[1st HW] experience.

Generally, to practice law is to render any kind of service

which requires the use of legal knowledge or skill. Appearance in court or
any tribunal, legal counseling or legal advice, and drafting legal documents
1. Define Legal Ethics. are examples of practice of law.

Legal Ethics is a branch of moral science which treats of the duties which a 7. What are the requirement for admission to the bar? (C2GRMN)
member of the legal profession owes the public, to the court, to his Every applicant for admission as member of the bar must
professional brethren and to his clients.

2. What are the seven rules which govern the ethical behavior of a (a) be a citizen of the Philippines
lawyer? (b) at least 21 years of age
(c) of good moral character
a. The Philippine Constitution
b. The Rules of Court (d) a resident of the Philippines
c. The Civil Code (e) and must produce before the Supreme court a satisfactory
d. Special Statutes evidence of good moral character
e. The Code of Professional Responsibility
f. New Code of Judicial Conduct
(f) and no charges against him of crimes involving moral turpitude
g. Supreme Court Decisions having been filed or are pending in any court in the Philippines.

3. Why is the legal profession not a trade or business? 8. May the legislature enact a law that will control the Supreme Court
in the performance of its function to decide who may enjoy the
The practice is a profession and not a trade or business where profit is the privilege of practicing law?
main motive. It is devoted to public service. Legal services are limited to
those who are trained and are proficient in substantive and procedural law.
NO, the power of the SC in deciding who may enjoy the privilege of
4. What is ambulance chasing? practicing law is written in the constitution. The legislature should
respect the identity of the judiciary and should not enact laws that
Ambulance chasing is an act of solicitation of almost any legal business by affect the SC's powers.
an attorney whether personally or through an agent in order to gain
employment.
9. What is the effect of loss of Filipino citizenship on the privilege to
5. Who may practice law in the Philippines? practice law in the Philippines?

A person duly admitted to the bar in accordance with the procedural law The loss of Filipino citizenship ipso jure terminates the privilege to
with good and regular standing may be able to practice law in the practice law in the Philippines. The practice of law is a privilege denied
Philippines. to foreigners except when Filipino citizenship is lost by reason of
naturalization as a citizen of another country but subsequently re
6. Define practice of law. acquired pursuant to RA 9225.

The practice of law means any activity in or out of court which

requires the application of law, legal procedure, knowledge, training, and
 A lawyer who reacquires Filipino citizenship pursuant to RA 9225 can
resume aid of an attorney must first secure authority from the c. Retaking of the lawyer’s oath.
Supreme Court upon compliance with the following:
14. In general, who can appear and handle cases in court? What are the
a. The updating and payment in full of annual membership ties in the exceptions?
IBP; payment of professional tax;
b. Completion of at least 36 credit hours of mandatory continuing legal In general only those who are licensed to practice law can appear and
education and handle cases in court. The following are the exceptions:
c. Retaking of the lawyer’s oath.
a. Before the MTC, a party may conduct his case in person with the aid
of an agent or friends appointed by him for that purpose or with the
10. Are foreigners allowed to practice law in the Philippines? aid of an attorney.

NO, the practice of law is a privilege denied to foreigners except when b. Before any other court, a party may conduct his litigation personally
Filipino citizenship is lost by reason of naturalization as a citizen of but if he gets someone to aid him, that someone must be an
another country but subsequently re acquired pursuant to RA 9225. authorized member of the bar.

(11-13) c. In criminal cases before the MTC – in a locality where a duly licensed
member of the bar is not available, the judge may appoint a non-
11. What is the effect of reacquisition of the Philippine citizenship lawyer who is
under RA 9225 on the privilege to practice law? a) a resident of that province
12. Is there an automatic right to resume law practice after b) of good repute for probity and ability to defend the accused.
reacquisition of Filipino citizenship?
13. Requirements for resuming.
d. Student Practice Rule - a law student who has successfully
The practice of law is a privilege denied to foreigners except when completed his 3rd year of the regular 4-year prescribed law curriculum
Filipino citizenship is lost by reason of naturalization as a citizen of and is enrolled in a recognized law school’s clinical legal education
another country but subsequently re acquired pursuant to RA 9225. program approved by the SC may appear without compensation in any
civil, criminal, or administrative case before any trial court, tribunal,
A lawyer who reacquires Filipino citizenship pursuant to RA 9225 can board or officer to represent indigent clients accepted by Legal Clinic
resume aid of an attorney must first secure authority from the of the law school. A student shall be under the direct supervision and
Supreme Court upon compliance with the following: control of the member of the IBP duly accredited by the law school if
he appears in the RTC and without such supervision if he appears in an
a. The updating and payment in full of annual membership dies in the inferior court.
IBP; payment of professional tax;
15. Can a corporation practice law?
b. Completion of at least 36 credit hours of mandatory continuing legal
education and NO. A corporation cannot practice law in/directly by employing a
lawyer to practice for it or to appear for others for its benefit.
 However, the corporation may hire a lawyer to handle a case for or b. Neither can he allow his name to appear in such pleading by itself or as
against them. part of a firm name under the signature of another qualified lawyer
because the signature of an agent amounts to signing of a non-qualified
16. Who are the public officials who cannot practice law in the senator or congressman, the office of an attorney being originally of
Philippines? (JOGPCOGT) agency and because he will, by such act, be appearing in court or quasi-
judicial or administrative body in violation of the constitutional restriction.
The following are public officials who cannot practice law in the
Philippines: 19. What are the restrictions in the practice of law by Sanggunian
a. Judges and other officials or employees of the superior court. members?
b. Officials and employees of the Office of the Solicitor General
c. Government prosecutors Under the Local Government Code, Sangguniang members shall not:
d. President, Vice President, members of the cabinet, their deputies
and assistant a. Appear as counsel before any court in any civil case wherein a local
e. Chairmen and members of the Constitutional Commissions government unit or any office, agency or instrumentality of the
f. Ombudsman and his deputies government is the adverse party
g. Governors, city and municipal mayors
h. Those who by special law are prohibited from engaging in the b. Appear as counsel in any criminal case wherein an officer or employee
practice of their legal profession. of the national or local government is accused of an offense committed in
relation to his office
17. Who are the public officials with restrictions in the practice of law?
(SSRC) c. Collect any fee for their appearance in administrative proceedings
a. Senators and members of the House of Representatives involving the local government unit of which he is an official.
b. Sangunian members
c. Retired Justice or Judge (w/in one year from the date of retirement. d. Use property and personnel of the government except when the
The magistrate cannot practice law in the particular court where he sangguniang member concerned is defending the interest of the
performed his judicial duties. government.
d. Civil service officers or employees without permit from their
respective department heads. 20. Is a Punong Barangay forbidden to practice his profession?
Is prior authorization required from the Head of Government?
18. What are the restrictions in the practice of law on the members of
the legislature? No, he is not forbidden to practice his profession.

a. A lawyer member of the legislature is prohibited from appearing as Yes, he needs to secure prior permission or authorization from the head
counsel before any courts of justice, electoral tribunals or quasi-judicial of his Department, as required by the civil service regulation.
and administrative bodies. The prohibition includes the mere filing of a
motion or any pleading.
21. What are the restrictions in the practice of law by retired justices and 24. What is the rule when the accused is charged with grave and less
judges? grave offenses?

As a condition of the pension provided under RA No. 910, no retiring

justice or judge of a court of record or any city or municipal judge during
the time that he is receiving said pension shall appear as counsel before 25. What are the four-fold duties of lawyers? (SLCC)
any court in:
Lawyers must perform their fourfold duties to the society, the legal
a. Any civil case wherein the government or any subdivision or profession, the courts and their clients in accordance with the values and
instrumentality thereof is the adverse party norms of the legal profession.

b. Any criminal case wherein an officer or an employee of the government …………………………………………………………………………………………………………………

is accused of an offense committed in relation to his officer

c. Collect any fees for his appearance in any administrative proceedings

to maintain an interest averse to the government, provincial or municipal
or to any of its legally constituted officers.

22. What is the rule in handling of civil cases?

In civil cases, an individual litigant has the right to handle his case
personally.

23. If the accused is charged with an offense punishable by more than 30

days of imprisonment, can he defend himself without the assistance
of counsel?

YES.

If the accused is charged with an offense punishable by more than six

months of imprisonment, can he defend himself without the
assistance of counsel?

NO, if he is charged with an offense punishable by more than 6

months imprisonment, he must be defended by counsel.
[2nd HW] CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS
DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
1. When was the Code of Professional Responsibility (CPR)
promulgated by the Supreme Court? 4. The Canons of the CPR shall apply to lawyers in government service.
This is provided under what Canon of the CPR.
June 21, 1988.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT
2. Enumerate the four (4) Chapters of the CPR. SERVICES IN THE DISCHARGE OF THEIR TASKS.

 Chapter 1 – The Lawyer and the Society Rule 6.01 - The primary duty of a lawyer engaged in public
 Chapter 2 – The Lawyer and the Legal Profession prosecution is not to convict but to see that justice is done. The
 Chapter 3 – The Lawyer and the Courts suppression of facts or the concealment of witnesses capable of
 Chapter 4 – The Lawyer and the Client establishing the innocence of the accused is highly reprehensible
and is cause for disciplinary action.
3. By engaging in forum shopping, what Canon was violated by a
lawyer? (Teodoro III v. Gonzales) Rule 6.02 - A lawyer in the government service shall not use his
public position to promote or advance his private interests, nor
As held in Teodoro III v. Gonzales, Forum shopping exists when, as allow the latter to interfere with his public duties.
a result of an adverse decision in one forum, or in anticipation thereof, a
party seeks a favorable opinion in another forum through means other Rule 6.03 - A lawyer shall not, after leaving government service,
accept engagement or employment in connection with any matter
than appeal or certiorari.
in which he had intervened while in said service.
There is forum shopping when the elements of litis pendencia are 5. A lawyer-director of the PCSO retired in 2009. A lotto outlet in Metro
present or where a final judgment in one case will amount to res judicata Manila offered him a consultant position in recognition of his help in
in another. They are as follows: (a) identity of parties, or at least such establishing the lotto outlet. May he be allowed to accept the
parties that represent the same interests in both actions, (b) identity of position offered him? (Rule6.03, CPR)
rights or causes of action, and (c) identity of relief sought.
In engaging in forum shopping, Atty. Gonzales violated Canon 1 of the NO. Rule 6.03 - A lawyer shall not, after leaving government service, accept
Code of Professional Responsibility which directs lawyers to obey the laws engagement or employment in connection with any matter in which he
of the land and promote respect for the law and legal processes. He also had intervened while in said service.
disregarded his duty to assist in the speedy and efficient administration of
justice, and the prohibition against unduly delaying a case by misusing 6. What are the MCLE requirements?
court processes.
Member of the IBP, unless exempted under Rule 7, shall complete every 3
years at least 36 hours of continuing legal education activities:
(a) At least six (6) hours shall be devoted to legal ethics equivalent to six (6) incumbent court lawyers covered by the Philippine Judicial
Academy program of continuing judicial education;
credit units.
(d) The Chief State Counsel, Chief State Prosecutor and Assistant
(b) At least four (4) hours shall be devoted to trial and pretrial skills
Secretaries of the Department of Justice;
equivalent to four (4) credit units.
(e) The Solicitor General and the Assistant Solicitors General;
(c) At least five (5) hours shall be devoted to alternative dispute resolution
(f) The Government Corporate Counsel, Deputy and Assistant
equivalent to five (5) credit units. Government Corporate Counsel;
(d) At least nine (9) hours shall be devoted to updates on substantive and (g) The Chairmen and Members of the Constitutional
procedural laws, and jurisprudence equivalent to nine (9) credit units. Commissions;

(e) At least four (4) hours shall be devoted to legal writing and oral (h) The Ombudsman, the Overall Deputy Ombudsman, the
Deputy Ombudsman and the Special Prosecutor of the Office
advocacy equivalent to four (4) credit units.
of the Ombudsman;
(f) At least two (2) hours shall be devoted to international law and
(i) Heads of government agencies exercising quasi-judicial
international conventions equivalent to two (2) credit units. functions;
(g) The remaining six (6) hours shall be devoted to such subjects as may be (j) Incumbent deans, bar reviewers and professors of law who
prescribed by the MCLE Committee equivalent to six (6) credit units. have teaching experience for at least ten (10) years in
accredited law schools;

7. Who are the parties exempted from the MCLE? (k) The Chancellor, Vice-Chancellor and members of the Corps of
Professors and Professorial Lecturers of the Philippine
Section 7, MCLE – EXEMPTIONS Judicial Academy; and
(l) Governors and Mayors.
SECTION 1. Parties exempted from the MCLE. -- The following SEC. 2. Other parties exempted from the MCLE. The following
members of the Bar are exempt from the MCLE requirement: Members of the Bar are likewise exempt:
(a) The President and the Vice President of the Philippines, and (a) Those who are not in law practice, private or public.
the Secretaries and Undersecretaries of Executive
Departments; (b) Those who have retired from law practice with the approval
of the IBP Board of Governors.
(b) Senators and Members of the House of Representatives;
(c) The Chief Justice and Associate Justices of the Supreme
Court, incumbent and retired members of the judiciary,
incumbent members of the Judicial and Bar Council and
8. What are the consequences of non-compliance with the MCLE (c) To counsel or maintain such actions or proceedings only as appear
requirements?
to him to be just, and such defenses only as he believes to be honestly
Rule 13. CONSEQUENCES OF NON-COMPLIANCE debatable under the law.
SECTION 1. Non-compliance fee. -- A member who, for whatever reason, is (d) To employ, for the purpose of maintaining the causes confided to
in non-compliance at the end of the compliance period shall pay a non- him, such means only as are consistent with truth and honor, and
compliance fee. never seek to mislead the judge or any judicial officer by an artifice or
SEC. 2. Listing as delinquent member. -- A member who fails to comply false statement of fact or law;
with the requirements after the sixty (60) day period for compliance has (e) To maintain inviolate the confidence, and at every peril to himself,
expired, shall be listed as a delinquent member of the IBP upon the to preserve the secrets of his client, and to accept no compensation in
recommendation of the MCLE Committee. The investigation of a member connection with his client's business except from him or with his
for non-compliance shall be conducted by the IBPs Commission on Bar knowledge and approval;
Discipline as a fact-finding arm of the MCLE Committee. (f) To abstain from all offensive personality and to advance no fact
SEC. 3. Accrual of membership fee. -- Membership fees shall continue to prejudicial to the honor or reputation of a party or witness, unless
accrue at the active rate against a member during the period he/she is
required by the justice of the cause with which he is charged;
listed as a delinquent member.
(g) Not to encourage either the commencement or the continuance
of an action or proceeding, or delay any man's cause, from any corrupt
9. A lawyer was appointed counsel de officio by the RTC Judge to
defend the accused who cannot afford to hire the services of a motive or interest;
lawyer. After interviewing the accused, the lawyer believes that the
(h) Never to reject, for any consideration personal to himself, the
accused is guilty of the crime of murder. May the lawyer refuse his
appointment as counsel de officio? Explain. cause of the defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and
10. What are the duties of a lawyer under Sec. 20, Rule 138 of the Rules
of Court? honorable means, regardless of his personal opinion as to the guilt of
Section 20. Duties of attorneys. — It is the duty of an attorney:
the accused, to present every defense that the law permits, to the end
(a) To maintain allegiance to the Republic of the Philippines and to
that no person may be deprived of life or liberty, but by due process of
support the Constitution and obey the laws of the Philippines.
law.
(b) To observe and maintain the respect due to the courts of justice
and judicial officers;
11. What are the grounds for disciplinary action under Sec. 22, Rule 138 which may be the object of any litigation in which they may take
of the Rules of Court? part by virtue of their profession.

(13-14)
Section 22 - Attorney who appears in lower court presumed to
represent client on appeal. — An attorney who appears de parte in a 13. Under what article of the RPC may a lawyer be liable for revelation
of the client’s secret?
case before a lower court shall be presumed to continue representing
his client on appeal, unless he files a formal petition withdrawing his 14. Under what article of the RPC may a lawyer be liable for representing
conflicting interests?
appearance in the appellate court.
Grounds for Disbarment or Suspension of a Lawyer: To answer No. 13 and 14, under Art. 209. Betrayal of trust by an
attorney or solicitor. — Revelation of secrets. — In addition to the proper
1. Deceit
administrative action, the penalty of prision correccional in its minimum
2. Malpractice period, or a fine ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any attorney-at-law or solicitor ( procurador judicial) who,
3. Grossly immoral conduct
by any malicious breach of professional duty or of inexcusable negligence
4. Conviction of a crime involving moral turpitude or ignorance, shall prejudice his client, or reveal any of the secrets of the
latter learned by him in his professional capacity.
5. Violation of the Lawyer’s Oath
The same penalty shall be imposed upon an attorney-at-law or solicitor
6. Willful disobedience to any lawful order of a superior court (procurador judicial) who, having undertaken the defense of a client or
having received confidential information from said client in a case, shall
7. Willfully appearing as attorney for any party without authority
undertake the defense of the opposing party in the same case, without the
consent of his first client.
12. May a lawyer purchase a property under litigation? (Art. 1491, NCC)
15. The negligence of counsel generally binds the client. What are the
NO. Art. 1491 - The following persons cannot acquire by purchase, even at exceptions? (Cariaga v. People; Chua v. Total Office Products)
a public or judicial auction, either in person or through the mediation of
another: (1) where reckless or gross negligence of counsel deprives the client of due
process of law,
(5) Justices, judges, prosecuting attorneys, clerks of superior and (2) when its application will result in outright deprivation of the client’s
inferior courts, and other officers and employees connected with liberty or property or
the administration of justice, the property and rights in litigation (3) where the interests of justice so require.
or levied upon an execution before the court within whose
jurisdiction or territory they exercise their respective functions; In such cases, courts must step in and accord relief to a party-litigant.
this prohibition includes the act of acquiring by assignment and
shall apply to lawyers, with respect to the property and rights
[3rd HW] 5. State in full the Rule which provides in part that a lawyer shall not
knowingly cite as law a provision already rendered inoperative by
repeal or amendment, or assert as a fact that which has not been
1. What is the effect of complainant’s affidavit of desistance in the proved. (Rule 10.02)
proceedings of the case? (Ventura v. Samson)
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the
In Ventura v. Atty. Samson, the Court held that the complainant's affidavit contents of a paper, the language or the argument of opposing counsel, or
of desistance cannot have the effect of abating the administrative the text of a decision or authority, or knowingly cite as law a provision
proceedings in view of the public service character of the practice of law already rendered inoperative by repeal or amendment, or assert as a fact
and the nature of disbarment proceedings as a public interest concern. that which has not been proved.

2. Define the IBP and state the primary purpose of its existence. 6. Under Rule 12.08 “A lawyer shall avoid testifying in behalf of his
client…”, what are the exceptions?
The Integrated Bar of the PH is the official unification of the entire lawyer
population in order that all persons admitted to the practice of law may be Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
made to comply with their duties under their oath.
(a) on formal matters, such as the mailing, authentication or custody of an
*Membership in the IBP is mandatory. instrument, and the like; or

3. In general, what are the objectives of the IBP? (b) on substantial matters, in cases where his testimony is essential to the
ends of justice, in which event he must, during his testimony, entrust the
In general, the objectives of the IBP under Sec 2. Rule 139-A of the Rules of trial of the case to another counsel.
Court are:
7. What is the essence of forum shopping? (Suan v. Gonzales)
a. To elevate the standards of the legal profession
b. To improve the administration of justice The essence of forum shopping is the filing of multiple suits involving the
c. To enable the bar to discharge its public responsibility more same parties for the same cause of action, either simultaneously or
effectively successively, for the purpose of obtaining a favorable judgment.

8. Cite the ruling of the Supreme Court that “a lawyer shall not
4. What is the term of office and state the qualifications to be elected knowingly misquote or misrepresent the contents of a paper” etc.
or appointed to any position in the IBP? (Dipad v. Olivan)
Term: The IBP is a non-partisan and non-profit organization. Its officials are Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the
elected for a term of two years. contents of a paper, the language or the argument of opposing counsel, or
Disqualifications: Lawyers holding an elective, judicial, quasi-judicial or the text of a decision or authority, or knowingly cite as law a provision
prosecutor office in the Government or any political subdivision or already rendered inoperative by repeal or amendment, or assert as a fact
instrumentality thereof are not qualified for election or appointment in that which has not been proved.
any position in the IBP or any chapter thereof.
9. The respondent lawyer attempted to bribe a judge to get a favorable 14. What are the powers and limitations of notary publics?
decision for his client. He visited the judge’s office several times and
consistently called his residence to convince him to inhibit from his (RULE 4, Rules on Notarial Practice)
client’s case. What Canon off the CPR was violated by the respondent POWERS
lawyer? (Bildner v. Ilusorio)
SECTION 1. Powers. - (a) A notary public is empowered to perform the
Canon 13. A lawyer shall rely upon the merits of his cause and refrain from following notarial acts:
any impropriety which tends to influence or gives the appearance of
influencing the court. (1) acknowledgments;
10. Define counsel de officio.
(2) oaths and affirmations;
Counsel de officio is a lawyer appointed by the court to defend an accused
who cannot afford to hire the services of a counsel. (3) jurats;

11. Define Notary Public. (4) signature witnessings;

A person appointed by the court whose duty is to attest to the genuineness
of any deed or writing in order to render them available as evidence of (5) copy certifications; and
facts stated therein and who is authorized by the statute to administer
oaths. (6) any other act authorized by these Rules.

12. What are the qualifications of a notary public? LIMITATIONS

SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act
(1) must be a citizen of the Philippines; outside his regular place of work or business; provided, however, that on
(2) must be over twenty-one (21) years of age; certain exceptional occasions or situations, a notarial act may be
(3) must be a resident in the Philippines for at least one (1) year and performed at the request of the parties in the following sites located
maintains a regular place of work or business in the city or province within his territorial jurisdiction:
where the commission is to be issued;
(4) must be a member of the Philippine Bar in good standing with (1) public offices, convention halls, and similar places where oaths of office
clearances from the Office of the Bar Confidant of the Supreme Court may be administered;
and the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime (2) public function areas in hotels and similar places for the signing of
involving moral turpitude. instruments or documents requiring notarization;
13. What is the jurisdiction and term of a notary public?
(3) hospitals and other medical institutions where a party to an instrument
A notary public may perform notarial acts in any place within the territorial or document is confined for treatment; and
jurisdiction of the commissioning court for a period of 2 years starting from
the 1st of January of the year which the commissioning is made unless (4) any place where a party to an instrument or document requiring
earlier revoked. notarization is under detention.
15. What are the instances when a notary public shall not perform a (Section 1, Rule XI, Rules on Notarial Practice)
notarial act?

A notary public shall not perform a notarial act if the affiant who signed SECTION 1. Revocation and Administrative
the document is not present or he could ask for competent evidence of
identity as defined by Sec 2 Rule IV.
Sanctions. - (a) The Executive Judge shall revoke a notarial commission for
16. What are the instances when a notary public is disqualified from any ground on which an application for a commission may be denied. 
performing a notarial act?

A notary public is disqualified from performing a notarial act if he: (b) In addition, the Executive Judge may revoke the commission of, or
a. Is a party to the instrument or document impose appropriate administrative sanctions upon, any notary public who:
b. Will receive as direct or indirect result any commission, fee
advantage, right, title, interest, cash, property or other consideration (1) fails to keep a notarial register; 
except as provided by these Rules and by law. (2) fails to make the proper entry or entries in his notarial register
c. Is a spouse or a common law partner, ancestor, descendant or concerning his notarial acts; 
relative by affinity or consanguinity of the principal within the fourth (3) fails to send the copy of the entries to the Executive Judge within
civil degree. the first ten (10) days of the month following; 
(4) fails to affix to acknowledgments the date of expiration of his
17. What are the instances when a notary public may refuse to notarize commission; 
even if the appropriate fee is tendered? (5) fails to submit his notarial register, when filled, to the Executive
Judge; 
SEC. 4. Refusal to Notarize. - A notary public shall not perform any
(6) fails to make his report, within a reasonable time, to the Executive
notarial act described in these Rules for any person requesting such an
Judge concerning the performance of his duties, as may be required by
act even if he tenders the appropriate fee specified by these Rules if:
the judge; 
(a) the notary knows or has good reason to believe that the notarial (7) fails to require the presence of a principal at the time of the
act or transaction is unlawful or immoral; notarial act; 
(8) fails to identify a principal on the basis of personal knowledge or
(b) the signatory shows a demeanor which engenders in the mind of competent evidence; 
the notary public reasonable doubt as to the former's knowledge of (9) executes a false or incomplete certificate under Section 5, Rule IV; 
the consequences of the transaction requiring a notarial act; and (10)  knowingly performs or fails to perform any other act prohibited
(c) in the notary's judgment, the signatory is not acting of his or her or mandated by these Rules; and 
own free will. (RULE 4, Rules on Notarial Practice) (11)  commits any other dereliction or act which in the judgment of
the Executive Judge constitutes good cause for revocation of
commission or imposition of administrative sanction.
18. When may the Executive Judge revoke the commission of, or impose 19. When may the Executive Judge cause the prosecution of any person?
sanctions upon any notary public?
(Section 1, Rule XII – Special Provisions, Rules on Notarial Practice)
SECTION 1. Punishable Acts. - The Executive Judge shall cause the
prosecution of any person who:

(a) knowingly acts or otherwise impersonates a notary public;

(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial

register, or official records of a notary public; and

(c) knowingly solicits, coerces, or in any way influences a notary public to

commit official misconduct.

20. Define amicus curiae.

Amicus Curae – is an experienced and impartial lawyer invited by the court

to appear and help in the disposition of the issues submitted to it. An
amicus curae appears in court not to represent any particular party but
only to assist the court.

21. Define amicus curiae par excellence.

Amicus curiae par excellence – bar associations who appear in court as

amici curiae or friends of the court. Acts merely as a consultant to guide
the court in a doubtful question or issue pending before it.

22. Define of counsel.

Of-Counsel – An experienced lawyer usually a retired justice of the

Supreme Court or Court of Appeals employed by law firms as consultants.

23. Define pro se.

“in one’s own behalf”