Lex Defender

  Note: All copyrighted materials belong to their respective owners. Their inclusion here is for elucidation of certain points and not to claim ownership or misappropriate the said materials . Introduction Films on courtroom and other legal dramas are plenty – To Kill A Mockingbird, The Trial, A Few Good Men, My Cousin Vinny, to name a few. But films on law schools and actual hardships/triumphs of every law students are very few. The purpose of this paper is to present to all law students films that they can relate and, hopefully, learn from it. All films considered here were about the life of students in law schools in their daily challenges and victories. The Paper Chase Coming out in 1973, this the first movie that shows the struggle of a 1 st year law student at Harvard Law School, one of the toughest law schools of America until now. This was based on the novel of the same title, written by a Harvard Law Alumna which chronicles his...

In the 1987 Philippine Constitution, Article II (Declaration of Principles and State Policies), Section 26 states: "The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law." At this time, talks are on-going regarding changes in the Philippine Constitution. One area that seems to be forgotten is the enabling law regarding this constitutional provision. Here are links that discuss further this on-going scenario: Poverty, impunity exists where fat political dynasties thrive   Study says ‘fat’ dynasties behind worsening poverty Political Dynasties in Mindanao Political Dynasties and Poverty: Evidence from the Philippines   Political Dynasties, Term Limits and Female Political Empowerment: Evidence from the Philippines   I hope that the reader of this blog entry will be better equipped with understanding this relevant issue.

Wilfredo Anglo, Complainant, v. Atty. Jose Ma. V. Valencia, Atty. Jose Ma. J. Ciocon, Atty. Philip Z. Dabao, Atty. Lily Uyv Alencia, Atty. Joey P. De La Paz, Atty. Cris G. Dionela, Atty. Raymundo T. Pandan, Jr., Atty. Rodney K. Rubica, and Atty. Wilfred Ramon M. Penalosa, Respondents. A.C. No. 10567, 25 February 2015 Facts:     Complainant alleged that he availed the services of the law firm of the respondents for labor cases. Atty. Dionela, a partner of the law firm, was assigned to represent the complainant. The labor cases were terminated upon the agreement of both parties. A criminal case for qualified theft was filed against the complainant and his wife by FEVE Farms, represented by the law which handled the complainant’s labor cases. Aggrieved. Complainant filed disbarment case against the respondents, alleging that they violated the rule on conflict of interest.     IBP Commissioner found the respondents to have violated the rule on conflict of...

Engr. Gilbert Tumbokon, Complainant, v. Atty. Mariano R. Pefianco, Respondent A.C. No. 6116, 1 August 2012 Facts:      According to the complainant, respondent undertook to give him 20% commission, later reduced to 10%, of the attorney’s fees, the latter would received in representing Spouses Yap whom he referred, in an action for partition of the estate of the spouses’ relative. Their agreement was reflected in a letter dated 11 August 1995. However, respondent failed to pay him the agreed commission notwithstanding receipt of attorney’s fees amounting to 17% of the total estate or about PhP 40 million. Instead, the complainant was informed through a letter dated 16 July 1997 that Spouses Yap assumed to pay the same after the respondent had agreed to reduce his attorney’s fees from 25% to 17%. He then demanded the payment of his commission which the respondent ignored.     Complainant further alleged that the respondent has not lived up t...

Felicitas S. Quiambao, Complainant, v. Atty. Nestor A. Bamba, Respondent A.C. No. 6708, 25 August 2005 Facts: Quiambao was the president and managing director of Allied Investigation Bureau, Inc. (AIB), a family-owned security and investigation services company. She employed the legal services of Atty. Bamba, not only for the corporate affairs of AIB but also for her personal case. In fact, Atty. Bamba acted as her counsel of record in an ejectment case. Atty. Bamba convinced the complainant to form a new security agency, QRMSI, with the former as a silent partner. She then resigned from AIB. However, about six months thereafter, Atty. Bamba filed on behalf of AIB a complaint for replevin and damages against her for the purpose of recovering from her the car of AIB assigned to her as a service vehicle. At this point, the ejectment case was still pending and he did not withdraw as counsel. It was also averred that Atty. Bamba also convinced the complainant’s brother to org...