Atty. April Aidearlin DG. Carelo

Atty. April Aidearlin DG. Carelo

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Born April Aidearlin de Guzman Carelo on April 24, 1995 in Lopez, Quezon, she grew and lived with her parents Buenaventura Arnold E. Carelo and Edna DG. Carelo.

She is the eldest among her siblings: Ared Bea, Andrei Paul, Ande Christel, and Arni Dian. Atty. Carelo graduated with a Bachelor of Arts degree major in Political Science from De La Salle University- Dasmariñas. She received her Juris Doctor (J.D.) degree from San Beda College Alabang - School of Law.

05/09/2024

In the Philippines, lawyers are strongly discouraged from engaging in romantic relationships with their clients due to ethical obligations under the Code of Professional Responsibility. These rules are meant to preserve the integrity of the legal profession, prevent conflicts of interest, and ensure that lawyers maintain an objective, professional relationship with their clients. Here's why lawyers are discouraged or not allowed to have romantic relationships with their clients, along with relevant jurisprudence:

1. Conflict of Interest
A romantic relationship between a lawyer and a client can create a conflict of interest. The lawyer’s personal feelings may compromise their ability to represent the client impartially. The lawyer’s duty is to act in the best interest of the client, and personal emotions could cloud their judgment or decision-making.

2. Loss of Objectivity
Lawyers must maintain their objectivity to give sound legal advice. A romantic relationship could interfere with this duty, as personal attachment may make it difficult for a lawyer to provide unbiased advice or to act in a way that is strictly in the client's best legal interests.

3. Violation of Fiduciary Duty
A lawyer-client relationship is based on trust and confidence. Romantic involvement could undermine the fiduciary duty that the lawyer owes to the client. The lawyer may take advantage of their position, which could be seen as an exploitation of the trust placed in them by the client.

4. Potential for Exploitation
A romantic relationship with a client may lead to exploitation, whether perceived or real. The power imbalance between the lawyer and the client—where one is in a position of authority and influence over the other—makes the relationship ethically problematic.

5. Damage to the Integrity of the Profession
The legal profession demands the highest ethical standards. A romantic relationship with a client can harm not only the lawyer’s professional reputation but also the public’s perception of the legal profession. It may give the appearance of impropriety and suggest that the lawyer is not acting with the necessary integrity and professionalism.

Relevant Provisions in the Code of Professional Responsibility:

- Canon 15, Rule 15.03: “A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts."
- Canon 17: “A lawyer owes fidelity to the cause of his client and shall be mindful of the trust and confidence reposed in him."
- Canon 18, Rule 18.03: “A lawyer shall not allow his client’s affairs to be neglected."

While these provisions do not explicitly mention romantic relationships, they emphasize the importance of avoiding conflicts of interest and maintaining the integrity of the lawyer-client relationship.

Jurisprudence:

One significant case that addresses improper relationships between lawyers and clients is Samala v. Atty. Abelardo G. Valencia (A.C. No. 5043, September 3, 2003). In this case, the Supreme Court reprimanded a lawyer who engaged in a romantic relationship with his client. The Court underscored the need for lawyers to maintain ethical boundaries and to avoid conduct that could lead to conflicts of interest or impair the trust between lawyer and client. The case highlighted that a romantic relationship can compromise a lawyer’s ability to represent the client effectively and impartially.

The Court in Samala v. Valencia emphasized:

“A lawyer must observe the highest degree of good faith, fairness, and candor in dealing with his client. Any act which would impair the integrity and trust reposed by the client is a violation of the ethical standards of the legal profession."

Although the case did not revolve solely around romantic relationships, it serves as an example of how improper relationships, including romantic ones, can lead to a breach of ethical duties.

Conclusion:

Lawyers in the Philippines are discouraged from romantic relationships with clients due to the risk of conflict of interest, loss of objectivity, and violation of fiduciary duty. Jurisprudence such as Samala v. Valencia illustrates how such relationships can erode trust, damage the integrity of the lawyer-client relationship, and harm the reputation of the legal profession.

05/09/2024

Lawyers defend even the worst criminals because of the fundamental principles of justice and the legal system. Here are key reasons:

1. Right to a Fair Trial. Everyone, regardless of their crime, has the constitutional right to a fair trial. Lawyers ensure that their clients receive this, which prevents wrongful convictions and abuses of power by the state.

2. Presumption of Innocence. In most legal systems, individuals are presumed innocent until proven guilty. Defense lawyers help uphold this principle by ensuring the prosecution proves guilt beyond a reasonable doubt.

3. Protection of Legal Rights. Even the worst criminals have basic legal rights. Defense lawyers protect those rights, ensuring that legal procedures are followed properly, which benefits the entire system by maintaining its fairness.

4. Balancing the System. A well-functioning legal system requires both prosecution and defense to ensure that justice is served. Defense attorneys play a crucial role in challenging evidence, presenting mitigating factors, and ensuring no unfair advantage is given to one side.

5. Moral and Ethical Duty. Lawyers have a professional duty to represent their clients to the best of their ability, regardless of personal beliefs about the case. This ensures access to legal representation for all, which is essential in a democracy.

In short, defending even the worst criminals is about upholding the rule of law and protecting the integrity of the justice system for everyone.

The task of a lawyer is indeed to illicit the truth, not to twist it. This principle is rooted in the ethical duty of lawyers to ensure that justice is served while upholding the integrity of the legal system.

02/09/2024

"Pagpapakilala ng Divorce sa Pilipinas: Ano ang Dapat Mong Malaman?

Sa kasalukuyan, marami ang nag-uusap tungkol sa panukalang batas na gawing legal ang divorce sa Pilipinas. Bilang isa sa iilang bansa na walang batas ukol sa divorce, ito ay isang malaking pagbabago sa ating legal na sistema at sa ating lipunan.

Layunin ng panukalang batas na ito na magbigay ng opsyon para sa mga mag-asawang hindi na kayang ayusin ang kanilang relasyon, at magbigay ng patas na kondisyon para sa parehong panig. Mahalaga na maunawaan natin ang mga implikasyon ng panukalang ito at kung paano ito makakaapekto sa ating mga pamilya at sa ating lipunan.

Bilang isang abogado, handa akong tulungan kayong maunawaan ang posibleng epekto ng batas na ito sa inyo at sa inyong mga mahal sa buhay. Kung may mga katanungan o alalahanin kayo tungkol sa panukalang ito, huwag mag-atubiling magtanong.

Mahalaga na manatiling may kaalaman at aktibo tayo sa usaping ito.

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“Is Divorce Finally Coming to the Philippines? Let's Talk About It.”

Recently, there has been a growing discussion about the proposal to legalize divorce in the Philippines. As one of the last two countries in the world without a divorce law, this proposal represents a significant shift in our country's legal landscape and societal norms.

The proposed bill aims to provide an option for couples in irreparable marriages, offering a legal remedy to move forward separately while ensuring fair terms for both parties. This proposal raises important questions about family, marriage, and the role of law in addressing complex personal issues.

As a legal professional, I'm here to help you understand what this could mean for you and your loved ones. Feel free to reach out with any questions or concerns you may have regarding this potential change.

Let's stay informed and engaged on this evolving issue.

Atty. April Aidearlin DG. Carelo Born April Aidearlin de Guzman Carelo on April 24, 1995 in Lopez, Quezon, she grew and lived with her parents Buenaventura Arnold E. Carelo and Edna DG. Carelo. She is the eldest among her siblings: Ared Bea, Andrei Paul, Ande Christel, and Arni Dian.

Atty. Carelo graduated with a Bachelor of Arts degree major in Political Science from De La Salle University- Dasmariñas. She received her Juris Doctor (J.D.) degree from San Beda College Alabang - School of Law.

02/09/2024

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31/08/2024

From September 1 to December 1, 2024, first-level and second-level courts all over the country will slowly transition to electronic filing for civil cases.

By September 1, 2024 all civil filings must include electronic versions of hard copies, or else the courts will not act on them.

Note the three S’s after the physical filing of civil pleadings in first- and second- level courts:

Step 1: SCAN each pleading, with annexes, or convert them to Portable Document Format (PDF).

Step 2: SAVE as separate files following these filename formats:
– [Pleading]-[Docket No.].pdf
– [Annex A]-[Pleading]-[Docket No.].pdf

Step 3: SEND via email:
– Subject: [Docket No.], [Case Title-Pleading Title]
– Body: (a) Primary manner of filing; (b) Filing date; (c) Docket number; (d) Case Title; (e) Filing Party; (f) Contact Numbers; (g) Other e-mail addresses; and (h) Titles of attachments.
– Send to the court’s official email address within 24 hours from the primary filing.
– Cc: all counsel and their law firms.
– Retain copy of transmittal email.

For more information, visit the eFiling microsite at https://sc.judiciary.gov.ph/electronic-filing/.

Photos from Atty. April Aidearlin DG. Carelo's post 30/06/2024

Few seconds exposure, haha!
Thanks GMA, Ms. Jessica Soho and Ferrer Law Office 🎬

08/06/2024

at the tallest building in Bangkok
*internally screaming*

05/06/2024

sawasdee kha 🙏🏻

25/05/2024

Thank you for this opportunity, BJMP Dasmariñas.

Photos from Atty. April Aidearlin DG. Carelo's post 23/05/2024

¿Pero dónde está mi Crisóstomo Ibarra?

19/05/2024
Photos from Atty. April Aidearlin DG. Carelo's post 25/04/2024

Honored to be your guest speaker today. Thank you Maryhill College Inc.

21/03/2024

Particularly, a trademark is "any distinctive word, name, symbol, emblem, sign, or device, or any combination thereof, adopted and used by a manufacturer or merchant on his goods to identify and distinguish them from those manufactured, sold, or dealt by others." A trademark is an intellectual property that deserves protection under the law.

On this score, the Intellectual Property Code (IP Code) states how a mark is obtained and, correlatively, enumerates the rights of a trademark owner:

Section 122. How Marks are Acquired. - The rights in a mark shall be acquired through registration made validly in accordance with the provisions of this law.

x x x x

Section 147. Rights Conferred. - 147.1. The owner of a registered mark shall have the exclusive right to prevent all third parties not having the owner's consent from using in the course of trade identical or similar signs or containers for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion. In case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed.

x x x x

Section 168. Unfair Competition, Rights, Regulation and Remedies. - 168.1. A person who has identified in the mind of the public the goods he manufactures or deals in, his business or services from those of others, whether or not a registered mark is employed, has a property right in the goodwill of the said goods, business or services so identified, which will be protected in the same manner as other property rights.

G.R. No. 220558, February 17, 2021
EMZEE FOODS, INC., VS. ELARFOODS, INC.

28/02/2024

The Supreme court acquitted Pedro Amarille of qualified theft for harvesting 200 coconuts worth P2,000 from property he believed was owned by his grandfather.

The trial court had sentenced Amarille to a prison term of eight years to 14 years, eight months, and one day, which the Court of Appeals later reduced to two to six years.

This prompted Supreme Court Senior Associate Justice Marvic Leonen to say in a concurring opinion that the law imposing higher penalties for the theft of coconuts from plantations should be declared unconstitutional for being anti-poor and for violating the equal protection clause.

Read the article in comment section...

29/01/2024

When hiring a lawyer, you apparently get what you pay for. Abogado Galahad Pe Benito advised the public to get a lawyer based on competence, not his or her low legal fees.

Read the article in comment section...

14/12/2023

🎄✨ Meet our amazing legal consultant and proud Cat mom, ATTY APRIL CARELO! 🐾

Here she is, sharing a moment with Athena, her British-Scottish Cat. 🇬🇧🏴󠁧󠁢󠁳󠁣󠁴󠁿

Our team believes that lawyers who know how to care of pets can certainly take great care of their clients.

This Christmas season, allow ATTY APRIL and the FERRER LAW OFFICE to be your legal support and experience the true essence of caring. 🎁🤲



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