SCENARIO 1: EMPLOYMENT DISMISSAL

(LABOR LAW)
In this scenario, an employer seeks to take reprisal action against Hermione, an International School
Teacher in Baguio (IS Baguio) who has raised legitimate questions about the employment practices of
the employer. The questions concerned the legality of granting locally-hired teachers terms and
conditions of employment that are inferior to those extended to foreign-hired teachers.

Hermione’s boyfriend, Malfoy, is a Senior Associate at Potter’s law firm which is the retained counsel of
IS Baguio.

 Examine the validity of the intended action in light of the provisions of the Labor Code and to
evaluate the ethical issues arising from implementing the reprisal action.
 Can Malfoy continue to advise Hermione concerning the equal work but unequal pay practices
of IS Baguio?
 Can Malfoy represent Hermione as a personal client in the threatened disciplinary action against
her by IS Baguio, which is a retainer client of IS Baguio?

Malfoy takes the position that he has not rendered any service for IS Baguio which has consulted
exclusively with Partner Dumbledore of Potter’s law firm, hence has no access to any confidential
information of IS Baguio that he could unfairly use against it in the threatened disciplinary proceeding
against Hermione.

On the part of Partner Dumbledore, he has to contend with the question whether Malfoy's conduct in
raising questions about IS Baguio’s equal work but unequal pay practices can be considered a form of
misconduct that can subject her disciplinary action, possibly including dismissal.

The partners of Potter’s law firm also had to grapple with the question whether (i) it is in a conflict of
interest situation considering that Malfoy, a Senior Associate of the firm, had advised Hermione on legal
issues concerning IS Baguio’s employment practices and (ii) asking Malfoy to resign from the firm or
dismissing him if he refused will avoid any conflict of interest situation.

References:
 Code of Professional Responsibility; Canon 7-9
 Conflict of Interest Rule
 Articles 260 to 262-B; Articles 278 to 286, Labor Code of the Philippines
 SCENARIO 2: RETAINER CLIENT
(TORTS & DAMAGES)
The problem involves the evaluation and acceptance of a case from a client that pays a law firm a monthly
retainer fee for day-to-day counseling and “availability”. While ordinarily a lawyer will or should not accept
a case which on the basis of his honest evaluation has no chance of winning and one that a client should
amicably settle, a lawyer or a law firm under a retainer agreement with a client is under a strong
compulsion to accept it. This is a situation peculiar in the Philippines. Although a standard retainer
agreement usually contains a clause that the lawyer or law firm reserves “the right to make our own
assessment of cases and/or matters referred to us for purposes of determining the proper disposition of
the referral”, the lawyer is usually hard put to reject a case referral despite an unfavorable assessment of
the merits of the case.

The case arose from a complaint filed by Batman Ventures Corporation (“BVC”) against Superman Glue
Corporation (“SGC”) for damages as a result of a fire that started in the premises of the latter corporation
and spread to the neighboring compound of the former.

The fire gutted not only the principal office of BVC but likewise the adjoining building of BVC. The principal
issue is whether the cause of the fire was the spontaneous combustion of nitrocellulose which BVC claims
was stored in the premises of SGC at the time of the fire. SGC was then engaged in the manufacture of
leather dressings and leather varnishes which require the use of nitrocellulose. SGC, however, denied
the presence of nitrocellulose at the time of the fire and contended that the cause was of “undetermined
origin”, probably due to an electrical short circuit.

Assume that you will be the lawyer for SGC. Based upon your careful evaluation of the facts of the case
and interview of the witnesses, it is your considered opinion that BVC has a good cause of action against
SGC and the facts alleged in the complaint are true. Prepare yourself to discuss the difficulties you may
encounter during your representation of SGC in the case, including the application of the doctrine of res
ipsa loquitur (Since the fire occurred in SGC’s premises, which was at all times under its complete control
and supervision, the reasonable presumption is that SGC was negligent and was at fault.)

Mr. Clark, SGC’s President & CEO, admits that the cause of the fire was the explosion of the drum
containing nitrocellulose but settlement of the case is out of the question, what should you do? If your law
firm rejects the case, your law firm stands to lose a monthly retainer fee of P100,000 plus, of course, the
additional billable hours to be generated from the handling of the case.

In handling the trial, will you present witnesses whom you know will not be telling the truth? Will you
cross-examine witnesses of BVC to destroy their credibility despite your knowledge that they are telling
the truth?

References:
 Article 2176, Civil Code of the Philippines
 Code of Professional Responsibility – Canon 1, Rule 1.03, Rule 1.04; Canon 10, Rule 10.01;
Canon 15; Canon 19, Rule 19.01.

SCENARIO 3: LAWYER’S ADVICE

 (CONSTITUTIONAL LAW & CIVIL CODE)
Drogo and Daeny were married in 1990. In the ten (10) years that they were married, they were trying to
conceive, but have not been successful. Drogo wanted to have a baby for so long that on the day Daeny
received news that she was pregnant, Drogo was ecstatic. As Daeny’s pregnancy progressed, she
started having difficulty breathing and was easily fatigued. One day, she was rushed to the hospital
because she could not breathe. The doctors diagnosed her as having a congestion of the heart due to a
valve defect. As explained by the doctors, her heart has to work double time to be able to circulate blood
in her system. The doctors say that the chances of Daeny carrying the babying to term are slim because
her heart would not be able to take it. She was then 10 weeks pregnant. Daeny was scared; she does
not want to die. She contemplates the possibility of abortion, and seeks advice from Jon, a law school
buddy of Drogo’s, who is now a lawyer specializing in Family law.

a. If Jon, as a family friend, advises Daeny to have an abortion, would he be breaking his oath as a
lawyer?

I. Consider the following:

i. Code of Professional Responsibility, Canons 1, 1.01, 9, 15.08, 17
ii. 1987 Constitution, Section 12, Article II
iii. Revised Penal Code, Articles 256-259
iv. Civil Code, Art. 41 - 42

b. Would abortion be justified if there was a serious risk to the life of the mother?

I. Consider the following:

i. Code of Professional Responsibility, Canons 15, 15.05, 15.07

c. If the situation were reverse and Jon, acting instinctively on his religious conviction, gives a legal
opinion that abortion is criminal and does not allow for any exception, does he violate any law or ethical
principle?

I. Consider the following:

i. Code of Professional Responsibility, Canons 1, 15, 15.05, 15.07

SCENARIO 4: SUPPORT/CUSTODY & SIMULATED BIRTH

 (FAMILY CODE)
Sanza and Jofrey had been married for 12 years but never had a child. One day, they had a big fight that
Jofrey decided he needed some time away from her, so he went to his home town in Coron, Palawan.
His mother Cerza, was very happy to see him again after years of absence. To cheer him up, she made
sure that Jofrey attended all the fiestas in their own town and nearby areas. Jofrey was glad to oblige to
forget about his big fight with Sanza. All he cared about was getting drunk on every fiesta he went to. On
one of such occasions, he got so drunk that he lost his way home. Fortunately, Marjorie, Cerza’s
neighbor, recognized Jofrey, and helped him get to his room safely. Overcome by a mixture of emotions
and drunkenness, Jofrey took Marjorie to his bed. The next day, Jofrey awoke in sweat, overcome by a
terrible guilt and fear of losing Sanza forever because of what he did the night before. He realized that
he could not live without Sanza. He begged Marjorie to keep this incident secret from their relatives and
friends. He told her that he has no intention of confessing to Sanza under any circumstance and hastily
took the next flight back to Manila.

Back together, Sanza and Jofrey have never been happier. They decided to put the past behind them
and think of their future. Since Sanza could not be pregnant, she broached to Jofrey the possibility of
adopting a child. Jofrey was lukewarm to the idea and asked for time to mull it over.

The following month, Jofrey received word from Marjorie that she was pregnant with his baby and that
she wanted support for herself and the child. Jofrey asked Atty. Tyrion, his tax lawyer, to draft a contract
where Marjorie promised to drop all claims against Jofrey if he took full responsibility for Marjorie’s
financial needs until a year after her delivery and the baby’s until he/she finished College. Marjorie agreed
to this and the provison that should Jofrey exercise the option of supporting the child in his home, she
will give up all her parental rights over the baby since this was clearly “in the best interest of the child.”

Triumphant, Jofrey informed Sanza that he wanted to adopt a relative, of whose background they could
be sure. He suggested they adopt the child of Marjorie, whom he passed off as a distant cousin, without
telling Sanza that the baby was actually his. Sanza agreed to this. They also were of the same mind
about not wanting the baby and their neighbors to know of the arrangement. Neither did they want to
bother going through adoption proceedings. They thought it would be best for Marjorie to enter the
hospital under Sanza’s name, so that the birth certificate would immediately show that the baby was
Sanza’s and Jofrey’s very own child.

At a birthday dinner among friends, the couple decided to ask the advice of Jofrey’s lawyer friend Bran,
on this matter. Furthermore, after the party, Jofrey sent an email to Bran, confiding that his real reason
for wanting to simulate the birth of the baby was because the baby was his, and he wanted the baby to
be with him, but did not want Sanza to know that he was adulterous. Baby Shae was born and she grows
up with the couple, Jofrey and Sanza, knowing them to be her real parents.

a. Should Atty. Tyrion have prepared the support and custody contract between Marjorie and Jofrey?

II. Consider the following:

i. Code of Professional Responsibility, Canons 1, 1.01, 1.02, 1.04, 9, 15

b. Comment on the plan of Jofrey and Sanza to simulate the birth of the baby.
 II. Consider the following:
i. Revised Penal Code, Articles 347-348
ii. Republic Act 8552, Domestic Adoption Law

c. Is there a lawyer-client relationship between the couple and Bran? Between Jofrey and Bran?

II. Consider the following:

i. Code of Professional Responsibility, Canons 2, 2.01, 2.02, 15.08, 19.02
ii. Santiago v. Fojas, 248 SCRA 68
"It is axiomatic that no lawyer is obliged to act either as adviser or advocate for
every person who may wish to become his client. He has the right to decline
employment, subject, however, to Canon14 of the CPR. Once he agrees to take up the
cause of a client, the lawyer owes fidelity to such cause and must always be mindful of
the trust and confidence repose in him. he must serve his client with competence and
diligence, and champion the latter's cause with whole-hearted fidelity, care, and devotion
x x x"

iii. Hilado v. David, 84 Phil 569

“The following rules accord with the ethics of the legal profession and meet with
our approval: ‘In order to constitute the relation (of attorney and client) a professional
one and not merely one of principal and agent, the attorneys must be employed either
to give advice upon a legal point, to prosecute or defend an action in court of justice, or
to prepare and draft, in legal form such papers as deeds, bills, contracts and the like."
(Atkinson vs. Howlett, 11 Ky. Law Rep. (abstract), 264; cited in Vol. 88, A. L. R., p. 6.)
‘To constitute professional employment it is not essential that the client should have
employed the attorney professionally on any previous occasion x x x

d. Does a request for a legal opinion and a response done through the internet give rise to a lawyer-client
relationship?

II. Consider the following:

i. Code of Professional Responsibility, Canons 14, 15, 15.04, 15.05, 15.07

e. Will duties of confidentiality be less strict, since as a rule, messages sent thru the internet are not
secure?

I. Consider the following:

i. Code of Professional Responsibility, Canons 15.02, 17, 21, 21.01
ii. Rules of Court, Rule 130, section 24; Rule 138, section 20 (e)
iii. Revised Penal Code, Article 209 iv. Rules on Electronic Evidence

SCENARIO 5: LAST WILL & TESTAMENT

(SUCCESSION)
Refer to Scenario 4 for some Factual Antecedents that might affect Scenario 5.

Jofrey left a will wherein he left P10,000,000.00 to Marjorie, and the rest of all his properties, amounting
to P20,000,000.00, to Sanza and Shae equally. Atty. Bran, entrusted with the will, knew that if the will
was to be followed, it would be unfair to Sanza, since Shae was really Jofrey’s illegitimate child. Bran
advices Sanza to contest the will. He adds, however that if she contests the will, she has to tell the whole
world that Shae is not her biological child. Sanza does not want to give Shae up to his biological mother,
since she (Sanza) has learned to love her. However, she is adamant about not giving Marjorie the
P10,000.000.00.

a. Should Sanza contest the will?

I. Consider the following:

i. Civil Code, Article 892, 894, 897

b. Bran reminds Sanza that in all their years of friendship, she and Jofrey have gone to him for their legal
problems but not once did he charge them a fee. Due to the time involved in litigating this case (as to not
giving Cora the P10,000,000.00), he accepts the case but demands from Sanza payment of P500,000.00,
his standard fee. Sanza refuses. Can Bran withdraw from the case?

I. Consider the following:

i.. Code of Professional Responsibility, Canons 22, 22.01, 20.04, 14.04

c. If instead, Bran agrees to take the case upon Sanza’s promise to give him 50% of the P10,000,000.00
meant for Cora, should he win the case but only P100,000.00 should he lose, would this be correctly
characterized as a contingent fee? Distinguish between a champertous contract and a contingent fee.

d. What are the criteria in considering the reasonableness of Attorney’s fees?

I. Consider the following:

i. Code of Professional Responsibility, Canon 20.01
ii. Rules of Court, Rule 138, Section 24

e. Presume that Atty. Bran does not take the case and Sanza seeks the services of a media-savvy female
lawyer, Atty. Arya. She believes that there is little chance that the case will prosper considering that
Sanza wanted the bequest to Marjorie to be voided on moral grounds but did not want any proof to be
presented that could identify Marjorie as Shae’s biological mother. Nevertheless, she keeps these
thoughts to herself and accepts the case considering that it presented a real challenge and was a good
test case in addition to having the makings of a high profile case of “show-biz” proportions. Discuss the
legal and moral issues involved.

I. Consider the following:

i. Code of Professional Responsibility, Canons 15, 15.05, 15.07, 17

SCENARIO 6: NOTARIZATION OF DOCUMENTS

(NOTARIAL LAW)
Lawyers may be commissioned as notaries public and, in fact, associates in a law firm are encouraged
to apply for a notarial commission. Accordingly, they should be familiar with the 2004 Rules on Notarial
Practice promulgated by the Supreme Court, particularly Rule IV thereof, which contains certain ethical
rules of conduct for notaries. In particular, Sections 4, 5 and 6 of Rule IV provide:

SEC. 4. Refusal to Notarize. – A notary public shall not perform any notarial act described in these Rules
for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if:

(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or
immoral;

(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt
as to the former’s knowledge of the consequences of the transaction requiring a notarial act; and

(c) in the notary’s judgment, the signatory is not acting of his or her own free will.

SEC. 5. False or Incomplete Certificate. – A notary public shall not:

(a) execute a certificate containing information known or believed by the notary to be false. (b) affix an
official signature or seal on a notarial certificate that is incomplete.

SEC. 6. Improper Instrume nts or Documents.

– A notary public shall not notarize:

(a) a blank or incomplete instrument or document; or

(b) an instrument or document without appropriate notarial certification.

Moreover, notaries public should be aware of the following prohibitions and disqualifications under
Sections 2 and 3 of Rule IV.

SEC. 2. Prohibitions. – (a) A notary public shall not perform a notarial act outside his regular place of
work or business; provided, however, that on certain exceptional occasions or situations, a notarial act
may be performed at the request of the parties in the following sites located within his territorial
jurisdiction:

(1) public offices, convention halls, and similar places where oaths of office may be administered;

(2) public function areas in hotels and similar places for the signing of instruments or documents requiring
notarization;

(3) hospitals and other medical institutions where a party to an instrument or document is confined for
treatment; and (4) any place where a party to an instrument or document requiring notarization is under
detention.

(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or
document -

(1) is not in the notary’s presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public through
competent evidence of identity as defined by these Rules.

SEC. 3. Disqualifications. – A notary public is disqualified from performing a notarial act if he:

(a) is a party to the instrument or document that is to be notarized;

(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash,
property, or other consideration, except as provided by these Rules and by law; or

(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the
principal within the fourth civil degree.

In this connection, notaries public will be faced with situations that do not exactly fit into the foregoing
rules. Consider, for instance, a notary public for Makati City, who resides in Quezon City. If someone,
say his parish priest in Quezon City, appears before him and execute an affidavit in his presence in
Quezon City, must he still require his parish priest to go with him to his Makati office to notarize the
affidavit? If he notarizes the affidavit in Makati City in the absence of the parish priest, is he in violation
of Section 2(b)(1) of Rule IV? Consider further a case where a Makati notary is asked by a client
corporation to notarize the last will and testament of its sick president in the latter’s residence in Forbes
Park, Makati City. If the notary holds office in Paseo de Roxas in Makati City, will he be in violation of the
notarial rules if he agrees to notarize the last will and testament in Forbes Park, which is not in Paseo de
Roxas?

Note:
These are just some of the proposed scenarios. You may choose to illustrate other scenarios
where there are gray areas within the legal framework of the Notarial Law Practice, not to mention
that, at times, situations may not neatly fit into existing legal norms.