SCRIPT : LEGAL COUNSELING

CONCEPT : Who Wants To Be A Millionaire

Intro : Ladies and Gentlemen please welcome our host, Big Bossing Alex Bugahod! (Intro music WWTBM)

BB: Good afternoon everyone, we are here again for another episode of Who Wants To Be A Millionaire,
Law Student Edition! Lets all welcome our contestants for today, Janel De Juan and Sharlene Loreto!
(With energy! Applause!)

BB: Ok, Janel and Sharlene here are both law students from different schools, yet they manage to maintain
their friendship. Beautiful ladies, please introduce yourselves.

Shar: Oh thank you so much Big Bossing! By the way, Im Sharlene Loreto, 4 th year law student from THE
Ateneo de Manila University! (Maarte as in Arrnnneeeyyyoow =D)

Janel: Im Janel De Juan, also a 4th year law student galling sa di pahuhuling Arellano University! (Energy!)

BB: Wow! Thats great. Again, lets give our contestants a round of applause! (Claps) (Uupo na silang 3)

BB: Ok. I believe familiar na kayo sa game, but let me reiterate that you have 3 life lines : 50-50, call a friend
and ask the audience. Is that clear?

Chorus: Yes, Big Bossssssssing!

BB: Good, so ladies are you ready?

Chorus: Yes, Big Bossssssssing!

BB: Now, lets play Who Wants To Be A Millionaire! (BG Music + Applause)

BB: The topic assigned to you is Workload of a Lawyer under the subject Legal Counseling. So ladies, there
are WORK TASKS used as standard yardstick of successful lawyering, such as:

1. Advice
2. Negotiation and conciliation
3. Drafting of pleadings, documents & contracts
4. Litigation
5. Financing
6. Property management
7. Acting as executor, trustee or special administrator
8. Specialization

Now the question for Php 10,000.00 is..

Q1: Which among the mentioned work tasks of a lawyer is the most common task and accompanies
whatever else he does for clients? It is largely based on the lawyer's understanding of substantive law and
doctrines applicable to the facts and subject; and may also revolve on information and probable outcome.

A. Advice
B. Negotiation and conciliation
C. Drafting of pleadings
D. Litigation

Shar: Bes, Im sure its A, advice!

Janel: Ok Big Bossing, letter A.

BB: Tama ba ang sagot ng mag-bff? Correct! Congratulations.

BB: For Php 50,000.00, ang tanong..

Q2: Real estate matters, breach of legal duty, and small claims, are the most common subjects of what
work tasks of a lawyer?

A. Advice
B. Negotiation
C. Drafting of pleadings
D. Litigation

Shar: Big Bossing, can we use our 50-50 lifeline?

BB: Sure, computer remove the two choices (next page wala na 2 choices)

BB: Ok, so ang natitira na lang are letters A and B. So whats your answer ladies?

Janel: Big Bossing, letter B! Negotiation.

BB: May I ask you bakit un ang napili nyong sagot?

Janel: Because as we all know, in settlement negotiations, the more chances of lawyer participation are
increased, the closer the parties get into litigation.

Shar: Not only those, settlement efforts are more common in cases of alleged breach of legal duty because
most clients and many lawyers are strongly predisposed not to litigate. Plus, settling small claims is not
only beneficial for clients but also advantageous to a lawyer.

BB: Well explained ladies. Ngaun naman para sa Php 100,000.00..

Q3: Which among the work tasks of a lawyer is the LAST and CRUCIAL aspect in a lawyers work load. It is
when conciliation and negotiation of the practicing lawyer failed where no more alternatives left to
protect the rights and interest of the client except go to court.

A. Financing
B. Litigation
C. Property management
D. Acting as executor

Janel: Big Bossing, its letter B, litigation.

BB: Final answer?

Chorus: Yes, Big Bossing!

BB: Lets see Correct na naman! Congrats ladies! By the way, as additional information, litigation now
has a broader meaning. It also refers to proceedings before any tribunal, whether, judicial or quasi-judicial
or administrative body vested with jurisdiction to decide issues involving parties who are entitled to
appear before the decision-maker and prosecute their cause. Litigation likewise includes proceedings
before government administrative agencies and even those before such private adjudicative bodies as
arbitration boards and member disciplinary committees of trade and professional association.

Shar: Oh I see, thank you for that Big Bossing.

BB: Welcome. So your next question is from the topic Property Management and Leasing. As we all know,
some of the lawyers task or line of work also includes leasing, eviction, contract for repairs, rent
collection, arranging for maintenance services and insurance, payment of taxes and other expenses if
clients, and acting as executors and trustees. So, for Php 100,000.00,
Q4: Which among the lawyers task or line of work, usually involves the drafting of a demand letter to the
lessee, wherein the latter is given a specific period within which to comply at the risk of being dragged into
an unlawful detainer suit for failure to comply.

A. Leasing
B. Rent Collection and Eviction
C. Contract for Repairs or
D. Insurance Services

Shar: Big Bossing can you use a life line?

BB: Anong life line ang gagamitin nyo?

Shar: Ahhhmmm Ask the Audience

BB: Ok, madlang people, answer nyo, show nyo! (energy!)

BB: Hmmm.. Mukhang lamang and letter B ah.. Lets ask our audience who are, by the way, also law
students.

BB: Ikaw ate (Joy), may I ask you, What is Accion interdictal? Naguguluhan kasi ako dyan e.

Joy: Accion interdictal or more commonly known as an ejectment proceeding, may either be forcible entry
or unlawful detainer. It is a summary action for recovery of physical possession where the dispossession
has not lasted for more than one year, and should be brought in the proper inferior court.
BB: Thank you Ate, dito naman tayo kay Kuya. Kuya, what is Accion publiciana?

Cacho: Ganito yan Big Bossing, Accion publiciana is the plenary action for the recovery of the real right of
possession, which should be brought in the proper Regional Trial Court when the dispossession has lasted
for more than one year.

BB: Ladies, do you still want to continue? If no, mauuwi nyo na ang 500k, if we continue and you gave the
wrong answer, uuwi kayong luhaan. Kaya ang tanong Laban o Bawi? (As if nag-uusap ang contestants)

BB: Ladies, once again, Laban o Bawi

Chorus: Laban!

BB: Is that your final answer?

Chorus: Final Answer!

BB: Ngaun, ang tanong para sa Php 200,000.00.

BB: Tama ba ang kanilang kasagutan, malalaman natin after this commercial break!

----------- COMMERCIAL : ENERGY GAP (MILO) ----------

BB: Welcome back to Who Wants To Be A Millionaire! (BG music + applause)

BB: Ang sagot sa tanong for 200k ayyy. Correct! Congratulations! (Happy contestants, appear) Lets
proceed. Your question for PhP 300,000.00, is about perfection of appeal. Here we go:

Q5: This refers to the authority of the court to issue orders for the protection and preservation of the
rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit
appeals of indigent litigants, order execution pending appeal, and allow withdrawal of the appeal.
 A. Perfection of Appeal
B. Notice of Appeal
C. Record on Appeal and
D. Residual Jurisdiction

Shar: Big Bossing, Im sure its D. Residual Jurisdiction.

BB: Parang sure na sure kayo ah. May I know why you chose D.

Shar: Big Bossing, ganito kasi yan.

Under Rule 41, Section 9 A partys appeal by notice of appeal is deemed perfected as to him upon the filing of
the notice of appeal in due time.

A partys appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof
upon the approval of the record on appeal filed in due time.

In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in
due time and the expiration of the time to appeal of the other parties.

In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon the approval
of the records on appeal filed in due time and the expiration of the time to appeal of the other parties.

In either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders for
the protection and preservation of the rights of the parties which do not involve any matter litigated by the
appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance
with Section 2 of Rule 39, and allow withdrawal of the appeal. This is what we call RESIDUAL JURISDICTION.

Janel: Big Bossing, hindi rin kasi pwede yung B and C, because:

NOTICE OF APPEAL is written document filed by the appellant with the court and a copy of which is sent to the
appellee, informing them that the unsuccessful party seeks a review of the case. It shall indicate/specify the
following:

1. Parties to the appeal;

2. Judgment or final order or part thereof appealed from;
3. Court to which the appeal is being taken;
4. Material dates showing the timeliness of the appeal.

While RECORD ON APPEAL is the trial record sent to the appellate court from the lower court, which is the
subject of the review. It shall include:

1. Judgment or final order from which the appeal is taken;

2. Copies of pleadings, petitions, motions and all interlocutory orders related to the appealed
judgment;
3. Data that will show that the appeal was perfected on time.

BB: Oh I see, marami talaga tayong natututunan sa mga law students, right?

Audience: Yes!

BB: Lets proceed, for Php 500,000.00. This is a yes or no question.

Q6: Whether or not upon the perfection of a petitioner-appellants appeal of the trial courts decision, the
latter retains jurisdiction to hear an application for damages against the bond posted in support of
plaintiff-appellees motion for execution pending appeal.

Janel: Big Bossing can we use our call a friend life line?

BB: Sure! So sinong iistorbohin natin Janel?

Janel: Ahhhmmm yung prof ko po sa Legal Counseling.

BB: Whats the name of your professor?

Janel: Atty. David Ballesteros, Big Bossing!

BB: Lets see kung sasagot si Atty. (Phone ringing)

Miguel: Hello.

BB: Hello Atty. David Ballesteros?

Miguel: Yes, speaking.

BB: This is Big Bossing from WWTBM. Im here with your student Janel, she needs your help to answer a
certain question. Go ahead Janel.

Janel: Hi Sir! This is the question: Whether or not upon the perfection of a petitioner-appellants appeal of
the trial courts decision, the latter retains jurisdiction to hear an application for damages against the bond
posted in support of plaintiff-appellees motion for execution pending appeal.

Miguel: Janel, nakalimutan nyo na? I discussed that remember? The case of FORTUNE LIFE AND GENERAL
INSURANCE CO. VS. COURT OF APPEALS.

Janel: Sorry Sir, can you help us refresh our memory?

Miguel: Ok, in that case:

I. FACTS:
RTC Manila rendered judgment ordering Fortune Life to pay Delsan Transport PhP 1,952,302.00 for
damages and PhP 50,000.00 for attorneys fees. On this basis, Delsan filed a motion for execution pending
appeal supported by a PhP 500,000.00 bond, which was eventually granted.

Fortune Life filed a motion for reconsideration but was denied. Hence, the Sheriff levied on its
properties. Fortune Life then filed a petition for certiorari before CA and the trial courts order granting the
writ of execution pending appeal was set aside. Thereafter, Fortune Life filed before RTC an application for
damages against the bond. RTC proceeded to receive Fortune Lifes evidence ruling that Delsan waived its
right to cross-examine the witness. Delsan filed a motion for reconsideration, which was denied.

Consequently, Delsan filed another MR assailing the trial courts jurisdiction in issuing the
questioned orders, and prays that the records of the case be immediately elevated to the appellate court
pursuant to the notice of appeal filed by petitioner Fortune Life. The RTC denied the said motion.

Thenceforth, Delsan filed a petition for certiorari, prohibition and mandamus before CA seeking to
annul RTCs orders and to compel the latter to forward the records to CA, since it allegedly lost jurisdiction
in view of Fortune Lifes appeal. CA ruled in favor of Delsan. Thus, Fortune Life filed with SC the instant
petition for certiorari under Rule 45.

III. RULING:
NO. There is no controversy that the appeal has been perfected, and as a necessary consequence
thereof, the trial court was divested of jurisdiction over the case. Section 9 of Rule 41 mentions three (3)
instances where the trial court is allowed to exercise RESIDUAL JURISDICTION, after the perfection of the
appeal, namely: (1) to issue orders for the preservation and protection of the rights of the parties which do
not involve any matter litigated by the appeal; (2) to approve compromises offered by the parties prior to
transmittal of the record on appeal to the appellate court; and (3) to permit the prosecution of paupers
appeal.

Petitioner Fortune Life relied on the first instance. However, its reliance is misplaced. Although the
application for damages is beyond the scope of the matter litigated by the appeal, there is no protection
and preservation of its right to speak of. The action for damages, in fact, is an act of vindication, is punitive
in nature and not an act to protect and preserve, but to punish and make one party to pay damages. Thus,
the trial court had no more jurisdiction to issue the disputed orders inasmuch as the case had already come
under the exclusive appellate jurisdiction of the Court of Appeals.

Miguel: Now, is it clear?

Janel: Yes Sir! Thank you so much!

Janel to Shar: I told you, mas magaling ang prof ko!

Shar: Kthanksbye!

BB: It seems they already know the answer. So whats your answer?

Chorus: No!

BB: Tama kaya sila? The answer is . No! (BG music) you are correct, congratulations!

BB: And now, for your million-peso question..

Q7: Which of the ff is NOT a quality necessary when a lawyer drafts a will or is acting as an executor or
trustee?

A. Knowledge of the law on wills and succession.

B. Conversant about how much portion of the testators estate he is permitted to dispose of.
C. Precise about the specific area and kind of property that should pertain to each and every devisee
and legatee.
D. Creativity

Chorus: D!

BB: Wow, you guys seem so sure! Is that your final answer?

Chorus: Yes, Big Bossing!

BB: Drafting of wills requires such thorough investigation and gathering of facts, records, date and
documentary evidence, and familiarity with the nature, kind and extent of the estate of the testator. The
lawyer who drafted the will should be the logical person to discharge the task of trustee in the
management of the real and personal properties of the decedent in his fiduciary capacity. So the correct
answer is D!

Congratulations ladies, kayo ang unang milyonaryo ng WWTM law student edition! Eto na ang Big Check
from Big Bossing! (hand down the check)

Ladies and gentlemen, ako po muli ang inyong Big Bossing, see you for another episode of WWTM!