2. CONTEMPT OF COURT
- the offense of being disobedient to or
disrespectful of a court of law and its officers.
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3. KINDS OF CONTEMPT
◈ Misbehavior in the presence of or so
near a court as to obstruct or interrupt
the proceedings before the same;
Disrespect toward the court; Offensive
personalities toward others; Refusal to
be sworn or to answer as a witness; or
Refusal to subscribe an affidavit or
deposition when lawfully required to
do so.
1. DIRECT
CONTEMPT
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4. Punishment for direct contempt:
1. If with RTC or a court of equivalent or higher rank - a
fine not exceeding two thousand pesos or
imprisonment not exceeding ten (10) days, or both.
2. If with a lower court - a fine not exceeding two hundred
pesos or imprisonment not exceeding one (1) day, or
both [Sec. 1, Rule 71, RoC].
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6. KINDS OF CONTEMPT
◈ is one committed away from the court
involving disobedience of or
resistance to a lawful writ, process,
order, judgement or command of the
court, or tending to belittle, degrade,
obstruct interrupt or embarrass the
court.
2. INDIRECT/
CONSTRUCTIVE
CONTEMPT
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7. INDIRECT CONTEMPT
1. Misbehavior of an officer of a court in the
performance of his official duties or in his official
transactions;
2. Disobedience of or resistance to a lawful writ,
process, order, or judgment of a court,
3. Any abuse of or any unlawful interference with
the processes or proceedings of a court not
constituting direct contempt under section 1 of
this Rule;
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8. INDIRECT CONTEMPT
4. Any improper conduct tending, directly or
indirectly, to impede, obstruct, or degrade the
administration of justice;
5. Assuming to be an attorney or an officer of a
court, and acting as such without authority;
6. Failure to obey a subpoena duly served;
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9. Punishment for indirect contempt:
1. If with RTC or a court of equivalent or higher rank - a fine
not exceeding thirty thousand pesos or imprisonment not
exceeding six (6) months, or both
2. If with a lower court - a fine not exceeding five thousand
pesos or imprisonment not exceeding one (1) month, or
both;
3. If the contempt consists in the violation of a writ of
injunction, temporary restraining order or status quo order
– complete restitution to the party injured by such
violation of the property involved or such amount as may
be alleged and proved.
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13. ARRAIGNMENT AND PLEA
◈ The court has the duty to inform the accused of his
right to counsel.
Before arraignment, the court shall inform the accused
of his right to counsel and ask him if he desires to have one.
The court must assign a counsel de oficio to defend the
accused, unless he is allowed to defend himself in person or
has employed counsel of his choice [Sec. 6, Rule 116, RoC].
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14. ARRAIGNMENT AND PLEA
◈ Rule 18.02 states that a lawyer shall not handle any legal matter
without adequate preparation. Therefore, whenever a counsel de
oficio is appointed by the court to defend the accused at the
arraignment, he shall be given a reasonable time to consult
with the accused as to his plea before proceeding with the
arraignment [Sec. 8, Rule 116, RoC].
◈ The accused’s counsel may, before arraignment, also move for
a bill of particulars to enable him properly to plead and
prepare for trial [Sec. 9, Rule 116, RoC].
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15. Attorney Client- Privilege
The attorney-client privilege is a disqualifying rule under the Philippine
Rules of Court
1 . Which precludes an attorney from testifying against his client on
certain matters. As a disqualification, the attorney is ethically obliged
to claim the privilege for the client as it is not self-enforcing.
2. The party asserting the privilege carries the burden of proving that
the privilege applies and that mere assertions of the privilege are not
enough.
16. Inherent powers of courts:
1. To preserve and enforce order in its immediate presence;
2. To enforce order in proceedings before a person or persons
empowered to conduct a judicial investigation under its
authority;
3. To compel obedience to its judgments, orders and processes,
and to the lawful order of judge out of court, in a case pending
therein;
4. To control, in furtherance of justice, the conduct of its ministerial
officers, and of all other persons in any manner connected with
a case before it, in every manner appertaining thereto;
Powers and Duties of Court and Judicial Officers
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17. Inherent powers of courts:
5. To compel the attendance of persons to testify in a case pending
therein;
6. To administer or cause to be administered oaths in a case
pending therein, and in all other cases where it may be
necessary in the exercise of its powers;
7. To amend and control its process and orders so as to make them
conformable to law and justice;
8. To authorize copy of a lost or destroyed pleading or other paper
to be filed and used instead of the original, and to restore, and
supply deficiencies in its records and proceedings [Sec. 5, Rule
135, RoC].
Powers and Duties of Court and Judicial Officers
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18. Disqualification of Judicial Officers/Inhibitions
No judge or judicial officer shall sit in any case, without the
written consent of all parties in interest and entered upon the
record, in which:
a) He, or his wife or child, is pecuniarily interested as heir, legatee,
creditor or otherwise; or
b) He is related to either party within the 6th degree of
consanguinity or affinity, or to counsel within the 4th degree,
computed according to the rules of civil law;
c) He has been executor, administrator, guardian, trustee or
counsel; or
d) He has presided in any inferior court when his ruling or decision
is the subject of review [Sec. 1 (1), Rule 137, RoC].
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19. Withdrawal from Case
A lawyer may withdraw his services in any of the
following cases:
CLIENT
a) ILLEGAL or IMMORAL CONDUCT
b) INSISTS ON MAKING THE LAWYER PURSUE
VIOLATIVE CONDUCT/S
c) DELIBERATE PAYMENT FAILURE OF FEES or NON-
COMPLIANCE TO RETAINER AGREEMENT
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20. Withdrawal from Case
LAWYER
d) INABILITY TO WORK WITH CO-COUNSEL
e) INEFFECTIVENESS DUE TO MENTAL and PHYSICAL
CONDITION
d) ELECTED/APPOINTED TO PUBLIC OFFICE
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21. CASE
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◈ ANGELITA C. ORCINO vs. ATTY. GASPAR
◈ A.C. No. 3773. September 24, 1997
◈ 1. Withdrawal or termination attorney-client relation without
sufficient cause is restricted.
◈ 2. Conduct of action is impliedly carried to its conclusion
◈ 3. Lawyers cannot abandon action without reasonable cause
◈ 4. Client’s written consent is needed in withdrawal from case
before its final adjudication.
23. Standing in Court of Persons Authorized to
Appear for the Government
◈ 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,
RoC].
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24. Government Lawyers and Private Practice
◈ In case of conflict, he should
terminate his professional
relationship, and his official duties
must prevail [Agpalo (2004)].
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25. Prohibitions during incumbency
◈ General Rule: Sec. 7(b)(2) of R.A. No. 6713
prohibits [public officials and employees] from
engaging in the private practice of their
profession during their incumbency.
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26. Prohibitions after leaving public service
◈ General rule: Practice of profession is
allowed immediately after leaving public
service.
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