Practice Court Reviewer (JD 4-2).docx.pdf

PRACTICE COURT I NOTES By: JD 4-2 FORMAT: Font Style – Arial (Body) Font Size – 12 (body); 14 (title) OTHER FORMAT: Terminologies – bold Provisions – in a textbox or one cell table CHAPTER I - THE LAWYER AND THE LEG...

PRACTICE COURT I NOTES By: JD 4-2 FORMAT: Font Style – Arial (Body) Font Size – 12 (body); 14 (title) OTHER FORMAT: Terminologies – bold Provisions – in a textbox or one cell table CHAPTER I - THE LAWYER AND THE LEGAL PROFESSION DISCUSSION OF THE LEGAL PROFESSION The Legal Profession 1. The legal profession is a branch of administration of justice. 2. It is a profession whose main purpose is to aid in the doing of justice according to law between the state and the individual and between man and man. 3. A profession the practice of which is intimately connected and bound up with the exercise of judicial power in the administration of justice and is therefore affected with public interest. 4. It is not a business or a craft or trade. Anything which tends to debase this learned profession is at war with the public interest and contrary to public policy. DEFINITION OF ATTORNEY AND PRACTICE OF LAW Who is an attorney? 1. “Court’s Constituency.” Attorney’s at bar are properly termed as the “court’s constituency,” to aid in the administration of justice. 2. Licensed Officers of the court. Attorneys are a class of persons who are empowered to appear and prosecute and defend, and on whom peculiar duties, responsibilities, and liabilities are devolved by law in consequence. 3. Professional Role extends beyond the courtroom. It has also been said that a person acting professionally in legal formalities, negotiations, or proceedings, by the warrant or authority of his client, is an attorney at law within the usual meaning of the term. Practice of Law Practice - refers to the actual performance or application of knowledge as distinguished from mere possession of knowledge; it connotes an active, habitual, repeated or customary action.  Practice of Law - To practice law, or any profession for that matter, means to exercise or pursue an employment or profession actively, habitually, repeatedly or customarily. (Such practice would necessary require the application of legal knowledge or skill) Cayetano v. Monsod Facts: Atty. Christian Monsod was appointed as a Chairman of COMELEC. Monsod's appointment was opposed by Renato Cayetano on the ground that he did not qualify for he failed to meet the constitutional requirement of at least 10 years engagement in the practice of law. 1. Passed the bar in 1960. 2. Immediately after passing, worked in his father’s law firm for one year. 3. Thereafter, until 1970, he went abroad where he had a degree in economics and held various positions in various foreign corporations. 4. In 1970, he returned to the Philippines and held executive jobs for various local corporations until 1986. 5. In 1986, he became a member of the Constitutional Commission. Ruling: Atty. Monsod’s past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and the poor – verily more than satisfy the constitutional requirement – that he has been engaged in the practice of law for at least ten years. The practice of law extends far beyond court appearances, with most legal work occurring in law offices rather than courtrooms. General practitioners often spend more time on business counseling and other non-litigation tasks than on trials. Lawyers, whether generalists or specialists, engage in a variety of legal activities, including client counseling, advice-giving, document drafting, and negotiation. While some lawyers may focus exclusively on litigation, the majority of legal work requires a broad range of traditional legal skills that are applied in various contexts outside of the courtroom. Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. "To engage in the practice of law is to perform those acts which are characteristics of the profession. Generally, to practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill." WHO MAY PRACTICE LAW, EXCEPTION; WHAT CONSTITUTE PRACTICE OF LAW Any person heretofore duly admitted as a member of the bar, or thereafter admitted as such in accordance with the provisions of this Rule, and who is in good and regular standing, is entitled to practice law (Section 1, Rule 138). ONE WHO IS IN GOOD AND REGULAR STANDING good standing when one has no pending administrative cases before the court or IBP nor he be disciple by suspension or disbarment. regular standing when he is not declared a delinquent member either by IBP for failure to pay IBP dues, or MCLE office usually due to failure to attend the MCLE programs in accordance with the MCLE rules. after passing the Bar Examinations, one must take the Lawyer's oath and sign the roll of attorneys inorder to be a full-pledged lawyer. REQUIREMENTS FOR ADMISSION TO THE BAR: RULE 138 SECTION 2 1. Must be a citizen of the Philippines. 2. Atleast 21 years of age. 3. Of good moral character. 4. A resident of the Philippines. 5. Must produce before the Supreme Court satisfactory evidence of good moral character. 6. No charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. EXCEPTIONS: 1. Any official or other person appointed or designated in accordance with law to appear for the Government of the Philippines shall have all the rights of a duly authorized member of the Bar to appear in any case in which said government has an interest, direct or indirect (Sec. 33, Rule 138, Rules of Court). 2. In the court of a municipality 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. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar. (Sec. 34, Rule 138, Rules of Court). 3. In the municipal or metropolitan trial courts a litigant may be assisted by one who is not a lawyer. 4. In localities where authorized members of the Bar are not available, the court may appoint as counsel de oficio, in its discretion, admit or assign a person, residing in the province and of good repute for probity and ability, to aid the defendant in his defense, although the person so admitted or assigned be not a duly authorized member of the Bar (Sec. 7, Rule 116, Rules of Court).  5. Under Sec. 9, Act 2259 (Cadastral Act), the lot owner-claimant may be represented in the hearing by an agent who is not an attorney. 6. Any law student who has successfully complete 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 clicic of the law school (Rule 138-A, Rules of Court). DUTY TO THE COURT AND TO HIS/HER CLIENT An attorney is an officer of the court, with many rights and privileges, and, therefore, must accept his office cum onere. (Ruchenbrod v. Mullins, 144 ALR 839, also, In re: Juan T. Publico, 102 SCRA 722 as cited in Pamaran, 1972) As a member of the Bar and an officer of the courts, a lawyer is duty bound to uphold the dignity and authority of the court to which he owes fidelity according to the oath he has taken as such attorney, and not to promote distrust in the administration of justice. (Pamaran, 1972) The responsible and accountable lawyer A lawyer shall uphold the constitution, obey the laws of the land, promote respect for laws and legal processes, safeguard human rights, and at all times advance the honor and integrity of the legal profession. As an officer of the court, a lawyer shall uphold the rule of law and conscientiously assist in the speedy and efficient administration of justice. As an advocate, a lawyer shall represent the client with fidelity and zeal within the bounds of the law and the CPRA. (Canon 3, Section 2. A.M. No. 22-09-01-SC - April 11, 2023) Dignified Conduct A lawyer shall respect the law, the courts, tribunals, and other government agencies, their officials, employees, and processes, and act with courtesy, civility, fairness, and candor towards fellow members of the bar. A lawyer shall not engage in conduct that adversely reflects on one’s fitness to practice law, nor behave in a scandalous manner, whether in public or private life, to the discredit of the legal profession. (Canon 2, Section 2. A.M. No. 22-09-01-SC - April 11, 2023) Formal decorum and appearance A lawyer shall observe formal decorum before all courts, tribunals, and other government agencies. A lawyer’s attire shall be consistent with the dignity of the court, tribunal or other government agency, with due respect to the person’s sexual orientation, gender identity, and gender expression. (Canon 2, Section 7. A.M. No. 22-09-01-SC - April 11, 2023) Prohibition against misleading the court, tribunal, or other government agency. A lawyer shall not misquote, misrepresent, or mislead the court as to the existence or the contents of any document, argument, evidence, law, or other legal authority, or pass off as one’s own the ideas or words of another, or assert as a fact that which has not been proven. (Canon 2, Section 8. A.M. No. 22-09-01-SC - April 11, 2023) Duty to report dishonest, deceitful or misleading conduct A lawyer shall immediately inform a court, tribunal, or other government agency of any dishonest, deceitful or misleading conduct related to a matter being handled by said lawyer before such court, tribunal, or other government agency. A lawyer shall also report to the appropriate authority any transaction or unlawful activity that is required to be reported under relevant laws, including the submission of covered and suspicious transactions under regulatory laws, such as those concerning anti-money laundering. When disclosing or reporting the foregoing information to the appropriate court, tribunal, or other government agency, the lawyer shall not be deemed to have violated the lawyer’s duty of confidentiality. Any such information shall be treated with strict confidentiality. A baseless report shall be subject to civil, criminal, or administrative action. (Canon 2, Section 12. A.M. No. 22-09-01-SC - April 11, 2023) Improper claim of influence or familiarity A lawyer shall observe propriety in all dealings with officers and personnel of any court, tribunal, or other government agency, whether personal or professional. Familiarity with such officers and personnel that will give rise to an appearance of impropriety, influence, or favor shall be avoided. A lawyer shall not make claims of power, influence, or relationship with any officer of a court, tribunal, or other government agency. (Canon 2, Section 15. A.M. No. 22-09-01-SC - April 11, 2023) Instituting multiple cases; forum shopping A lawyer shall not knowingly engage or through gross negligence in forum shopping, which offends against the administration of justice, and is a falsehood foisted upon the court, tribunal, or other government agency. A lawyer shall not institute or advise the client to institute multiple cases to gain leverage in a case, to harass a party, to delay the proceedings, or to increase the cost of litigation. (Canon 2, Section 23. A.M. No. 22-09-01-SC - April 11, 2023) Prohibition against influence through social media A lawyer shall not communicate, whether directly or indirectly, with an officer of any court, tribunal, or other government agency through social media to influence the latter’s performance of official duties. (Canon 2, Section 42. A.M. No. 22-09-01-SC - April 11, 2023) Diligence and punctuality A lawyer shall diligently and seasonably act on any legal matter entrusted by a client. A lawyer shall be punctual in all appearances, submissions of pleadings and documents before any court, tribunal or other government agency, and all matters professionally referred by the client, including meetings and other commitments. (Canon IV, Section 3. A.M. No. 22-09-01-SC - April 11, 2023) Prompt and objective assessment of the merits A lawyer shall, after reasonable inquiry, promptly give an objective assessment of the merits and probable results of the client’s case. A lawyer shall explain the viable options to the client to enable an informed decision regarding the matter. (Canon IV, Section 5. A.M. No. 22-09-01-SC - April 11, 2023) Duty to update the client A lawyer shall regularly inform the client of the status and the result of the matter undertaken, and any action in connection thereto, and shall respond within a reasonable time to the client’s request for information. (Canon IV, Section 6. A.M. No. 22-09-01-SC - April 11, 2023) Freedom from improper considerations and external influences A lawyer shall not, in advocating a client’s cause, be influenced by dishonest or immoral considerations, external influences, or pressure. (Canon I, Section 3. A.M. No. 22-09-01-SC - April 11, 2023) Lawyer’s duty and discretion in procedure and strategy A lawyer shall not allow the client to dictate or determine the procedure in handling the case. Nevertheless, a lawyer shall respect the client’s decision to settle or compromise the case after explaining its consequences to the client. (Canon I, Section 5. A.M. No. 22-09-01-SC - April 11, 2023) Lawyer-client relationship A lawyer-client relationship is of the highest fiduciary character. As a trust relation, it is essential that the engagement is founded on the confidence reposed by the client on the lawyer. Therefore, a lawyer-client relationship shall arise when the client consciously, voluntarily and in good faith vests a lawyer with the client’s confidence for the purpose of rendering legal services such as providing legal advice or representation, and the lawyer, whether expressly or impliedly, agrees to render such services. (Canon 3, Section 3, A.M. No. 22-09-01-SC - April 11, 2023) Fiduciary duty of a lawyer A lawyer shall be mindful of the trust and confidence reposed by the client. To this end, a lawyer shall not abuse or exploit the relationship with a client. (Canon 3, Section 6, A.M. No. 22-09-01-SC - April 11, 2023) Protecting client confidences A lawyer shall not reveal the confidences of the client, including data from the client’s files, except; When a written informed consent is obtained from the client; When required by law, such as anti-money laundering statutes, or the Rules of Court; To the extent necessary, to collect the lawyer’s fees; In defense of the lawyer, or the lawyer’s employees or associates; or By judicial order, but only if material. (Canon 3, Section 28, A.M. No. 22-09-01-SC - April 11, 2023) Non-disclosure of privileged information through online posts A lawyer shall not reveal, directly or indirectly, in his or her online posts confidential information obtained from a client or in the course of, or emanating from, the representation, except when allowed by law or the CPRA. Duty to safeguard client confidences in social media A lawyer, who uses a social media account to communicate with any other person in relation to client confidences and information, shall exert efforts to prevent the inadvertent or unauthorized disclosure or use of, or unauthorized access to, such an account. Lawyer’s duty to encourage settlement A lawyer shall encourage the client to avoid, end or settle a controversy, whether pending or not, in order to reach a settlement or a compromise if the matter can be compromised under the law and will admit of a fair settlement. To this end, the lawyer shall actively assist the parties and the court, tribunal, or other government agency to effect mediation and/or dispute resolution. Duty to call client to rectify fraudulent act A lawyer who receives information that a client has, in the course of the representation, perpetrated a fraud in relation to any matter subject of the representation before a court, tribunal, or other government agency, or against any officer thereof, shall promptly call upon the client to rectify the same. Such fraudulent act on the part of the client shall be a ground for the termination by the lawyer of the engagement. Prohibition against conflict- of-interest representation; current clients In relation to current clients, the following rules shall be observed: A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless: 1. it is shown that the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client; 2. the client is advised in writing of the desirability of seeking, and is given a reasonable opportunity to seek, the advice of another independent lawyer on the transaction; and 3. the client gives written informed consent to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction. Prohibition against conflict- of-interest representation; current clients In relation to current clients, the following rules shall be observed:  (b) A lawyer shall not use confidential information relating to representation of a client without the client’s written informed consent, except as permitted or required by law or the CPRA. (c) A lawyer shall not, by undue influence, acquire any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer such gift, directly or indirectly. (d) Unless with the written informed consent of the client and subject to the application of the sub judice rule, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation. (e) A lawyer shall not accept compensation for representing a client from any person other than the client, unless: 1. the client gives written informed consent; 2. there is no interference with the lawyer’s independence or professional judgment or with the lawyer-client relationship; or 3. the information relating to representation of a client is protected as required by the rule on privileged communication. (f) A lawyer, who represents two or more clients in the same case, in case there is a settlement or plea-bargaining, shall disclose to all the clients the existence and nature of all the claims or pleas involved and the participation of each client in the settlement or plea-bargaining. (g) A lawyer shall avoid testifying in behalf of the client, except: 1. on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or 2. on substantial matters, in cases where the testimony is essential to the ends of justice, in which event the lawyer must, during the testimony, entrust the trial of the case to another counsel. Prohibition against conflict-of- interest representation; prospective clients. In relation to prospective clients, the following rules shall be observed: (a) A lawyer shall, at the earliest opportunity, ascertain the existence of any conflict of interest between a prospective client and current clients, and immediately disclose the same if found to exist. In case of an objection by either the prospective or current client, the lawyer shall not accept the new engagement.  (b) A lawyer shall maintain the private confidences of a prospective client even if no engagement materializes, and shall not use any such information to further his or her own interest, or the interest of any current client. Prohibition against conflict- of-interest representation; former clients In relation to former clients, the following rules shall be observed: (a) A lawyer shall maintain the private confidences of a former client even after the termination of the engagement, except upon the written informed consent of the former client, or as otherwise allowed under the CPRA or other applicable laws or regulations, or when the information has become generally known. (b) A lawyer shall not use information relating to the former representation, except as the CPRA or applicable laws and regulations would permit or require with respect to a current or prospective client, or when the information has become generally known. (c) Unless the former client gives written informed consent, a lawyer who has represented such client in a legal matter shall not thereafter represent a prospective client in the same or related legal matter, where the prospective client’s interests are materially adverse to the former client’s interests. Corporate lawyers; conflict of interest In relation to organizational clients, a lawyer who represents a corporation or any organization does not, by virtue of such representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary. A lawyer for a corporation or other organization, who is also a member of its board of directors or trustees, shall determine whether the responsibilities of the two roles may conflict. In the event of the latter, the lawyer shall disclose the conflict of interest to all concerned parties. Prohibition against dating, romantic or sexual relations with a client A lawyer shall not have dating, romantic, or sexual relations with a client during the engagement, unless the consensual relationship existed between them before the lawyer-client relationship commenced. Confidentiality of privileged communication A lawyer shall maintain the confidences of the client, and shall respect data privacy laws. The duty of confidentiality shall continue even after the termination of the lawyer- client engagement. Duty of confidentiality by former lawyers of a law firm A lawyer shall continue to be bound by the rule on confidentiality pertaining to clients of his or her previous law office or law firm. Prohibition against filial disclosure A lawyer shall not discuss a client’s confidences even with family members. Non-disclosure of legal consultation A lawyer shall not reveal that he or she has been consulted about a particular case except to avoid possible conflict of interest. Prohibition on lending and borrowing; exceptions During the existence of the lawyer-client relationship, a lawyer shall not lend money to a client, except under urgent and justifiable circumstances. Advances for professional fees and necessary expenses in a legal matter the lawyer is handling for a client shall not be covered by this rule. Neither shall a lawyer borrow money from a client during the existence of the lawyer-client relationship, unless the client’s interests are fully protected by the nature of the case, or by independent advice. This rule does not apply to standard commercial transactions for products or services that the client offers to the public in general, or where the lawyer and the client have an existing or prior business relationship, or where there is a contract between the lawyer and the client. Treatment of vulnerable persons In dealing with a client who belongs to a vulnerable sector, a lawyer shall be mindful and sensitive of, and consider the client’s special circumstances, as well as the applicable laws and rules. Standard of service A lawyer shall observe the same standard of service for all clients, regardless of remuneration, except for the higher standard required for representation of vulnerable persons. CHAPTER II - LITIGATION AND COGNATE CONCEPTS NATURE AND OBJECT OF LITIGATION The practice of Law under modern conditions consists in no small part of work performed outside of any court and having no immediate relation proceedings in court. It includes much more than the mere management of the prosecution and the defense of litigated cases (Commonwealth v. Wheeler) Litigation which has been aptly defined as a contest in a court of justice for the purpose of enforcing or seeking a remedy (Black’s law Dictionary). It ends legal controversies, determines the rights of the litigants and provides remedies and reliefs for the transgression of those rights. The ultimate end of the law is the conversation of rights. Litigation is a conservator of peace. It also establishes principles, lessens contention, promotes harmony, confidence and security. Thus, it is a refuge from violence, aggression and fraud. Litigation is the process of resolving disputes or legal issues through the court system. It involves parties presenting their case before a judge or jury to reach a legally binding decision. TRIAL DEFINE; TRIAL DISTINGUISH FROM JUDGMENT, FROM HEARING Trial can properly be called an element of a litigation but not quite synonymous to it. Trial is a process by which the right or remedy claimed is determined. Trial is the examination before a competent tribunal according to the laws of the land of the facts put in issue in a cause for the purpose of determining such issue (US v. Raymundo). It is a judicial examination and determination of issues between the parties to action, whether issue of law or fact, before a court that has the proper jurisdiction. It is a judicial investigation and determination of the issue between the parties to an action (Hamblin v. Superior Court). Trial as used in the Constitution includes hearing, reception of evidence, and other processes, such as decision in the first instance, appeal and final and executory decision in the last instance (Velasquez v. Director of Prisoners) Trial Distinguished from Judgment Differences Trial Judgment It is the examination before a It is the final ruling by a court of competent tribunal according to the competent jurisdiction regarding the Meaning laws of the land, of facts put in rights or other matters submitted to it in issue in a case for the purpose of an action or proceeding. determining such issue. Right to public Applies Does not apply and Speedy Trial Rodrigo Acosta vs. People It has been said that "trial and judgment are two different stages of a judicial proceeding: the former is provided for in Rule 115 (now Rule 119), and the latter is covered by Rule 116 (now Rule 120), of the Rule of Court. (Talabon v. Iloilo Prov. Warden, 78 Phil., 600). And "the period of the trial terminates when the judgment begins" (Felismino vs. Gloria, 47 Phil., 967). Additional Notes: Judgment is normally synonymous with decision. Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability, if any. (Sec. 1, Rule 120, ROC, as amended) Formal Requisites of Judgment 1. Written in official language; 2. Personally and directly prepared by the judge; 3. Signed by the judge; and 4. Contains clearly and distinctly a statement of the facts and the law upon which it is based. (Sec. 1, Rule 120, ROC, as amended) Case Digest of Acosta vs. People Doctrine: Criminal Procedure; Right to Speedy Trial; Trial and judgment two different stages of a judicial proceeding.—Trial and judgment are two different stages of a judicial proceeding: the former is provided for in Rule 115, and the latter is covered by Rule 116, of the Rules of Court (Talabon vs. Iloilo Provincial Warden, 78 Phil. 600). The period of the trial terminates when the judgment begins (Felismino vs. Gloria, 47 Phil. 697). Facts & Ruling: An information for malversation of public funds thru reckless negligence was filed, with the Court of First Instance of Bukidnon, against petitioner Rodrigo Acosta, for having allegedly made, as Provincial Treasurer of Bukidnon, "irregular and excessive purchases of supplies, materials, equipment and printed forms from private dealers for the use of the province", The trial under this second amended information, in connection with which Acosta and Avila had entered a plea of not guilty, began on June 19, 1952 and ended on July 28, of the same year. However, the trial Judge, Hon. Jose P. Veluz, retired from the service without having decided the case. His successor in office, Hon. Vicente Abad Santos, Judge, "found the transcript of 482 pages prepared by stenographer Celestino Suarez" replete with "omissions and also inaccuracies which had been indicated by means of marginal ". Hence, Suarez was ordered to further transcribe what had thus been omitted Meanwhile, Judge Abad Santos had resigned leaving the case undecided. He was succeeded in office by Hon. Abudio Arrieta, Judge, who, on October 27, 1958, rendered a decision convicting the defendants as charged. Both defendants appealed from this decision to the Court of Appeals and urged the same to acquit them upon the ground, among others, that said decision was based on incomplete and tampered transcript, upon which a conviction beyond reasonable doubt could not be predicated. Acosta, moreover, claimed that his constitutional right to a speedy trial had been violated. On July 2, 1960, the Court of Appeals rendered its decision, from which we quote:... on the basis of available transcript, (which originally contains 482 pages and when retranscribed and corrected it consists of 658 pages), indicating that irregularities in taking the notes and in transcription thereof were committed, we can not see our way clear to pronounce either were conviction or acquittal in this case. WHEREFORE, the record of this case is ordered remanded to the court of origin for retrial and another judgment be rendered in accordance with the evidence that the parties concerned may desire to present. Acosta sought a reconsideration of this decision, which was denied. Hence, his present appeal by certiorari. Petitioner maintains that the Court of Appeals erred in ordering a retrial, instead of acquitting him, not only because he had been deprived of the constitutional right to a speedy trial, but, also, because a retrial would be impractical, oppressive and expensive, apart from amounting to a denial of justice, for a principal witness for the defense, one Justiniano B. Castillo, had allegedly died on December 24, 1957, and his other witnesses may no longer be available.  It should be noted that the original information in this case was filed on January 2, 1951 and that the trial of the reception of the evidence for both parties commenced on June 19, 1952 and was finished on July 18 of the same year. Petitioner does not contend that there has been any undue delay in this part of the proceedings. His alleged deprivation of the right to a speedy trial is anchored on the fact that the decision of the lower court was rendered over six (6) years later. In this connection, the Court of Appeals aptly observed:... True enough that judgment was pronounced after almost six years. But "the constitutional right to a public and speedy trial does not extend to the act of pronouncement of sentenced" (Reed vs. State, 147 Ind., N. E., 135, 136). It has been said that "trial and judgment are two different stages of a judicial proceeding: the former is provided for in Rule 115, and the latter is covered by Rule 116, of the Rule of Court. (Talabon v. Iloilo Prov. Warden, 78 Phil., 600). And "the period of the trial terminates when the judgment begins" (Felismino vs. Gloria, 47 Phil., 967). Therefore, and since the accused did not avail themselves of the writ of mandamus to compel the trial judge or his successor to pronounce the corresponding judgement, it may be said in the light of the ruling laid down in the case of Talabon vs. Iloilo Prov. Warden, infra, that they had waived their right to a speedy trial. Indeed: No general principle fixes the exact time within which a trial must be had to satisfy the requirement of a speedy trial. The right to a speedy trial is necessarily relative; it is consistent with delays, and whether such a trial is afforded must be determined in the light of the circumstances of each particular case as a matter of judicial discretion. It is generally said that a speedy trial is one had as soon after indictment as the prosecution can with reasonable diligence prepare for it, regard being had to the terms of court, a trial conducted according to fixed rules, regulations and proceedings of law, free from vexations, capricious, and oppressive delays. One accused of crime is not entitled to a trial immediately on his arrest or accusation, he must wait a regular term of the court until an indictment is found and presented if the case is one wherein the trial is on indictment, and until the prosecution has had reasonable time to prepare for the trial. (22 C.J.S., 715-716.) Under constitutional provision securing to accused "the right to a public trial", or a "speedy trial", is has been held that the formal declaration of sentence is no part of the trial. (24 C.J.S., 16.) Moreover, the delay in the rendition of the decision of the court of first instance was due to circumstances beyond the control of the judges who presided the same. Judge Veluz, who received the evidence, was automatically retired owing to his age. Judge Abad Santos, who succeeded him, could not decide the case because he found the transcript to be inaccurate and he had to make disciplinary measures in order to compel stenographer Suarez to retranscribe his notes. By the time this was done, Judge Abad Santos was no  longer in the service. Hence, his successor Judge Arrieta was the one who rendered the decision of the lower court. Trial Distinguished from Hearing Trial Trial is one of the stages in a hearing Hearing Embraces several stages of litigation including the pre-trial stage. Trocio vs. Labayo A hearing “does not necessarily mean presentation of evidence.” It could cover the determination of whether an accused is entitled to bail or the submission for the court’s determination of a motion to dismiss, or any motion for that matter. Additional Notes: In simpler terms, trial is only a part of hearing. Hearing is not confined to trial but embraces several stages of litigation including the pre-trial stage. Case Digest of Trocio vs. Labayo Doctrine: Constitutional law; Due process; Pre-trial; Failure to specify the word “pre-trial” in the notice of hearing does not deprive party of day in court.—No merit attaches to the contention of petitioner that the notice as to the hearing scheduled for October 14 should specify that it was for a pre-trial. A hearing as known to the law is not confined to a trial but embraces the several stages of litigation. It does not preclude pre-trial. A hearing “does not necessarily mean presentation of evidence.” It could cover the determination of whether an accused is entitled to bail or the submission for the court’s determination of a motion to dismiss, or any motion for that matter. It does not admit of doubt then, considering furthermore what did transpire, that such a purely technical objection on the part of petitioner raised at the last moment should not be taken too seriously. Much less does it lay any basis for an asserted denial of procedural due process. Facts & Ruling: There is no dispute as to what transpired. On August 11, 1964, petitioner filed in the Court of First Instance of Misamis Oriental a petition for certiorari and prohibition with preliminary injunction against respondents to set aside decision of respondent Abelardo Subido dismissing him from the position of Municipal Treasurer of Mambajao, Camiguin, which is being enforced by the other respondents on the ground of its nullity. It was his contention that the charges against him for neglect of duty, grave misconduct and oppression in office were not duly proved, there being a denial of a motion for postponement on his part, thus infecting the proceedings with grave infirmity. There was, on August 15, 1964, a written opposition to the issuance of a writ of preliminary injunction,  and on August 27, 1964, an answer to such petition wherein it was stressed that petitioner had been granted by the investigating officer six postponements of the hearing of the case to afford him a chance to engage the services of counsel. Then came on September 10, 1964, a notice to the parties that the case had been set for hearing on October 14 of that year, a copy thereof being served on petitioner's counsel. Upon that case being called on that date, there was a motion on the part of petitioner's counsel to set the case for pre-trial. The provincial fiscal who represented the respondents informed the Court that he was ready for the pre-trial but, if no amicable agreement was reached, the trial proper should be conducted, as his witnesses had come all the way from Manila and expenses in the amount of about P400.00 had been incurred by the government. Counsel for petitioner was adamant, however, insisting that the notice of hearing as such was null and void. When the Court inquired as to where the petitioner was, counsel answered that he was in Cebu City, upon his own advice, on the assumption that a hearing on the merits could not be held. No merit attaches to the contention of petitioner that the notice as to the hearing scheduled for October 14 should specify that it was for a pre-trial. A hearing as known to the law is not confined to a trial but embraces the several stages of litigation. It does not preclude pre-trial. Outside of the American cases cited2 by respondents, mention can be made of authorities in this jurisdiction that speak to the same effect. A hearing "does not necessarily mean presentation of evidence." It could cover the determination of whether an accused is entitled to bail or the submission for the court's determination of a motion to dismiss, or any motion for that matter. It does not admit of doubt then, considering furthermore what did transpire, that such a purely technical objection on the part of petitioner raised at the last moment should not be taken too seriously. Much less does it lay any basis for an asserted denial of procedural due process. SCOPE OF TRIAL IN CIVIL CASE AND IN CRIMINAL CASE Scope of Trial Order Commencement Terminated Upon admission of the evidence, the The plaintiff shall adduce evidence in case shall be deemed submitted for Civil Cases support of his complaint decision, unless the court directs the (Sec. 5(a) Rule 30 of ROC) parties to argue or to submit their respective memoranda or any further  pleadings. (Sec. 5(a) Rule 30 of ROC) Upon admission of the evidence of the The prosecution shall present parties, the case shall be deemed Criminal evidence to prove the charge and, in submitted for decision unless the court Cases the proper case, the civil liability. directs them to argue orally or to submit (Sec. 11(a) Rule 119 of ROC) written memoranda. (Sec. 11(d) Rule 119 of ROC) Additional Notes: RULE 30 TRIAL (Civil Procedure) Section 5. Order of trial. — Subject to the provisions of Section 2 of Rule 31, and unless the court for special reasons otherwise directs, the trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows: (a) The plaintiff shall adduce evidence in support of his or her complaint; (b) The defendant shall then adduce evidence in support of his or her defense, counterclaim, cross-claim and third-party complaint; (c) The third-party defendant, if any, shall adduce evidence of his or her defense, counterclaim, cross-claim and fourth-party complaint; (d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them; (e) The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence in support of their defense, in the order to be prescribed by the court; (f) The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case; and (g) Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsel, the court shall determine the relative order of presentation of their evidence. RULE 119 Trial (Criminal Procedure) Section 11. Order of trial. — The trial shall proceed in the following order: (a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. (b) The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of a provisional remedy in the case. (c) The prosecution and the defense may, in that order, present rebuttal  and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. (d) Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. (e) When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified. (3a) COURT DEFINE, JURISDICTION, VENUE DEFINE Court Defined. A court is a governmental body officially assembled under authority of law at the appropriate time and place for the administration of justice through which the state enforces its sovereign rights and powers (21 CJS 16). It is a board or tribunal which decides a litigation or contest (Hidalgo vs. Manglapus, 64 O.G. 3189). Distinguish a court from a judge. Under the law, the following are marked distinctions between a court and a judge: (a) A court is a tribunal officially assembled under the authority of law; a judge is simply an officer of such tribunal (Wagenhorst v. Philadelphia Life Insurance Co., 358 Pa. 55,55A2d 762, cited by Black’s 5th Ed.). (b) A court is an organ of the government (Black’s, 5th Ed., 318) with a personality separate and distinct from the person or judge who sits on it (People v. Carlos, 78 Phil. 535, 543). (c) A court is a being in imagination comparable to a corporation, whereas a judge is a physical person (People ex rel. Herndon v. Opekl, 188 III 194, 58 NE 996, cited by Black’s, 5th Ed.). (d) A judge is a public officer (Todd v. United States, 158 US 278, 39 L Ed 982, 15 S ct. 889, cited by Black’s, 5th Ed.) while a court is an office. (e) Jurisdiction does not attach to the judge but to the court. The continuity of a court and the efficacy of its proceedings are not affected by the death, resignation, or cessation from the service of the judge presiding over it. In other words, the judge may resign, become incapacitated, or be disqualified to hold office, but the court remains. Courts are created either by the Constitution or by law. In the Philippines, the Supreme Court and the Sandiganba-yan are the only ones provided for in the Constitution and therefore, can not be abolished without amending the Consti-tution. All other courts starting from the Court of Appeals down are of statutory creation and, therefore, may be abolished at anytime by the legislature. What is Jurisdiction? Jurisdiction is the power and authority of the court to hear, try and decide a case (Conchada vs. Director of Prisons, 31 Phil. 94), and to carry the sentence or judgment of the court into execution. (Morando vs. Rovira, 2 ACR 811). There are different aspects of acquiring jurisdiction in civil and criminal case. In criminal cases, the concurrence of the following requisites is necessary before a court may validly hear or try a case, and pass judgment thereon: (1) jurisdiction over the subject matter or offense; (2) jurisdiction over the territory where the offense was committed; (3) jurisdiction over the person of the accused (People vs. Rivera, G.R. No. 07263-CR, April 27, 1970). On the other hand, jurisdiction in civil cases requires the presence of three elements: (1) jurisdiction over the subject matter; (2) jurisdiction over the person of the parties, or over the res in case of non-resident defendant; and (3) the point decided must be in substance and in effect within the issues presented in the pleading. What is Venue? Venue is the geographical division in which an action is brought to trial, or the place of trial for a criminal action, a civil action or special proceeding (40 Cyc. 1011). Stated briefly, a venue is the place where an action must be instituted and tried. Venue is a place or geographical area where an action is to be filed and tried. (a) It can only be objected to before the other party files a responsive pleading (Answer); (b) It may be waived by: 1. Failure to object through a motion to dismiss or through an affirmative defense; or 2. Stipulation of the parties; and Here, the complaint cannot be dismissed by the court motu proprio based on improper venue. It is not one of the grounds wherein the court may dismiss an action motu proprio. Since it is an affirmative defense which the defendant may raised in his or her answer seasonably, else it is deemed waived. However, the venue becomes jurisdictional only in criminal cases. Where the information is not filed in the place where the offense was committed, the information may be quashed for lack of jurisdiction over the offense charge. DISTINGUISH VENUE AND JURISDICTION Jurisdiction Venue Authority or the power itself Territorial Limit - Jurisdiction is the authority itself of - Venue simply defines the the court to hear, try, and decide a geographical division or place case where an action must be instituted and tried. Substantive Matter of Procedure - Jurisdiction is a matter of - Venue is "the place of trial or substantive law. Thus, an action geographical location in which an may be filed only with the court or action or proceeding should be tribunal where the Constitution or a brought." In civil cases, venue is a statute says it can be brought. matter of procedural law. A party's Objections to jurisdiction cannot be objections to the venue must be  waived and may be brought at any brought at the earliest opportunity stage of the proceedings, even on either in a motion to dismiss or in appeal. When a case is filed with a the answer; otherwise the court which has no jurisdiction over objection shall be deemed waived. the action, the court shall motu When the venue of a civil action is proprio dismiss the case. improperly laid, the court cannot motu proprio dismiss the case. - Wrong venue is merely a procedural infirmity, not a jurisdictional impediment. Conferred by law and cannot be May be conferred by parties except in changed or waived by the parties criminal cases where venue is jurisdictional - Venue is a matter of convenience for litigants. For civil cases, there are instances where the proper venue can be waived or changed. However, there are instances where venue is specified and is decisive in determining whether the court can proceed – such as in criminal cases where venue is a matter of law and not simply a matter of procedure. - While rules are provided as to where a civil case must be filed, the other party must object to an improper venue, otherwise, the objection is deemed waived and the court can proceed. This is because the venue is simply a matter of convenience and not a matter of jurisdiction. - Examples: Under Rule 4 of the Revised Rules of Civil Procedure, the venue of a civil case depends on whether the action is a real or personal action. If it affects title to or possession of real property, or interest therein, it is a real action. The action should be filed in the proper court which has jurisdiction  over the area wherein the real property involved, or a portion thereof, is situated. - If the action is a personal action, the action shall be filed with the proper court where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff. Examples of personal actions are collection of sums of money, damages, or injunction. - Venue is waivable, because it simply arranges for the convenient and effective transaction of business in the courts. It does not relate to the court’s power to hear the case. They are designed to ensure a just and orderly administration of justice. Sample Case: PEOPLE OF THE PHILIPPINES VS. ANGELO O. MONTILLA G.R. No. 241911. February 08, 2023 Facts: On 2004, several persons were criminally charged including Montilla with double murder before the RTC-Cotabato City for the killing of Escobia and Palmes-Lustre on 2003 in Buluan, Maguindanao.Montilla filed a Petition for Change of Venue in SC claiming that the prosecutors and the Presiding Judge in Sultan Kudarat and Cotabato City are biased against him. The petition was granted and the venue of the trial of the case was transferred from RTC-Cotabato City to the RTC-Davao City. RTC-Davao City motu proprio DISMISSED the criminal charges against Montilla and Lapuz for lack of probable cause based on the evidence presented during the preliminary investigation.Petitioner argues that RTC-Cotabato has the jurisdiction over the case because once a court acquires jurisdiction over a subject matter, the court retains authority over the same until finality of judgment. Issue: Whether RTC-Davao City acquires jurisdiction over the case? Ruling: Yes. In the City of Lapu-Lapu v. Philippine Economic Zone Authority, “Jurisdiction is a matter of substantive law. Thus, an action may be filed only with the court or tribunal where the Constitution or a statute says it can be brought. On the other hand, venue is a matter of procedural law. Venue simply refers to the physical or geographical location where court proceedings will be held.” In the present case, when the RTC-Davao City dismissed the criminal case against Lapuz, it did not overstep the jurisdiction of the RTC-Cotabato City because the jurisdiction over the said criminal case remained with the RTC of the territory or province where the crime or any of its essential elements occurred. The change of venue from Cotabato City to Davao City was sanctioned by the Supreme Court. The RTC­-Cotabato City was divested of its jurisdiction to decide the criminal case. BASIC COURT SYSTEM IN THE PHILIPPINES; FOUR LEVELS OF HIERARCHY In the Philippines the regular courts engaged in the administration of justice are organized into four (4) levels. First level: Metropolitan Trial Courts, Municipal Trial Courts (in cities or municipalities) and Municipal Circuit Trial Courts. Second level: Regional Trial Courts and the Family Courts. Third level: Court of Appeals. Fourth level: Supreme Court. Note: We have however, a special court known as the Sandiganbayan which is of the same level as that of the Court of Appeals. The judicial power is vested in these courts collectively known as the Judiciary. As thus organized, they comprise what is referred to as the Integrated Judicial System. A. First Level Courts Courts of the first level are essentially trial courts. They try and decide only the particular type or classes of cases specified by law. Each city and municipality in the Philippines has its own trial court. These First Level Courts are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC). The MeTCs are the first level courts in the Metropolitan Manila area. First level courts in cities outside Metropolitan Manila are referred to as the MTCCs. The MTCs are first level courts that cover only one municipality, whereas MCTCs cover multiple municipalities. B. Second Level Courts Regional Trial Courts are also known as Second Level Courts, which were established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates. RTCs were formerly called as the Court of First Instance since the Spanish era. It was only in the Judiciary Reorganization Act of 1980 that its name was changed from being called the Court of First Instance to Regional Trial Court. They are courts of general jurisdiction; they try and decide not only the particular classes or kinds of cases assigned to them by law, but also those which (although not so assigned) are not otherwise within the jurisdiction of courts of the first level (or any other tribunal). C. Third Level Courts 1. Court of Appeals At the third level is the Court of Appeals. It is essentially an appellate court (not a trial court), reviewing cases appealed to it from the Regional Trial Courts. It may review questions of fact or mixed questions of fact and law. The Court of Appeals was established on February 1, 1936 by virtue of Commonwealth Act No. 3 and is considered as the second highest tribunal in the country. It is composed of one presiding justice and 68 associate justices, all of which are appointed by the President from a shortlist submitted by the Judicial and Bar Council. The associate justices shall have precedence according to the dates (or order, in case of similar appointment dates) of their respective appointments. The qualifications for the justices of the Supreme Court also apply to members of the Court of Appeals. The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all cases not falling within the original and exclusive jurisdiction of the Supreme Court. Its decisions are final except when appealed to the Supreme Court on questions of law. The jurisdiction of the Court of Appeals are as follows: 1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction; 2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and  3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission. The Court of Appeals shall also have the power to try cases and conduct hearings, receive evidence and perform acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or proceedings. Occasionally, the Court of Appeals may act as a trial court. Thus in actions praying for the annulment of final and executory judgments of Regional Trial Courts on the ground of extrinsic fraud subsequently discovered, against which no other remedies lies. 2. Sandiganbayan Also at the third level is the Sandiganbayan having jurisdiction of all criminal and civil case involving graft and corrupt practices act, and such other offenses committed by public officers and employees including those in government-owned or controlled corporation in relation to their office as may be determined by law. It has also exclusive appellate jurisdiction over final judgments, resolutions or orders of regional trial courts, whether in the exercise of their own original or appellate jurisdiction over criminal and civil cases committed by public officers or employees including those in government-owned and controlled corporations in relation to their office. D. Fourth Level Court Supreme Court The Supreme Court is the hightes court of the land. It is a review court. It is the court of last resort, for no appeal lies from its judgments and final orders. In the context of the Integrated Judicial System, it exercises appellate jurisdiction over cases decided by the Sandiganbayan, Court of Appeals or Regional Trial Courts. As a rule, only questions of law may be raised in appeal to it. The Supreme Court has both original and appellate jurisdiction. It exercises original jurisdiction (cases are directly filed with the SC in the first instance without passing through any of the lower courts) over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (Art. VIII, §5(1)). It also has original jurisdiction over writs of amparo, habeas data and the environmental writ of kalikasan. It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm final judgments, and orders of the lower courts in: 1. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction,  ordinance, or regulation is in question. 2. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. 3. All cases in which the jurisdiction of any lower court is in issue. 4. All criminal cases in which the penalty imposed is reclusion perpetua or higher. 5. All cases in which only an error or question of law is involved. The Supreme Court has administrative supervision over all courts and court personnel. (Article VIII, §6) It exercises this power through the Office of the Court Administrator. Composition of the Supreme Court The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, in its discretion, in divisions of three, five, or seven members. (Art. VIII, §4) Its members shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy, without need of confirmation by the Commission on Appointments. (Art. VIII, §9) Members of the Supreme Court are required to have proven competence, integrity, probity and independence; they must be natural-born citizens of the Philippines, at least forty years old, with at least fifteen years of experience as a judge of a lower court or law practice in the country. (Art. VIII, §7) Justices shall hold office during good behavior until they reach the age of seventy years, or become incapacitated to discharge the duties of office. (Art. VIII, §11) CHAPTER III - EMBARKING ON THE PRACTICE OF LAW LAWYER'S OPTION An attorney is faced with the dilemma of whether to practice alone or to engage in it in association with other lawyers or as an associate of a reputable law firm. Choice is largely personal. Points to consider are the following: 1. Professional: Your work environment, career growth, and daily responsibilities. 2. Social: Your interactions with others, both personally and professionally. 3. Economic: Your income, financial stability, and expenses.  1. PRACTICING ALONE; ADVANTAGES (INDEPENDENCE OF ACTION, RUSHED TO EXPERIENCE, PROJECTING OWN IMAGE; DISADVANTAGES (LACK OF EXPERIENCE, LACK OF GUARANTIES, LACK OF CONFIDENCE) Advantages: 1. Independence of Action ○ A new lawyer working as an associate can go to different lawyers to seek advice. Mentorship or guidance based on their expertise. In case of big ○ Independence of action is one of the key advantages of solo practice for new lawyers. This means that as a solo practitioner, a lawyer has the complete freedom to make decisions regarding how to handle a case, choose legal strategies, and interact with clients without needing to seek approval from a superior or conform to a law firm's established practices. The lawyer answers only to their client and their own ethical standards. ○ When a new lawyer practices independently, they have the autonomy to determine the best course of action based on their understanding of the law and the unique circumstances of each case. This freedom allows them to be innovative and take calculated risks that they believe are in the best interest of their clients. They are not constrained by the hierarchy or protocols that might exist in a larger law firm, where decisions often have to go through several layers of approval. The lawyer's judgment, creativity, and personal approach to the law are fully in play, making their practice more personalized and adaptable. 2. Rushed to Experience ○ In solo practice, a new lawyer is often thrust into situations where they must rely solely on their own skills and judgment, leading to rapid professional growth. Without colleagues or superiors to consult, they are responsible for every aspect of their practice, from legal research to courtroom representation. This necessity to manage all tasks independently forces the lawyer to (1) learn quickly, (2) adapt to challenges, and (3) refine their legal abilities at an accelerated pace. ○ The lack of a support system in solo practice can be daunting, but it also becomes a powerful catalyst for development. The lawyer must take full responsibility for the quality and accuracy of their work. This means they must delve deeply into legal research, meticulously prepare documents, and thoroughly analyze every possible outcome of a case. The constant need to self-check and ensure the correctness of their work sharpens their legal reasoning and attention to detail. Over time, this rigorous process helps the lawyer build a robust foundation of experience and knowledge, turning them into a seasoned practitioner much faster than they might in a more supportive, but less demanding, environment. 3. Projecting Own Image ○ One of the significant advantages of solo practice for new lawyers is the ability to project their own image and build their personal reputation directly. When a lawyer practices independently, any recognition or success they achieve is entirely their own. Their name is prominently  associated with their work, whether in legal publications, court records, or among clients and peers. This is different from being an associate in a law firm, where the credit often goes to the firm as a whole rather than to the individual lawyer. ○ In solo practice, every case the lawyer handles is an opportunity to establish and enhance their personal brand. When they win a case or successfully represent a client, it is their name that appears in legal publications like the Official Gazette, Philippine Reports, or the Supreme Court Reports Annotated (SCRA). These publications are widely read and respected in the legal community, and having one's name associated with a well-handled case can significantly boost a lawyer's reputation. This visibility is crucial for career growth, as it leads to greater recognition, more referrals, and a stronger professional standing. Disadvantages: 1. Lack of Experience ○ One of the major disadvantages of solo practice for new lawyers is the lack of experience, which can lead to uncertainty and hesitation in their actions. When a lawyer is just starting out, they often lack the practical, hands-on experience that seasoned practitioners have gained through years of work. This inexperience can make them doubt their decisions, hesitate in court, and feel less confident in handling complex legal matters. ○ In law school, new lawyers gain a solid foundation in legal principles and theory, but this academic knowledge does not fully prepare them for the realities of legal practice. Real-world legal work requires not only understanding the law but also applying it effectively in dynamic and often unpredictable situations. For example, navigating court procedures, negotiating with opposing counsel, and making strategic decisions during a trial are skills that are honed through practice and experience. ○ When practicing alone, new lawyers don’t have the benefit of immediate mentorship or guidance from more experienced colleagues. A new lawyer must rely solely on their judgment, which can be challenging and lead to second-guessing their actions. Without the benefit of tested experience in court, the new lawyer may struggle to feel confident, even if they are technically well-prepared. 2. Lack of Facilities ○ One significant disadvantage of solo practice for new lawyers is the lack of access to necessary facilities and resources. Setting up a law practice requires more than just legal knowledge—it also demands a physical office, essential supplies, technology, and often support staff. However, many new lawyers, especially those who faced financial challenges during their education, may struggle to afford these basic but crucial tools of the trade. ○ Starting a solo practice usually involves substantial upfront costs. A well-equipped law office typically includes office space, furniture, legal research databases, computers, printers, copiers, and other office  supplies. Additionally, hiring personnel like a secretary or paralegal can be essential for managing administrative tasks and allowing the lawyer to focus on legal work. Unfortunately, for new lawyers who are just beginning their careers, these expenses can be prohibitive, especially if they don’t have significant financial backing. ○ Without these resources, a new solo practitioner may find it challenging to compete with established law firms that have the advantage of well-furnished offices, sophisticated technology, and experienced staff. This can impact their ability to attract clients, manage their workload efficiently, and present a professional image. The lack of proper facilities may also mean that the lawyer has to handle everything on their own, from answering phones to filing documents, which can be time-consuming and detract from their ability to focus on the legal aspects of their practice. 3. Lack of Confidence ○ One of the significant disadvantages of solo practice for new lawyers is the lack of confidence that prospective clients and even judges may have in them due to their inexperience. When someone is faced with a serious legal issue—whether it’s a matter involving their life, liberty, or a substantial financial stake—they are naturally inclined to seek out a lawyer who has a proven track record. New lawyers, particularly those practicing solo, often struggle to convince potential clients and judges of their capability simply because they lack the experience that comes with years of practice. ○ Clients tend to be cautious when selecting a lawyer, especially for critical cases. They often associate experience with competence, assuming that a lawyer who has handled numerous cases will be better equipped to navigate the complexities of the legal system and provide effective representation. This bias towards experience can make it difficult for new lawyers to attract clients, as people may fear that the inexperience of a new lawyer could jeopardize the outcome of their case. ○ Judges, too, might unconsciously favor more seasoned lawyers. In court, where arguments and legal strategies play a crucial role, a judge may be more receptive to a lawyer who has a history of successful cases and is known for their legal acumen. The perception is that experienced lawyers have a deeper understanding of the law, courtroom procedures, and the nuances of persuading a judge. This can put new lawyers at a disadvantage, as they may struggle to command the same level of respect or authority in the courtroom. 2. AS AN ASSOCIATE OR ASSISTANT; ADVANTAGES AND DISADVANTAGES Advantages: 1. Receive proper advice and counsel ○ A new lawyer working as an associate can go to different lawyers to seek advice. Mentorship or guidance based on their expertise. In case of big and known law firms, the prestige associated with these firms also  benefits attorneys' resumes because they are connected with well-reputed lawyers and can help them to better opportunities in case they decide to leave the firm and venture on to a different career path. 2. All contemplated actions are examined and tested ○ 1.In a law firm setup, all the actions of associates must be approved by their seniors and managers and sometimes even the partners. Hence, less mistakes on the part of the new lawyer. He or she can also manage expectations, for example during court appearances since the new lawyer can ask his seniors as to what they experienced and what they did in certain situations. This will help them boost their confidence. 3. Can consult more experienced lawyers at any time ○ Since there are at least a minimum of 3 lawyers in a law firm, associates have the liberty of asking questions and can seek advice anytime. There will always be a seasoned lawyer available for consultation. 4. Can browse through prior pleadings and papers ○ In the preparation of pleadings and other papers, a new lawyer can check the pleadings of the old cases and pattern his own pleading to it. This will save time and effort, and of course another learning opportunity for the lawyer as to how his or her way of writing pleadings and other papers can be improved. 5. Exposure to different cases ○ Since a law firm handles multiple cases at the same time, an associate will never run out of research and cases to handle. This can give him both good and bad experience, which will equip him with the necessary experience and expertise within a short period of time. 6. Constant exposure to actual court practice ○ A lawyer hired in a firm is exposed to actual court practice. This will help the associate get used to defending in court, acquiring the confidence and the characteristics of a seasoned lawyer. Disadvantages 1. Reduce self to being a mere employee of the firm ○ This disadvantage is connected to different things. By being a mere employee of a firm, the associate has no independent judgment. All his actions will be scrutinized and need to course through several approvals. From the senior, to the manager then lastly to the partner. In the same way, the pleadings and appearances of an associate in court are all in the name of the law firm – not in his name. Hence, it might be harder to establish his own branding. Things to consider in establishing a law office 1. Dignified office ○ This is important because it is where his client would unburden himself of his problems. Thus, the room for the secretary must be separate. This is in line with the Code of Professional Responsibility and Accountability that a lawyer has the duty of keeping matters divulged by his or her clients in a  confidential manner and that a lawyer or law firm shall be responsible for the mistakes, negligence, and/or acts or omissions of a subordinate lawyer, paralegal, or employee under the lawyer’s direct supervision and control, who is acting within the scope of the assigned tasks, that cause damage or injury which brings dishonor to the profession or violates the rule on confidentiality. 2. Working library ○ The library need not be a full-blown library. It is sufficient that it contains basic books on the law the lawyer deals with most often, like codals and if possible, annotated books. 3. Necessary equipment ○ Of course, to provide efficient services, the law office must have the necessary equipment such as computers, telephones and copiers. 4. Accessible location ○ The office must be in an accessible place and as much as possible - it must be its permanent location. This is beneficial to the lawyer because if his law office is accessible to courts, he can save transportation expenses. Being in an accessible location also means clients can easily go to the law office when seeking legal services.. 3. WHICH IS PREFERABLE - LAW OFFICE; CONTACT WITH CLIENTS It is no secret that being an associate in a law firm is not as financially rewarding than those who are in government or private practice. However, what sets it apart is the experience that comes with being an associate because an associate gets extensive training on different areas and aspects of the law. As previously mentioned, he or she gets the exposure in a short period of time. One can treat it as an investment that would be very useful in the long run. Based on these, it would seem that being an associate is the way to go – in terms of experience. On the other hand, if the lawyer chooses the path of solo practice, he will have full control over his actions, including choosing cases, clients and work hours. Solo practicing lawyers tend to have fewer clients, allowing them to dedicate more time and attention to each case. However, as previously mentioned,, the choice of delving into solo practice or to be an associate is merely personal. It would depend on the ultimate goal of the individual. Contact with Clients Of course, there is no law practice without clients. A lawyer must be: 1. A good social mixer. He must be able to mingle with different organizations and different kinds of people so as to create and maintain contact with clients.  2. He must have active participation in the activities of the organizations like the Integrated Bar of the Philippines since a lawyer can meet members of the bench and bar from different legal areas with whom he may exchange ideas and views on legal issues and latest developments on the law and jurisprudence. There are also times when opportunities are present here, like for example a referral of a case from another lawyer who cannot handle the same for some reason. CHAPTER IV - THE LAWYER'S RETAINER AND FEES RETAINER; ITS NATURE AND NECESSITY Retainer is the act of a client by which he engages an attorney to manage for him a cause in which he is a party, or otherwise generally to advise him as counsel, and as the securing of an attorney-at-law to perform professional services in the business of another in such manner that he cannot engage himself to, or perform any service in the employment in the interest of, the opposing party, or in any manner do anything in the business prejudicial to the party employing him [7 CJS 845; see also, Fajardo vs. Kapisanan ng mga Manggagawa, 8 C.A. Rep. (2nd series) 1156). The authority of an attorney begins with his retainer, but the relation of attorney and client is not dependent on the payment of a fee, nor is a formal contract necessary to create this relationship. The contract may be implied from the conduct of the parties. The employment is sufficiently established when it is shown that the advice and assistance of the attorney are sought and received in matters pertinent to his profession. The employment of a firm of lawyers is equivalent to the retainer of each of the partners, although only one of them is consulted; conversely, employment of one member is generally deemed to be the employment of the firm (7 Am Jur 105). The retainer may either be general or special. General retainers have for their object the securing beforehand of the services of a particular attorney or counselor for any emergency that may afterward arise; they have no reference to any particular service, but taken in the whole range of possible future contention which may render attorneyship necessary or desirable; counsel thus retained is not at liberty to accept employment or render service adversary to the interest of the client retaining him (7 CJS 845). A special retainer, on the other hand, has reference to a particular case, or to a particular service; it, however, imposes obligations pro hac vice, equally binding with those enjoined by a general retainer; it forbids the acceptance of an adver-sary, employment, or the performance of adversary services (ibid.). RETAINING AND OTHER PROFESSIONAL FEES Arce vs Philippine National Bank, 62 Phil 569 While the law is a profession, not a business, a lawyer is at the same time a professional man, and as such, is entitled to have and to recover from his clients reasonable compensation for his services. He may charge and receive and receive from his client a reasonable amount of engagement or retaining fee and such other compensation as may be commensurate to the services already rendered or yet to be performed. C. Alcantara & Sons, Inc. vs Diaz, CE No. 46651-R, March 24, 1980; Hilado vs David, 84 Phil. 579 Retaining Fee - fee given to a counsel on being consulted or engaged in order to insure his future services. It is a preliminary fee given to induce the lawyer to act for the client and to compensate him for being deprived of the opportunity to be employed by adverse parties. FIXING AMOUNT OF FEES Arce vs Philippine National Bank, 62 Phil 569 For while a lawyer may be pardoned for a little exaggeration with respect to his professional abilities, a similar clemency might not be appropriate when dealing with a lawyer’s audacity in the matter of charging exorbitant fees. Lawyering is a profession, not a business, and any act of a lawyer smacking of avarice for pecuniary rewards is anathema to the concept of law as a calling devoted to the dispensation of justice. Furthermore, from a practical standpoint, it is instructive to note that a lawyer who overcharges invariably pushes his clients to seek legal services somewhere else while one who undercharges usually makes himself appear as a cheap shyster. Delgado vs Dela Rama, 43 Phil. 419 a) The amount and character of the services rendered; the labor, time, and trouble involved; the nature and importance of the litigation or business in which the services were rendered; b) the responsibility imposed; c) the anount of money or value of the property affected by the controversy or involved in the employment; d) the skill and experience called for in the performance of the services; e) the professional character and social standing of the attorney;  f) the results secured, and whether or not the fee is absolute or contingent, it being a recognized rule that an attorney may properly charge a much larger fee when it is to be contingent than when it is not. NOTE: The financial ability of the defendant may also be considered by the jury, not to enhance the amount above a reasonable compensation, but to determine whether or not he is able to pay a fair and just compensation for the services rendered, or as an incident in ascertaining the importance and gravity of the interests involved in the litigation. Arce vs Philippine National Bank, 62 Phil 569 The standing of a lawyer is not enhanced by quibbling relative to just fees, equivalent to the bargaining had between a prospective purchaser and a merchant in the market before a sale is made Section 14; Canons of Professional Ethics Suing a client for a fee. -- Controversies with clients concerning compensation are to be avoided by the lawyer so far as shall be compatible with his self respect and with his right to receive reasonable recompense for his service; and lawsuits with the clients should be resorted to only to prevent injustice, imposition or fraud. Perez vs Scottish Union, 42 O.G. 2803 Unless forced by the insolence or intolerable attitude of clients, lawyers should not resort to actions to recover compensation because such actions create an impression that they are mercenary CHAPTER V - INVESTIGATION OF THE FACTS AS NECESSITY OF KNOWING FACTS THOROUGHLY No lawyer should venture to go to trial without a thorough and comprehensive knowledge of what the case is all about, i.e., the factual issues raised or expected to be raised by the parties and the provisions of the law involved or apposite to the litigation. To do otherwise is to invite a visitation of disaster upon his reputation as a lawyer in practice and, more immediately, on the cause of his client, whose interest he is, by law and by duty, enjoined to protect. A lawyer cannot be expected to adequately prosecute or defend a cause in court without arming himself with full and comprehensive information about it. To belabor the point further, the lawyer should investigate the factual elements, as well as the legal elements involved in the controversy. As exhaustively as possible, every attorney must have cognizance of the legal provisions and precepts which may have a bearing, no matter how tangentially, on the particular question or questions each individual case raises. The law has no application in a vacuum. Law, to have life and significance, must relate to the facts. Factual clarity, needless to say, is of greatest importance in the application of a legal principle. One small change in the factual situation may present a contrary or different result or bring into play an entirely different legal doctrine. Knowing facts thoroughly is crucial for a lawyer for several reasons: 1. Building a Strong Case: Accurate and comprehensive knowledge of facts allows a lawyer to construct a solid argument, anticipate counterarguments, and present evidence effectively. 2. Credibility and Trust: Clients and courts rely on lawyers to provide accurate information. Thorough knowledge of facts enhances a lawyer’s credibility and fosters trust with clients, judges, and juries. 3. Strategic Planning: Understanding all the details helps lawyers develop effective strategies, whether it’s negotiating settlements, cross-examining witnesses, or presenting closing arguments. 4. Legal Compliance: Lawyers must ensure that their actions and advice comply with legal standards and ethical guidelines. Thorough knowledge of facts helps avoid legal pitfalls and ensures adherence to the law. 5. Effective Communication: Lawyers need to communicate complex information clearly and persuasively. Knowing the facts inside out enables them to explain legal issues to clients, judges, and juries in an understandable manner. SOURCES OF FACTS Gathering of data on/ your client The client is the most fertile source of information material to his cause. "Rule number one-let him talk.” Do not interrupt him. Let him tell all about his troubles-everything that comes to his mind. Do not interrupt his flow of language. Interruption may disturb his thought-processes, or cause him to miss something which might be vital to the case at hand. Ask Questions Not only for the purpose of making the narrative cohere but also to elicit from the client other material facts that may have been omitted. The occasion also furnishes the attorney the opportunity to test the accuracy of the data given by the client. Subjecting the client to cross examination will not only bring to light the witness' candor and factual accuracy at the same time that it purges his narration of bias and prejudice, but will also expose his testimonial idiosyncracies. For accuracy and ready reference, a record of the interview with the client ought to be made. At the conclusion of the interview, it is oftentimes necessary to warn the client against making public pronouncements about the merits of his case. Secondary sources: Documents, public as well as private, are likewise second sources of data. Witnesses, other than the client, are a vital source of information. Efforts should be exerted in tracking down persons who have knowledge of the facts surrounding the controversy and, if possible, enlist them into the client's cause. Case: People v. Tumalip (G.R. No. L-28451 October 28, 1974) In this murder case, the statement of the witness given immediately after the incident carries a badge of sincerity because by that time he had as yet no time to reflect and fabricate a story. The SC held that the witness’ statement is admissible and may be considered as part of the res gestae, for it was made almost immediately after the startling occurrence. In interviewing witnesses, the lawyer must always set his mind to the following aims: One, to find out all the facts known to the witness, as well as his interpretation thereof; two, to secure a written record of the facts to refresh the witness recollection later on, or to impeach him if he goes against his previous statements; and, three, to befriend the witness. No further belaboring is necessary to point out the desirability of satisfying these ends. Usually overlooked, is the importance of physical objects as a source of significant information. An ocular inspection of the scene of the crime or of the physical lay-out of the place subject-matter of a controversy, is often rewarded with the discovery of certain facts which may prove valuable to the client's case. Use of Technology Dactylography or the study of fingerprints has since established itself as the most reliable method of personal identification. What has been said of dactylography equally applies to other applied sciences like Questioned Documents, Ballistics, Forensic Chemistry, Photography and Pathology. In falsification and forgery cases, courts have since recognized the value of expert evidence furnished by a questioned document examiner. Incidentally, while polygraphy-lie detection through the use of a contraption vulgarly known as lie-detector-has not as yet gained acceptance as a reliable method of deter- mining the truthfulness and candor of a witness, still its utilization by lawyers in fact-gathering is recommended. Scientific tests indicate a relatively low margin of error in the results of lie-detector examinations, so that even though said results are inadmissible in evidence, the lawyer may do well to utilize polygraphy in gathering reliable information. PERIODIC CONSULTATION WITH CLIENTS From time to time, the lawyer must be in consultation with the client. As the lawyer investigates and gathers facts from all possible sources, he should apprise the client of what he is doing for the latter so that he may be able to check whatever data he had thus far accumulated against those in the possession of the client. Periodic consultation with the client does not only give the client a sense of importance – which in itself is productive of trust and confidence in the ability and diligence of the lawyer – but also enables the latter to make a thorough assessment of the facts which is of utmost importance in preparing a case. Canon IV. Competence and Diligence Section 6. Duty to update the client. A lawyer shall regularly inform the client of the status and the result of the matter undertaken, and any action in connection thereto, and shall respond within a reasonable time to the client’s request for information. CASES Vda. de Enriquez vs. San Jose In this case, a lawyer is suspended from the practice of law for six months and ordered to return a sum of money to his client after being found guilty of negligence and failure to file the appropriate civil case, resulting in the prescription of the client's action for unlawful detainer. The Court held that when a lawyer takes a client’s cause, he or she covenants that he or she will exercise due diligence in protecting the latter’s rights. Failure to exercise that degree of vigilance and attention expected of a good father of a family makes the lawyer unworthy of the trust reposed in him or her by his or her client and makes him or her answerable not just to his or her client but also to the legal profession, the courts and society. Ramirez v. Buhayang-Margallo In this case, A lawyer is suspended from the practice of law for two years after her negligence and failure to fulfill her duties as legal counsel resulted in the dismissal of her client's appeal, violating the Code of Professional Responsibility. It was discussed in this case that a problem arises whenever agents, entrusted to manage the interests of another, use their authority or power for their benefit or fail to discharge their duties. In many agencies, there is information asymmetry between the principal and the entrusted agent. That is, there are facts and events that the agent must attend to that may not be known by the principal. This information asymmetry is even more pronounced in an attorney client relationship. Lawyers are expected not only to be familiar with the minute facts of their cases but also to see their relevance in relation to their causes of action or their defenses. The salience of these facts is not usually patent to the client. It can only be seen through familiarity with the relevant legal provisions that are invoked with their jurisprudential interpretations. More so with the intricacies of the legal procedure. It is the lawyer that receives the notices and must decide the mode of appeal to protect the interest of his or her client. Sison v. Dumla In this case, a lawyer is reprimanded for violating the Code of Professional Responsibility by failing to inform and provide updates to a client regarding the status of their annulment case. It is provided in this case that while respondent may later refuse to represent complainant, as in this case when she was requested by complainant’s mother-in-law to refrain from interfering in complainant’s domestic issues, it was still incumbent upon respondent to inform complainant that she would no longer be able to represent him… When complainant asked respondent for an update on his case on February 26, 2014, respondent did not inform him that she would no longer be connected with the case due to conflict of interest, even though she was approached by complainant’s mother-in-law sometime before November 2013. It was only when she filed her Answer35 before the Integrated Bar of the Philippines that complainant learned of the reason why respondent would not be representing him. This Court has stated that “[t]he fact that one is, at the end of the day, not inclined to handle the client’s case is hardly of consequence.” Respondent’s duty as a lawyer compels her to act not only with diligence, but with candor as well. She should have been upfront with complainant once she decided that she would no longer interfere in complainant’s troubles… INVESTIGATION OF THE PROSPECTIVE ADVERSARY'S CASE The same diligence observed by the attorney in the investigation of his client’s case must be applied by him in investigating the position of the prospe