2013 (Remedial Law) Bar Exam Questions: Essay Question 10

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X.

As a new lawyer, Attorney Novato limited his practice to small claims cases, legal counseling and the notarization of documents. He put up a solo practice law office and was assisted by his wife who served as his secretary/helper. He used a makeshift hut in a vacant lot near the local courts and a local transport regulatory agency. With this practice and location, he did not have big-time clients but enjoyed heavy patronage assisting walk-in clients.

X(A) What role can Attorney Novato play in small claims cases when lawyers are not allowed to appear as counsel in these cases? (3%)

X(B) What legal remedy, if any, may Attorney Novato pursue for a client who loses in a small claims case and before which tribunal or court may this be pursued? (4%)

20 comments

  1. Only role is if he is himself the plaintiff or defendant. Sa legal remedy naman although the rules on small money claims states that judgments are final and executory hence not appealable I would always go back to grave abuse of discretion which would allow certiorari. Since small claims are under MTC jurisdiction, it can be filed either in RTC, CA, SC with due regard to the principle of Judicial heirarchy, hence RTC. May points naman sana kahit papano

    1. Anon hindi ba allowed ang lawyer to assist in preparing the documents to be submitted and give advice as to the procedure of small claims, whether the plaintiff has the right to sue or not. Diba Ang prohibited lang naman ng rules is to appear before any small claims court or participate?

      As to the certiorar i agree na yun ang remedy na pwede.

  2. X(A). i also answered that atty. novato can provide legal advice to properly guide his client since the latter is the one who will personally handle the small claims case.

    X(B) certiorari.

  3. As to role, I said na ang participation nya is to help the client in preparing documents, give legal advice etc. The ONLY prohibition is appearance before the court.

    As to remedy, Rule 65 Certiorari based on GAD :p

    1. Yes nadagdagan na tayo, welcome pong. Hehehe kala ko si anon,sparkle, benj at ako na lang maglalabas ng saloobin. Hehehe the more inputs the better for all of us.

      1. Yep, its final and unappealable; however, the decision may still be subject to a special civil action of certiori under rule 65 for GAD. a petition for certiorari is not an appeal.

    1. pareho lang tayo nagkamali dito sparkle, nag appeal pa ako pero final na pala sa small claims court. but while you made it I did not

  4. Marami nalito sa remedy, nung una appeal din sinulat ko. Pero I changed my mind, nilagay ko Certiorari, parang gut feel na may hindi tama at masyadong give-away pag basta appeal lang. Hehehe.

  5. I wanna meet Atty. Novato! Sikat! Nasa Rem na, nasa Ethics pa! Fixer na fixer ang peg ng lolo nyo, na-imagine ko siya with just a lamesa and typewriter, tapos may super laking colorful micromatic na umbrella malapit sa POEA! hahaha.

  6. Appeal by Certiorari, dko nilagyan ng under Rule 65. whew! d ko nga matandaan kun ito talaga sinagot ko, rattled na masyado. huh!

    1. Medyo delikado ung appeal by certiorari kasi baka iinterpret ng examiner as r.45, anyway minor lapses lang yan and im confident hindi lang yan ang basehan ng iyong pagpasa jocel.

  7. No, lawyers are only not allowed to appear at the hearing of the case. Since the process is still a legal process, the parties and their authorized representatives can still consult with a lawyer to assist them to prepare for the hearing or for other matters outside the hearing. (Sec. 17)

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