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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
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
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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- Fall '14