Lawyer’s duty to the clients
Canon 14: A lawyer shall not refuse his service to the needy. 1) Not refuse his service to the needy It is settled that a lawyer is not obliged to act as counsel for every person who may wish to become his client. He has the right to decline employment subject, however, to the provisions […]
Lawyer’s duty to courts
a. Candor, fairness, and good faith towards the courts Canon 10: A lawyer owes candor, fairness and good faith to the Court. 1) Candor, fairness, good faith Candor towards the courts is a cardinal requirement of the practicing lawyer. In fact, this obligation to the bench for candor and honesty takes precedence. (Macias v. Selda, […]
Lawyer’s duty to the legal profession
a. Integrated Bar of the Philippines 1) Organization The Integrated Bar of the Philippines is the official national body composed of all persons whose names now appear or may hereafter be included in the Roll of Attorneys of the Supreme Court. (Section 1, Rule 139-A, Rules of Court) 2) Purposes The fundamental purposes of the […]
Lawyer’s duty to society
a. Respect for law and legal processes Canon 1: A lawyer shall uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes. As first edicts. It is no accident that these are the first edicts laid down in the Code of Professional Responsibility for these are a lawyer’s […]
Jurisdiction
1. Original vs. appellate a. ORIGINAL JURISDICTION Jurisdiction in civil cases: Regional Trial Courts shall exercise exclusive original jurisdiction: 1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation; 2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, […]
Doctrine of non-interference/judicial stability
1. IN GENERAL The doctrine of judicial stability or non-interference in the regular orders or judgments of a co-equal court is an elementary principle in the administration of justice: no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by […]
Principle of judicial hierarchy
1. CONCEPT Save for the single specific instance provided by the Constitution under Section 18, Article VII, cases the resolution of which depends on the determination of questions of fact cannot be brought directly before the [the Supreme Court] because we are not a trier of facts. [The Supreme Court is] not equipped, either by […]
Rule-making power of the Supreme Court
1. CONCEPT a. 1987 Constitution SECTION 5. The Supreme Court shall have the following powers: x x x (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall […]
Substantive law v. remedial law
1. SUBSTANTIVE LAW The Supreme Court’s sole prerogative to issue, amend, or repeal procedural rules is limited to the preservation of substantive rights, i.e., the former should not diminish, increase or modify the latter. (Estipona, Jr. v. Lobrigo, G.R. No. 226679. 15 August 2017) Substantive law is that part of the law which creates, defines […]