatory
developments.Furthermore, you will need to build up a familiarity with
corporate and business law in other jurisdictions where your clients have
operations or are looking to invest.A corporate lawyer needs to have strong
communication and negotiation skills, an excellent academic background,
the ability to think outside of the box, exceptional analytical skills and
meticulous attention to detail.

Teamwork is an essential feature of most corporate transactions. You

will work with groups of professionals who share a common objective and
therefore your interpersonal and people management skills should be top-
notch.

A good corporate lawyer is ambitious, thrives on challenges and

relentlessly chases their goals.

Civil Rights Law

1. Ability to communicate excellently

So you have a great case, or a case that is winnable as long as

people can understand your theory of law. According to Christos
Vitsentzatos, what distinguishes successful from unsuccessful attorneys
and cases is the attorney’s ability to communicate to the decision maker, be
it the judge or the jury, the premise of the theory and the reason for
selecting your proposed outcome. Communication is more significant than
conviction or sociable skills or any other factor combined. The reason being
is that communication underlies every important characteristic that an
effective civil litigation attorney must obtain. Understand whom you are
communicating to and what is the objective of your communication is and
you will be on your way to becoming a successful and much improved civil
litigator.

2. Persuasiveness
Any litigator must have the skills to convince a judge, jury, client or the
other counsel regarding any specific issue says, Christos Vitsentzatos. In
any context, the power of persuasion is essential. Whether it is trying to
persuade opposing counsel that your case is stronger than it is, or
persuading a client that an agreement offer is the best that they will get, the
quality is of primary importance. If a case goes to trial, the side that wins is
generally the most persuasive, absent a clear finding of law. Underlying the
idea of persuasiveness is the ability to recognize and relate to people. If you
can recognize and associate to your audience, persuading them simply
comprises of dealing with their issues and presenting the advantages to
your point of view. A mastery of the power of persuasion will result in
success in the civil litigation field.
3. Interpersonal Skills

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 The need for honed interpersonal skills is not unique to the law, but its
importance is greater for practicing attorneys than for most other
professions, says Christos Vitsentzatos. The civil litigator spends most days
talking and meeting with colleagues, clients, judges and co-workers. Each
relationship demands a separate and distinct set of interpersonal skills.
Some of these relationships require management skills, while others require
the ability to listen and respond meaningfully. Unlike transactional attorneys,
civil litigators must be comfortable talking to people and must be able to get
along with many different kinds of people. If a client does not personally like
his or her attorney, they are less likely to return to that attorney in the future,
sometimes regardless of the prior outcome.

4. Negotiation Skills

The vast majority of cases never appear before a jury, but the
willingness to bring a case to trial is often a factor which can spur settlement
negotiations. If you are capable and willing to take any case to trial,
defendants, and most notably, defendant insurance companies, will initiate
the negotiation process. Christos Vitsentzatos has an extensive experience
and he says that while negotiating, it is necessary to do so in good faith, but
one must be sure to keep in mind the goal of getting the best deal possible
for a client. Studies have shown that the cooperative, as compared to the
aggressive combative negotiator, is able to achieve a more desirable
settlement offer. Whatever your particular style, it is important to keep in
mind that you will most likely deal with that person in your area of work
again in the future, so good faith dealing is necessary to ensure appropriate
behavior and offers in the future.

5. Clearly Explained Fee System

Some of the most common complaints made regarding one’s attorney

stems from compensation disputes. According to Christos Vitsentzatos to
avoid this, it is always necessary to put in writing and clearly explain to the
client the method of billing, whether it is hourly or contingency billing.
Additionally, many billing disputes arise when there is a discrepancy in the
understanding of the client regarding whether the fee is taken before or
after taxes. A clearly explained and detailed fee agreement accomplished in
the first intake meeting can avoid many of the post case disputes, and can
also help to avoid potential complaints being filed with the state disciplinary
committee.

6. Ability to Learn

Christos Vitsentzatos describes that along with being honest, an

attorney should strive to never lose the ability to learn about a new area of
the law. Most clients have come to you to deal with their specific and
particular problem, and view it as a hassle and waste of time if you must
refer them to another attorney. Upon assessing the client you must first

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decide whether their problem is in an area of the law in which you can
educate yourself in a relatively short period of time. Only when the new area
is so specialized that you would do them a disservice should you refer the
client to other counsel. As students of the law, we must never forget how to
learn new areas of the law. The law will always change, but it is the attorney
who can always analyze and interpret the law who will remain successful,
says Christos Vitsentzatos.

7. Honesty

Too often, attorneys are inclined to tell a client what they want to hear,
rather than what they should hear. Appeasing a client with an incorrect or
misleading answer may make that client happier for that moment, but will
cost you in the end. Christos Vitsentzatos says that honesty includes telling
a client when it is the type of case that you do not typically handle, while
referring them to another qualified attorney. Christos Vitsentzatos adds that
losing this business might hurt in the short term, but that client will
remember you when they face an issue that you have a firm grasp or
specialization in. Honesty, as a matter of policy and client relations, should
be of utmost importance.

8. Organizational Skills

Christos Vitsentzatos is a skillful attorney and according to him the

most important skill, especially for the experienced litigator is organizational
skills, both for efficiency and the image one leaves on clients. No client is
looking for an attorney who appears disheveled without an idea of where
certain documents may be located within the mound of papers on their
desk. Litigators are not generally the most organized attorneys, but it is
important to take the extra time to organize files and work areas. The
organization will project to the client that you are in control and will also
allow you to use your time in an efficient manner.

9. Confidence of the attorney

An essential element of attracting business is the manner in which an

attorney projects him or herself says Christos Vitsentzatos. Confidence is
more than mere hollow bravado or misplaced self-assurance. Confidence
conveys to the client, judge and opposing counsel that you have a complete
handle of the case and can control how and where it flows. As part of
projecting an air of confidence it is first necessary to read your audience
and adjust your behavior accordingly. A client does not want an attorney
who simply offers them options for them to choose. A client wants an
attorney as a true advocate, one who can give them an answer and a firm
and confident recommendation. Without confidence in their attorney, a

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client’s trust for that attorney will decrease, and the potential of repeat
business is small.

10. Knowledge of the Rules of Evidence:

Many civil cases often turn on the admissibility or inadmissibility of a

certain piece of evidence, says Christos Vitsentzatos Many practicing
attorneys fail to have a proper understanding of the rules of evidence, and
lack the knowledge of how and when to object and how to answer an
objection. Often times, failure to object or preserve an issue for appeal can
cost the client significantly more in legal fees, or even worse, cause the
client to lose the case. In addition, an attorney with a mastery over the rules
of evidence can use them as either a shield or a sword in admitting or
barring important evidence.
Christos Vitsentzatos is one of the country’s leading Barrister & Solicitor.
His legal career has seen him represent a diverse array of clients in many
different roles. He has been an Assistant Crown Attorney for the Province of
Ontario. Christos Vitsentzatos has extensive experience successfully
representing small and medium sized businesses.
Criminal Law
 Integrity
A defense attorney, as with all lawyers, must have a high level of
integrity. He must be honest with his client, keeping him informed of
the progress of his case and the likely outcome of the proceedings.
 Research Skills
He must be able to conduct research -- not only legal research to find
precedents and other cases with a bearing on his, but also research
into the alleged crime committed by his client and circumstances that
the police may have overlooked.
 Negotiating Skills
The overwhelming number of legal cases are settled out of court.
Defense and prosecutors negotiate agreements and take them to the
judge for his approval. The defense attorney must be able to make
the best possible deal for his client.
 Courtroom Demeanor
Courtroom proceedings are formal and proscribed. Working within the
legal setting, the defense attorney must be theatrical when
appropriate. He must not be intimidated by the judge or the
prosecutors.
 Perseverence
With dogged determination, the defense attorney must exploit every
avenue that is available to him to defend his client. He must pursue
every opportunity to sway the judge and jury if his case goes to court,
and, if his client is found guilty, he must exhaust all possible appeals.
 Analytical Skills

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 The defense attorney should have a sharp mind and be capable of
making quick judgments. Whether negotiating a settlement,
challenging the prosecution or making his arguments to the jury, the
defense attorney must be thinking all the time.
 Knowledge
Having knowledge of the intricacies of the law is vital to his
performance. So is his knowledge of the mannerisms and
personalities of the judges who preside over his cases and the
prosecutors who oppose him.
 Communications
The attorney is a skilled communicator. He is an excellent speaker
and uses his skill in and out of the courtroom. His writing skills are
also of the highest caliber which he demonstrates in his ability to write
briefs and other documents.
 Understands Police
The defense attorney is on good terms with the police. He understand
what they do and is able to extract information from them. His
knowledge helps him better understand the evidence against his
client.
 Caring
The defense attorney must care about his client, the client's family
and the consequences of the verdict. A guilty verdict, even with no jail
sentence, could affect the client's professional licenses and have
additional consequences if his immigration status comes into
question.

Family Law
1. Excellent communication skills
Your family law attorney should be an eloquent, confident speaker. A
good lawyer is should be both articulate and a good listener. This skill is
essential for arguing your case.
2. A good researcher
Preparation is vital; a good lawyer does their research ahead of time
to form a good strategy. They must be able to absorb and understand a
large amount of information and turn it into something useful for your case.
He or she should have excellent attention to detail and must be thorough,
accurate and meticulous to their work.
3. Knowledgeable
Experience and knowledge are key. Your lawyer must know all aspects of
family law. They also need to be knowledgeable about your needs, goals
and requirements.
4. People skills
In order to win a case, a family lawyer must be empathetic. Choose
an attorney that has a sense of belonging to family. A good lawyer must not
only know what your needs and goals are, they have to really comprehend
where you stand and what your position is.

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5. Integrity
A good family law lawyer should be honest with you about the
strengths and weaknesses of your family law case. Lawyers need to display
quality ethics and a high moral standard.

6. Cares about you

A good lawyer cares about their clients; good lawyers are concerned
about their client’s well-being. They should be encouraging and will show
genuine care throughout the process.

A good family attorney is passionate about their job and clients. He or

she should have a good heart that is always willing to help.

Admiralty (Maritime) Law

 Whether drafting briefs, contracts, or opinion letters, admiralty and
maritime lawyers need to have strong writing skills. Says Reuben ,
"You've got to be able to write well, to write persuasively, to analyze
issues effectively." Good communication skills are critical, as well, he
says. "You have to be able to tell your client what you think. You have
to give the good news with the bad."
 A keen interest in the area of admiralty and maritime law is important.
Arthur says that when he's hiring, he looks to see a commitment to
the industry and a commitment to the practice area. "I consider
whether candidates show a tenacity about serving clients in this
industry and whether they are up to date on this area of the law." Most
of all, he adds, "I like to see people who roll up their sleeves and work
hard."
 Admiralty lawyers often get to challenge their investigation skills.
Reuben explains that when seamen or cargo are damaged in an
accident, you have to be able to search out the facts. "You have to
know the right questions to ask in a deposition. You have to be able to
evaluate the credibility of witnesses." Marty Berkowitz adds that some
of the best investigation is done through listening carefully to and
asking the right questions of the client. "The challenge," he says, "is
helping the client to focus the issue."
 Good relationship-building skills are helpful to these lawyers who work
so closely with their clients. Reuben explains that the small, tightly knit
admiralty bar has a reputation for handling cases efficiently and with
great professionalism. He advises students to build relationships that
will last for the duration of their career.
 The flexibility to work with a wide range of issues is helpful to
admiralty law attorneys, as they handle a broad range of legal issues.

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 "Flexibility is the key," says Stephanie Cantor. "One day is chaos and
you have the legal adviser to the National Security Council on the
phone exploring what the Coast Guard thinks the limit of its authority
is and the next you're writing an appeal decision for a mariner whose
license was suspended for having a positive drug test." She adds,
"You just have to learn to roll with the punches."

Intellectual property Law

1. Communication skills
A patent attorney’s work relies on good communication skills, both
written and oral. You will need to be proficient with words in a range of
contexts, using them to define and describe; to explain and advise; to
instruct and to question; and above all, to persuade. You will have to
communicate with scientists and engineers; business people; other lawyers;
and tribunals such as courts and patent offices.
This variety is what makes the job so enjoyable, but it also demands
the ability to tailor your communication style to suit a particular type of
reader or listener. You are, in effect, an interpreter between three worlds –
technology, business and law – and you need to speak the language of
each.
Of course, communication is a two-way process, so you must also be
good at listening, at reading other people, and at learning from what you
hear.
You are unlikely to start out with the communication skills required of
a qualified patent attorney, but you should at least have a reasonable
degree of skill before you apply for your first job, and an enthusiasm for
communicating. Expect employers to test for this with written exercises and
interview questions.

2. The ability to work alone

Particularly in private practice, a patent attorney works alone

rather than as part of a team. You will therefore need to be able to manage
your own workload, motivate yourself to complete tasks on time and be
sufficiently self-critical to quality assess your output. Right from day one,
you will have to conduct private research and study, whether for your day to
day work or to get you through the qualifying exams.
If you are not keen on long periods alone, analysing and writing documents;
if you would rather not spend the rest of your life poring over textbooks,
court decisions, legal documents, scientific papers and of course patents,
then you should probably not become a patent attorney.

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3. A technical bent
You will need to be comfortable with technical information, possibly
over a wider range of technologies than you are used to. Even if you are a
biochemist, for example, you might still have to get to grips with the
chemistry behind a client’s new drug preparation process, or the
mechanical or electrical aspects of their new drug delivery device. You will
almost certainly need to understand basic engineering drawings, circuit
diagrams and flow charts, and of course graphs, spreadsheets and other
common data presentation formats.

To be good at the job, you should have an enquiring mind. You will
not initially understand every invention you come across, but you must be
able to ask the right questions and learn quickly, becoming just enough of
an expert to provide the legal assistance your client needs. It will also help if
your curiosity extends to the commercial aspects of your work: a patent
attorney should be as interested in the business context of a client’s
technology as in the science behind it.

4. Analytical skills

Patent attorneys have to analyse large amounts of information and

reach logical, well-reasoned conclusions. You will need to be clear-thinking
and rigorous in your analyses, critical of data and evidence and
comprehensive in your approach. Often you will need to get to grips with
both the details of a situation and its ‘big picture’ implications. And you will
need to process legal and commercial information as well as scientific.

5. An eye for detail

In this job, details matter; accuracy is essential. You really do have to

care about getting exactly the right word, phrase or definition – one that’s
precise, apt, exhaustive, unambiguous and indisputable. Start with your CV.
If you find details tedious, or if inaccuracies slip into your work despite
your good intentions, then this is not the job for you.

6. Lateral thinking
Patent attorneys have to be almost as creative as the inventors they
work with. Are there alternative ways of protecting this technology? What
will competitors do to avoid our patent? Is there another way of interpreting
this document? How can we get round this legal problem? Should I look at
this situation from another angle?

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7. Time management
You will have several pieces of work on the go at once, possibly for
different clients and in different technical fields. Some will be urgent, some
not; some large, some small; some complex and others relatively easy.
New instructions or queries could arrive at any time. And all of this work will
carry deadlines, whether legal deadlines or commercial ones driven by your
clients’ business needs.

As a patent attorney you will need to be organised. You will

have to work quickly, but without loss of accuracy. You must learn to
prioritise your caseload, to delegate where appropriate and to manage your
time efficiently so that all of your tasks get due attention and within the right
time-frame.

8. Stress management
How well do you cope under pressure? Can you maintain the quality
of your output even as the work piles on, the deadlines loom, the difficult
questions arise and the inevitable distractions threaten your plans? Can you
recognise the signs of stress and take evasive action?
We tend to learn stress management techniques through bitter
experience. But some people are inherently more susceptible to stress than
others, and their work more likely to suffer as a result. If that applies to you,
a career-long battle against stress could make you very unhappy.

9. & 10. And finally…

Because patent attorneys work alone and unsupported, because they
are constantly faced with new technology and new legal scenarios, because
they may have to stand before a tribunal – again, alone – and argue a
client’s case, or convey important but possibly unwelcome legal advice to
that client, because of all these things, you will need a good dose of self-
confidence. But start with a little, and build it up gradually. With greater
confidence in your abilities, there comes a greater need to recognise and
admit your limitations, and humility will be a valuable trait throughout your
career. A patent attorney is a service provider, after all: there will always be
plenty to learn from both colleagues and clients.

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3. Tony is charged as the accused in a case for Grave Threats before the
Municipal Circuit Trial Court of Samboan. Decide (with legal basis) if the
following non-lawyers can represent him before the court, and identify the
requirements needed, if any, to allow said representation:
A. Poblacion Brgy. Captain Stark who is Tony’s best friend and long time
neighbor.

Yes, Stark as Tony’s best friend can appear before the inferior court as a friend
appointed by Tony. Section 34, Rule 138 provides that in the court of a justice of
the peace, a party may conduct his litigation in person, with the aid of an agent or
friend appointed by him for that purpose, or with the aid of an attorney. The party
who wants to conduct his litigation with the aid of an agent or friend, the said party
must be a real party in interest or have legal standing: he “stands to be benefited or
injured by the judgment in the suit, or the party entitled to the avails of the suit”
(Rule 3, Section 2, Rules of Court; Baltazar v. Ombudsman).
B. Elizabeth, a fourth-year law student

Yes, Elizabeth as a fourth-year law student can be allowed to represent Tony before
the court. Provided, that all the requirements necessary were complied with.
Section 1, Rule 138-A of Rules of Court provides that “A law student who has
successfully completed his 3rd year of the regular four-year prescribed law
curriculum and is enrolled in a recognized law school's clinical legal education
program approved by the Supreme Court, may appear without compensation in any
civil, criminal or administrative case before any trial court, tribunal, board or
officer, to represent indigent clients accepted by the legal clinic of the law school.”

The requirements for such appearance are as follows:

1. Section 3 of the Revised Rules provides that: The law student has applied for
and secured the following certifications: (a) Level 1 certification, for law
students who have successfully completed their first-year law courses; and/
or (b) Level 2 certification, for law students currently enrolled for the second
semester of their third-year law courses: Provided however, where a student
fails to complete all their third-year law courses, the Level 2 certification
shall be deemed automatically revoked. (A.M. No. 19-03-24-SC)
2. The Level 1 certification issued under this provision shall be valid before all
courts, quasi-judicial and administrative bodies within the judicial region
where the law school is located. The Level 2 certification issued under this
provision shall be valid before all courts, quasi-judicial and administrative
bodies. (Section 5, Revised Rules)
3. The appearance of the law student authorized shall be under the direct
supervision and control of a member of the Integrated Bar of the Philippines
duly accredited by the law school. (Section 2, Rule 138-A, ROC) The rule,
however, is different if the law student appears before an inferior court,
where the issues and procedure are relatively simple. In inferior courts, a law
student may appear in his personal capacity without the supervision of a
lawyer. (Resolution dated June 10, 1997 in Bar Matter No. 730)
4. The law student shall comply with the standards of professional conduct
governing members of the Bar. (Section 4, Rule 138-A, ROC)

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 C. Tony himself.

Yes, Tony acts not as a counsel or lawyer but as a party exercising his right
to represent himself. In the case of Santos vs. Judge Ubalindo the Supreme Court
ruled that “the Rules of Court, Section 34, Rule 138, recognizes the right of an
individual to represent himself in any case in which he is a party. The Rules state
that a party may conduct his litigation personally or by aid of an attorney, and that
his appearance must be either personal or by a duly authorized member of the
Bar. The individual litigant may personally do everything in the progress of the
action from commencement to the termination of the litigation. A party’s
representation on his own behalf is not considered to be a practice of law as "one
does not practice law by acting for himself, any more than he practices medicine by
rendering first aid to himself."

In appearing for himself, complainant was not customarily or habitually

holding herself out to the public as a lawyer. Neither was she demanding payment
for such services. Hence, the person cannot be said to be in the practice of law.
(Maderade vs. Mediodea)

The individual litigant may personally do everything in the course of

proceedings from commencement to the termination of the litigation. Considering
that a party personally conducting his litigation is restricted to the same rules of
evidence and procedure as those qualified to practice law, petitioner, not being a
lawyer himself, runs the risk of falling into the snares and hazards of his own
ignorance. (Cruz vs. Judge Mijares)
Therefore, Tony can personally conduct the litigation of the cases. Tony is not
engaged in the practice of law if he represents himself in cases in which he is a
party. Tony does not become a counsel or l

4. Analyze whether the lawyers are allowed to appear / practice in the

situations below. Decide with reasons.
A. Atty. Peter, appearing in behalf of his mother, before barangay conciliation
proceedings.
Atty. Peter is not allowed to appear in behalf of his mother before barangay
conciliation proceedings.
Section 415 of the RA 7160 provides that “In all KatarungangPambarangay
Proceedings, the parties must appear in person without the assistance of
counsel or representative, except for minors and incompetents who may be
assisted by their next-of-kin who are not lawyers.”

B. Atty. Bruce, a Congressman, appearing in behalf of the petitioner in the

declaration of nullity of marriage case.

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 Atty. Bruce is not allowedto appear in behalf of the petitioner in the
declaration of nullity of marriage case.

Section 14 of Article of VI of The 1987 Constitution provides that “No Senator

or Member of the House of the Representatives may personally appear as
counsel before any court of justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies. Neither shall he, directly or indirectly,
be interested financially in any contract with, or in any franchise or special
privilege granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not intervene
in any matter before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office.”

C. Atty. Stephen, owner of ABC Lending Co., represents the company in small
claims cases against non-paying borrowers.

Atty. Stephen is not allowedto appear and represent the company in small
claims cases against non-paying borrowers.

Section 19 of The Revised Rules of Procedure for Small Claims Cases provides
that “No attorney shall appear in behalf or represent a party at the hearing,
unless the attorney is the plaintiff or defendant. If the court determines that a
party cannot represent his/her claim or defense and needs assistance, the court
may, in its discretion, allow another individual who is not an attorney to assist
that party upon the latter’s consent.’’

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MOVIE ANALYSIS
A "Few Good Men" is a nail-biting, suspenseful, sociological thriller that
presents a strong ethical dilemma. It entails a series of lies to blame two marines
whose lives are at the expense of a rookie lawyer.
The story is about the court martial of two marines Pfc Downey and Lance
Cpl. Dawson is charged with the murder of another marine PFC Santiago. The legal
team representing is comprised of Lt. Kaffee, who lacks experience and
enthusiasm to defend the case, his friend LTJG Sam Weinberg and Cmdr
Galloway, who believes there is more story behind the death.
The legal team starts by talking about the accusation with the marines who
appear to be less than enthusiastic to cooperate with their representation. The
marines are on a murder trial for carrying out code red order.
The code red refers to “code red” as a type of extrajudicial punishment used
for an alleged crime or offense, which is carried out without legal procedure.

Kaffe immediately jumps to a bargain plea to settle the case quickly. In legal
terms, a plea bargain allows a lawyer the freedom to negotiate on behalf of the
client. In return, the client pleads guilty to one charge, which means that the
second charge would be dropped. Such settlements seem quicker and easier,
whilst still providing the guilty verdict of the prosecution. Despite Kaffee's
frustration at their reluctance to give any details regarding the event, he is still
confused to pursue answers. His investigation leads him to the base where the
incident happened at Guantanamo Bay. He is faced with a different reality on the
base at the Guantanamo Bay where the enemy is waiting outside the fence,
waiting to shoot any officer they see. He is reminded of the increased dangers by
the base commander Col Jessup.
Two marines in Guantanamo Bay are charged with attacking fellow marine
in the middle of the night and killing him. This marine, Santiago, was by all
accounts screw up and he was so desperate to get out of Guantanamo that he
wrote to various high ranking officials begging for his release. He was so desperate
that he even proved willing to offer information about what he called illegal
fenceline shooting involving one of the marines charged with killing him.
Jessup is an egotistical and arrogant man, who while appearing to cooperate
with the legal team, still seems to be hiding details surrounding the young
marine’s mysterious death. the legal teams grow in curiosity helps them uncover
further details that point to the guilt not only the marines but also Jessup, who
ordered the code red.
The two marines were uncommunicative, Dawson and Downey, at first but
finally admitted to Kaffe that it was a code red that Henchman Jonathan Kendrick
came into their room and specifically ordered them to grab Santiago in the middle
of the night, tie him up and shave his head.
The marines are to face charges of murder, conspiracy to commit murder
and conduct unbecoming a marine.
The movie highlights a few ethical issues. One talks about ethical conduct,
acting by orders and duties. The first scene of the movie shows an order being

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carried out, hence the questions to be followed as to whether Dawson and
Downey do the correct by the following order.
In the movie, we encounter different characters of lawyers: Kaffe, who lacks
experience and wants things easy but eventually proved his principle to know the
truth, Weinberg, who gets with the idea of the other lawyers and Galloway, who
knows nothing much about law, incompetent and smugs her client in prison.
In the movie a riot of thoughts amongst the lawyers when they have Jessup
on the stand. Galloway convincing Kaffe to have Jessup admit the crime without
proper evidence, which is illegal and unethical and leads directly to court-martial.

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