BAR EXAMINATIONS 2005

LEGAL ETHICS AND PRACTICAL EXERCISES

25 September 2005 2 P.M. 5 P.M.

(1.) Which of the following need not be verified?

a) Petition for Certiorari;
b) Interpleader;
c) Petition for Habeas Corpus;
d) Answer with compulsory counterclaim;
e) All pleadings under the Rules on Summary Procedure. (2%)
Suggested Anwer : B and D does not need to be verified

- XIII -
Gerry Cruz is the owner of a 1,000-square meter lot covered by Transfer Certificate
of Title No. 12345 located in Sampaloc, Metro Manila. Gerry decided to sell the
property but did not have the time to look for a buyer. He then designated his
brother, Jon, to look for a buyer and negotiate the sale. Jon met Angelo Santos who
expressed his interest to buy the lot. Angelo agreed to pay P1 Million for the
property on September 26, 2005.
a) Draft the Special Power of Attorney to be executed by Gerry Cruz, as
principal, in favor of his brother Jon, as agent, authorizing the latter to sell the
property in favor of Angelo Santos. (7%)
Suggested Answer:
SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

THAT I, GERRY CRUZ, of legal age, single and a resident of __________,

Manila, have named, appointed and constituted, and by these presents do
hereby name, constitute and appoint, my brother JON CRUZ, whose
specimen signature appears below, as my true and lawful Attorney-in-fact,
for me and in my name, place and stead, and for my benefit, to do or
perform any or all of the following acts and deeds, to wit:

To sell to Angelo Santos at the price of One Million Pesos

(P1,000,000.00), my parcel of land with an area of one thousand (1,000)
square meters, located in Sampaloc, Manila, covered by Transfer and to
execute and sign the corresponding deed of sale.

HEREBY GIVING AND GRANTING unto my said Attorney-in-Fact full

power and authority whatsoever necessary, proper and convenient as fully
to all intents and purposes as I might or could do if personally present,
and hereby confirming and ratifying all that my said Attorney-in-Fact shall
lawfully do or cause to be done by virtue of these presents.

IN WITNESS WHEREOF, I have signed these presents, at the City of Manila,

this 25th day of September, 2005.

GERRY CRUZ
Principal

SPECIMEN SIGNATURE:

JON CRUZ
Attorney-in-Fact

WITNESSES:

_____________________ ___________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

) S.S.
CITY OF MANILA )

IN THE CITY OF MANILA, Philippines, this _____ day of __________, 2005,

personally appeared before me Mr. Gerry Cruz, with Community Tax
Certificate No. _____ issued at ___________ on __________, 2005, personally
known to me to be the same person who executed the foregoing
instrument, and he acknowledged to me that the same is his free and
voluntary act and deed.

I further certify that the foregoing instrument is a Special Power of

Attorney to sell a parcel of land located in Sampaloc, Manila, and consists
of _____ pages, including this page, and signed on each and every page by
the said GERRY CRUZ and his instrumental witnesses.

WITNESS MY HAND AND SEAL.

NOTARY PUBLIC
Until December 31, 200_
(address)
Commission No. _____, Manila
Attorneys Roll No. _____
 IBP Membership Roll No. _____
PTR O.R. No. _____, Manila,_______, 2005

Doc. No. _______

Page No. _______
Book No. _______
Series of 2005.

b) Draft the Deed of Sale of Real Property. (7%)

Suggested Answer:
DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This instrument, executed by and between:

GERRY CRUZ, of legal age, single, and a resident of ____________,

herein represented by his Attorney-in-Fact, JON CRUZ, of legal age and a
resident of _________, and hereafter referred to as VENDOR,

- and

ANGELO SANTOS, Filipino, of legal age, single, a resident of

_______________, and hereafter referred to as the VENDEE.

W I T N E S S E T H:

THAT, for and in consideration of the sum of One Million Pesos

(P1,000,000.00), in hand paid by the VENDEE to the VENDOR and receipt
of which is herein acknowledged by the latter, the VENDOR has sold,
transferred and conveyed, and by these presents does hereby sell,
transfer and convey, unto the VENDEE, that certain parcel of land with an
area of 1,000 square meters, more or less, located in Sampaloc, Manila,
covered by Transfer Certificate of Title No. 12345 of the Register of Deeds
of Manila, and which is more particularly described as follows:

(technical description)

IN WITNESS WHEREOF, the parties hereto have signed these

presents at Manila, this 26th day of September, 2005.

GERRY CRUZ ANGELO SANTOS

Vendor Vendee
T.I.N. _______ T.I.N. ________
By:
 JON CRUZ
Attorney-in-Fact
W I T N E S S E S:

________________ _________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

) S.S.
CITY OF MANILA )

IN THE CITY OF MANILA, Philippines, personally appeared before me,

MR. JON CRUZ, with Community Tax Certificate No. ______ issued at _____ on
__________, 2005, in his capacity as Attorney-in-Fact of Mr. GERRY CRUZ,
with Community Tax Certificate No. _____ issued at _____ on __________, 2005
and Mr. ANGELO SANTOS, with Community Tax Certificate No. _____ issued
at _____ on __________, 2005, both of whom are personally known to me to be
the same persons who executed the foregoing instrument, and they
acknowledged to me that the same is their free and voluntary act and
deed, and the free and voluntary act and deed of the principal whom Mr.
JON CRUZ represents.

I further certify that the foregoing instrument is a deed of sale of a

parcel of land located in Sampaloc, Manila, and consists of _____ pages,
including this page, and is signed on each and every page by the said
parties and their instrumental witnesses.

WITNESS MY HAND AND SEAL.

NOTARY PUBLIC
My Commission expires on l December 31,
2005
(Address)
Commission No. _____, Manila
Attorneys Roll No. _____
IBP Membership Roll No. _____
PTR O.R. No. _____, Manila,_______, 2005

Doc. No. _______

Page No. _______
Book No. _______
Series of 2005.
 - XIV -
Draft a withdrawal of counsel without conformity of client. (6%)
Suggested Anwer:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
BRANCH _____, MANILA

A.B.,
Plaintiff,

-versus- CIVIL CASE NO. ______

C.D.,
Defendant.

x----------------------------------x

MOTION FOR LEAVE TO WITHDRAW AS COUNSEL

COMES NOW the undersigned counsel for the plaintiff, and to this
Honorable Court respectfully alleges:

1 That he has recently suffered a mild stroke, and his present

physical and condition renders it difficult for him to carry out his
employment effectively.

2 That he has tried to get the conformity of his client but the latter
refuses to give the same.

WHEREFORE, it is respectfully prayed that the undersigned counsel

be granted leave to withdraw as counsel for the plaintiff.

Manila, ________, 2005

X
Counsel for the Plaintiff
(address)
(Attorneys Roll No., IBP
Membership
No., PTR O.R No.)

- XV -
Draft a Notice of Appeal. (6%)
 Suggested Answer:
NOTICE OF APPEAL

Notice is hereby given that the defendant is hereby appealing from

the judgment of this Honorable Regional Trial Court dated __________, 2005,
a copy of which was served on the defendant only on __________, to the
Court of Appeals, on questions of fact and law.

Manila, __________, 2005

ATTY. X
Counsel for the Defendant
(Address, Attorneys Roll
No.,
IBP Membership No., PTR O.R.
No.)

Copy Furnished:

Atty. Y
Counsel for the Plaintiff
(Address)

XVI
Draft a Certification of Non-Forum Shopping. (6%)
CERTIFICATE OF NON-FORUM SHOPPING

I, A.B., plaintiff in the above-entitled case, do hereby certify under

oath that:

1 I have not heretofore commenced any action or filed any claim involving
the same issues before any court, tribunal or quasi-judicial agency;

2 To the best of my knowledge, there is no such other action or claim is

pending before any other court, tribunal, quasi-judicial agency; and

3 If I should thereafter learn that such other action has been filed or is
pending, I will report such fact to this Honorable Court within five (5) days
learning the same.

Manila, ______________, 2005

A.B.
(Jurat)