Anactionforannulmentofcertificatesoftitletoproperty

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Unformatted text preview: t of his client, warmth and zeal in the defense of his rights. He must use all his learning and ability to the end that nothing can be taken or withheld from his client except in accordance with the law in support of his client’s cause, regardless of his own personal views. In the full discharge of his duties to his client, the lawyer should not be afraid of the possibiity that he may displease the judge to the general public.” D. Duty Four: Employ Honest Means and Do Not Employ Falsehood a. In the certification against forum shopping in a complaint for annulment of title, Atty. X does not mention an earlier case for a writ of possession over the same property where his client intervened to oppose the petition. GATCHALIAN Atty X should have mentioned in the certification that a writ of possession has been filed by the same client. Such action may mislead the judicial officer through a false statement of fact. Rule 10.01­ “A lawyer shall not do any falsehood, nor consent to the doing of any court; nor shall he mislead, or allow the court to be misled by any artifice.” Sec. (d) 20 Rule 138 ­ To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with the truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. An action for annulment of certificates of title to property into the issue of ownership of the land covered by a Torrens title and the relief generally prayed for by the plaintiff is to be declared as the land’s true owner. A writ of possession is a court order that grants the right of possession in any tangible property to a party that is not currently in possession. Sec. 5. Certification against forum shopping. – The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi­judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed b. In the notice of appeal, Atty. X gives the date of receipt by his client of the decision being appealed, not his own date of receipt because it is earlier. GUY sec 20. duties of attorney; d) To employ, for the purpose of maintaining the 8 causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; Atty x by reason of the time of notice being favorable to his client. Not even considering the facts actually happen violates his duty to become honest in performing his service and tend to mislead the court by reason of false statement of fact or law. Jurisprudence also states that notice to the lawyer of final order or reciept constitue notice to the his client. c. Atty. X, a notary public, has not renewed his commission after its expiry but continues to notarize documents. HAUTEA Rule 3.01 A lawyer shall not use false statement regarding his qualification or service. In making known his legal services, a lawyer “shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self­laudatory or unfair statement or claim regarding his qualification or legal services.” OR Canon 9­ A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law. Generally, to engage in practice of law is to do any of those acts which requires the application of law, legal principle, practice or procedure or calls for legal knowledge, training or experience. d. Atty. X was a former judge but he continues to use the title “Judge” as a practitioner, although he was dismissed from the judiciary. LESAVA Atty. X may be liable for not being honest in his representation as a judge. He was dismissed from the judiciary already which only leaves him as a practicing lawyer. Canon 3, Code of Professional Responsibility "A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information, or statement of facts." Rule 3.01 of the Code provides that, "A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self­laudatory or unfair statement or claim regarding his qualifications or legal services." e. Atty. X prepared the compromise agreement and signed it with his client. When the courthouse burned and no copy of the agreement could be fou...
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