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Compiled by BSU-Law, 3rd Year students SY 2015-16

CODE OF PROFESSIONAL RESPONSIBILITY been entrusted to him unless the consent of the
client has been given.
Question No. 22 (2010). Canon 1 / Rule 1.01

A retired member of the Judiciary is now Question No. 3. (2007). Canon 18 of the CPR
engaged in private practice. In attending (10%)
hearings, he uses his car bearing his protocol
plate which was issued to him while still in the Attorney M. accepted a civil case for the
service. recovery of title and possession of land in
behalf of N. Subsequently, after the Regional
Pass on the ethical aspect of the judges use of Trial Court had issued a decision adverse to N,
the protocol plate. (2%) the latter filed an administrative case against
attorney M for disbarment. He alleged that
SUGGESTED ANSWER: attorney M caused the adverse ruling against
Absent any express prohibition to use the plates by him; that attorney M did not file an opposition
official members of the bench, it is still imprudent, if to the Demurrer to Evidence filed in the case,
not unethical for the judge to use of his protocol plate neither did he appear at the formal hearing on
after his retirement since he no longer holds that the demurrer, leading the trial court to assume
position. that plaintiff's counsel (attorney M) appeared
convinced of the validity of the demurer filed;
The CPR enjoins respect for law which extend to the that attorney M did not even file a motion for
society, the legal profession and to the court. Rule reconsideration , causing the order to become
1.01 prohibits lawyers from deceit which in turn final and executory; and that even prior to the
involves misrepresentation which can he implied if above events and in view of attorney M's
the plates are used after retirement. apparent loss of interest in the case, he
verbally requested attorney M to withdraw, but
attorney M refused. Complainant N further
Question No. 2 (2007). Canons 16 and 17 of the alleged that attorney M abused his client's
Code of Professional Responsibility (10%) trust and confidence and violated his oath of
office in failing to defend his client's cause to
C engages the services of attorney D the very end.
concerning various mortgage contracts entered
into by her husband from whom she is Attorney M replied that N did not give him his
separated, fearful that her real estate full cooperation; that the voluminous records
properties will be foreclosed and of impending turned over to him were in disarray, and that
suits for sums of money against her. Attorney D appeared for N, he had only half of the
advised C to give him her land titles covering information and background of the case; that
her lots so he could sell them to enable her to he was assured by N's friends that they had
pay her creditors. He then persuaded her approach the judge; that they requested him
execute deeds of sale in his favor without any (M) to prepare a motion for reconsideration
monetary or valuable consideration, to which C which he did and gave to them; however these
agreed on condition that he would sell the lots friends did not return the copy of the motion.
and from the proceeds pay her creditors. Later
on, C came to know that attorney D did not sell Will the administrative case prosper? Give
her lots but instead paid her creditors with his reasons for your answer.
own funds and had her land titltes registered
in his name. Did attorney D violate the Code of Suggested Answer:
Professional Responsibility? Explain. Yes. Lawyer M appears negligent because of his
failure to file an opposition to the demurrer, appear
Suggested Answer: at the demurrer hearing, and not filing a motion for
The decision of the Supreme Court in the case of reconsideration. Under the Code, a lawyer shall not
Hernandez v. Go, A.C. 1526, January 1, 2005, is handle any legal matter without adequate
squarely applicable to this problem. Under the same preparation (18.02). He shall not neglect a legal
set of facts, the Supreme Court held the lawyer to matter entrusted to him and his negligence renders
have violated Canons 16 and 17 of the Code of him liable (18.03). Canon 18 provides that the lawyer
Professional Responsibility, which provide as follows: shall serve his client with competence and diligence.
Canon 16. A lawyer shall hold in trust all Thus, the voluminous record is no justification for the
moneys and properties of his client that may failure of Attorney M to file an opposition to the
come into his possession. demurrer to evidence or failing to attend the hearing
Canon 17. A lawyer owes fidelity to the cause thereof.
of his client and he shall be mindful of the
trust and confidence reposed in him. Giving the motion for reconsideration to the friends
of N for filing is another instance of negligence on the
When attorney D acquired the properties of his client, part of Atty. M. He should have filed his motion
he did not only violate these canons but also Article himself. (Francisco v. Portugal, A.C. No. 6155, March
1491 of the Civil Code, which prohibits him to acquire 14, 2006) Atty. M also violated Canon No. 13 of the
by purchase even at a public auction or judicial Code of Professional Responsibility which provides
auction, property of his clients the sale of which has that a lawyer shall rely upon the merits of his cause
and refrain from any impropriety which tends to
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influence or gives the appearance of influencing the may be mitigating circumstances that Christine may
court. Furthermore, refusing to comply with Ns raise as a defense that is favorable to Zuma.
request to withdraw from the case violated the
absolute right of the client to terminate his lawyer at
any time with or without cause. (Section 26, Rule 138 Question No. 2 (2008). Code of Professional
of the Rules of Court) Responsibility, Canon 6, 15, 21

Question No. 1. (2008). Code of Professional In 1998, Acaramba, a telecommunications


Responsibility, Canon 19, 21, & 14 company, signed a retainer agreement with
Bianca & Sophia Law Office (B & S) for the
Christine was appointed counsel de oficio for latters legal services for a fee of P2,000 a
Zuma, who was accused of raping his own month. From 1998 to 2001, the only service
daughter. Zuma pleaded not guilty but actually performed by B & S for Acaramba was
thereafter privately admitted to Christine that the review of a lease agreement and
he did commit the crime charged. representation of Acaramba as a complainant
in a bouncing checks case. Acaramba stopped
a. In light of Zumas admission, what paying retainer fees in 2002 and terminated its
should Christine do? Explain. (3%) retainer agreement with B & S in 2005. In
2007, Temavous, another telecommunications
company, requested B & S to act as its counsel
in the following transactions: (a) the
Suggested Answer: acquisition of Acaramba; and (b) the
Christine should suggest to Zuma that he should acquisition of Super-6, a company engaged in
plead guilty to the crime as charged. the power business.

Canon 19, Rule 19.02 of the CPR states that a In which transactions, if any, can Bianca &
lawyer who has received information that his client Sophia Law Office represent Temavous? Explain
has, in the course of the representation, perpetrated fully. (7%)
a fraud upon a person or tribunal, shall promptly call
upon the client to rectify the same, and failing which
he shall terminate the relationship with such client in
accordance with the Rules of Court. Suggested Answer:
Bianca & Sophia Law Office cannot represent
b. Can Christine disclose the admission of Temavous in the acquisition of Acaramba because the
Zuma to the court? Why or why not? (2%) Canons of Professional Ethics (Canon 6) and the Code
of Professional Responsibility (Canon 15) provide that
Suggested Answer: a lawyer shall not represent parties with adverse
No, Christine cannot disclose Zuma's admission to interests to one another. Even though their
the court. relationship had already been terminated the Code
further provides (Canon 21) that a lawyer should
Canon 21, Rule 21.02 of the CPR provides that a safeguard the confidences of his former client. In the
lawyer shall not, to the disadvantage of his client, case of acquisitions, B&S would definitely have an
use information acquired in the course of undue advantage (Rule 21.02-.03), or to appear to
employment, nor shall he use the same to his own have such, in assisting Temavous acquisition of its
advantage or that of a third person, unless the client former client due to its prior relationship. In contrast,
with full knowledge of the circumstances consents as to the case of Super-6, B&S may represent
thereto. Temavous because such a transaction is in no way
Christine cannot disclose the admission without connected to its prior relationship with Acaramba.
violating the abovementioned canon. The information
disclosed is in the nature of a privileged
communication, hence, she cannot disclose it to the Question No. 3. (2008). Code of Professional
court without Zuma's consent. Responsibility, Canon 13)

c. Can Christine withdraw as counsel of Dumbledore, a noted professor of commercial


Zuma should he insist in going to trial? law, wrote an article on the subject of letters of
Explain. (3%) credit which was published in the IBP Journal.

Suggested Answer: a. Assume he devoted a significant portion


Christine cannot withdraw as counsel of Zuma. of the article to a commentary on how the
Supreme Court should decide a pending case
Canon 14, Rule 14.01 of CPR states that a lawyer involving the application of the law on
shall not decline to represent a person solely on letters of credit. May he be sanctioned by
account of the latter's race, sex. creed or status of the Supreme Court? Explain. (4%)
life, or because of his own opinion regarding the guilt Suggested Answer:
of said person. Yes, he may be sanctioned by the court.

Despite the admission of Zuma, Christine cannot Canon 13, Rule 13.02 provides that a lawyer shall
withdraw as Zuma's counsel because Zuma is still not make public statements in the media regarding a
considered innocent until proven guilty. Further, there
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pending case tending to arouse public opinion for or violates Article 1491 of the Civil Code which
against a party. prohibits lawyers from acquiring by
purchase properties and rights which are
As a lawyer, Dumbledore should not have made such the object of litigation in which they take
statements regarding a pending case so as not to part by reason of their profession. Is the
influence the court in deciding the case or giving the refusal justified? Explain. (4%)
public the impression that the court was influenced
by his commentaries, should the court arrive at a Suggested Answer:
decision similar to that of Dumbledore's comments. The refusal is not justified. The transfer of the land to
Laarni would not violate Article 1491 of the Civil Code
because said article does not cover contingent fee
b. Assume Dumbledore did not include any agreements. This is because in a contingent fee
commentary on the case. Assume further agreement a transfer would only occur in case a
after the Supreme Court decision on the favorable judgment is obtained. Further, the case
case had attained finality, he wrote another reached the Supreme Court which means that Laarni
IBP Journal article, dissecting the decision spent so much time on the case and much of her
and explaining why the Supreme Court erred skills were demanded hence the 150 million is a fair
in all its conclusions. May he be sanctioned and reasonable fee.
by the Supreme Court? Explain. (3%)

Suggested Answer:
No, he may not be sanctioned by the court. Question No.5 (2008). Code of Professional
Responsibility, charging lien)
Dumbledore's commentary in the IBP journal is not
unethical. What the CPR prohibits is the making of The vendor filed a case against the vendee for
public statements regarding pending cases before the annulment of the sale of a piece of land.
the courts. Dumbledore's article in the IBP Journal is
about a decided case already. Once a case has been a. Assume the vendee obtained a summary
decided, it is already open for public consumption judgment against the vendor. Would the
hence anyone can criticize or make known their counsel for the defendant vendee be
opinions regarding the conclusion of the case. entitled to enforce a charging lien? Explain.
Question No.4 (2008). Code of Professional (4%)
Responsibility, Canon 20)
Suggested Answer:
Chester asked Laarni to handle his claim to a No, vendee's counsel would not be entitled to enforce
sizeable parcel of land in Quezon City against a a charging lien. A charging lien to be enforceable
well-known property developer on a contingent there must be a judgment for money. In the case at
fee basis. Laarni asked for 15% of the land that bar, there was no mention of a judgment for money
may be recovered or 15% of whatever in favor of the vendee thus vendee's counsel cannot
monetary settlement that may be received enforce a charging lien. However, if there would be a
from the property developer as her only fee judgment for money vendee's counsel would be
contingent upon securing a favorable final entitled to enforce the charging lien.
judgment or compromise settlement. Chester
signed the contingent fee agreement. b. Assume, through the excellent work of
the vendees counsel at the pre-trial
a. Assume the property developer settled conference and his wise use of modes of
the case after the case was decided by the discovery, the vendor was compelled to
Regional Trial Court in favor of Chester for move for the dismissal of the complaint. In
P1 Billion. Chester refused to pay Laarni its order the court simply granted the
P150 Million on the ground that it is motion. Would your answer be the same as
excessive. Is the refusal justified? Explain. in question (a)? Explain. (3%)
(4%)
Suggested Answer:
Suggested Answer: Vendee's counsel would still not be entitled to
Yes, the refusal is justified. Canon 20 of the CPR enforce a charging lien. A dismissal on motion of the
states that a lawyer shall charge only fair and plaintiff would certainly not include a judgment for
reasonable fees. Although under a contingent fee money. Therefore, the counsel cannot enforce a
agreement lawyers are entitled to greater charging lien.
remuneration because of the possibility of receiving
nothing at all, the fee charged must still be fair,
reasonable and conscionable. In this case, the 150 Question No. 6. (2008). Code of Professional
million fee is excessive and unconscionable. Responsibility, Canon 3.

b. Assume there was no settlement and Atty. Abigail filed administrative cases before
the case eventually reached the Supreme the Supreme Court against Judge Luis.
Court which promulgated a decision in favor Thereafter, Atty. Abigail filed a Motion for
of Chester. This time Chester refused to Inhibition praying that Judge Luis inhibit
convey to Laarni 15% of the litigated land as himself from trying, hearing or in any manner
stipulated on the ground that the agreement
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acting on all cases, civil and criminal, in which diligence and made adequate preparations to
Atty. Abigail is involved and handling. ascertain that the complaint stated a cause of action
to prevent the dismissal of the complaint.
Should Judge Luis inhibit himself as prayed for
by Atty. Abigail? Explain fully. (6%) b. A suspended lawyer working as an
independent legal assistant to gather
Suggested Answer: information and secure documents for other
No. Being the subject of an administrative case is not lawyers during the period of his suspension.
one of the grounds for disqualification of a judge from (3%)
handling case provided by the Code of Judicial
Responsibility in Canon 3 Rule 12. Suggested Answer:
Yes. Under the law, only lawyers in good standing can
perform or engage in the practice of law. In the case
Question No. 7. (2008). Code of Professional of Cayetano vs. Monsod, the Court held that the
Responsibility, Canon 21. practice of law involves rendering service to the
general public that calls for the professional
In need of legal services, Niko secured an judgment of a lawyer, the essence of which is his
appointment to meet with Atty. Henry of Henry educated ability to relate the general body and
& Meyer Law Offices. During the meeting, Niko philosophy of law to a specified legal problem.
divulged highly private information to Atty. Clearly, the act of working as a legal assistant in
Henry, believing that the lawyer would keep gathering information and securing documents for
the confidentiality of the information. other lawyers is within the scope of practicing law. A
Subsequently, Niko was shocked when he suspended lawyer is temporarily prohibited to
learned that Atty. Henry had shared the practice the legal profession therefor he cannot
confidential information with his law partner, engage in the mentioned acts.
Atty. Meyer, and their common friend, private
practitioner Atty. Canonigo. When confronted, c. A suspended lawyer allowing his non-
Atty. Henry replied that Niko never signed any lawyer staff to actively operate his law office
confidentiality agreement, and that he shared and conduct business on behalf of clients
the information with the two lawyers to secure during the period of suspension. (3%)
affirmance of his legal opinion on Nikos
problem. Did Atty. Henry violate any rule of Suggested Answer:
ethics? Explain fully. (7%) Yes. Canon 9, Rule 9.01 states that a lawyer shall
not delegate to any unqualified person the
Suggested Answer: performance of any task which by law may only be
Canon 21 provides that an attorney shall preserve performed by a member of the bar in good standing.
the confidence of his client and further articulates
this point in Rule 21.03-.04 by clarifying that he may d. Keeping money he collected as rental
not disclose such information to outside agencies from his clients tenant and remitting it to
without the consent of his client and that he may the client when asked to do so. (3%)
disclose such information to firm partners unless
prohibited by his client. In the case of Atty. Meyer, he Suggested Answer:
was a firm partner and as such is covered by Rule Yes. Canon 16, Rule 16.01 provides that a lawyer
21.04 and not being explicitly prohibited by Niko shall account for all money or property collected or
Henry committed no wrong in giving information to received for or from the client. A lawyer should
him. However in the case of Atty. Canonigo who was account for all money he collected immediately. He
not in any way connected to the firm Henry should not wait that the client would ask or demand
committed a gross violation of Rule 21.03. In either for the money.
case the mere entry into the attorney-client
relationship obviates the need for a confidentiality e. Refusing to return certain documents to
agreement. the client pending payment of his attorneys
fees. (3%) XXX (Rules of Court)

Question No. 8. (2008). Code of Professional See Miscellaneous


Responsibility, Canon 18, 16, 9
f. An unwed female lawyer carrying on a
State, with a brief explanation, whether the clandestine affair with her unwed male
lawyer concerned may be sanctioned for the hairdresser. (3%)
conduct stated below.
Suggested Answer:
a. Filing a complaint that fails to state a No. Both parties are of age and qualified to marry
cause of action, thereby resulting in the each other hence the affair is not one which is
defendant succeeding in his motion to grossly immoral. It is not so corrupt nor so
dismiss. (3%) unprincipled to warrant sanction from the court.
g. Not paying the annual IBP dues. (3%)
Suggested Answer:
Yes. Canon 18, Rule 18.02 states that A lawyer shall Suggested answer:
not handle any legal matter without adequate Yes. Default in payment of IBP dues for 6 months
preparation. A lawyer should have exercised shall warrant suspension of membership to the IBP
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and default in payment for one year shall warrant for What are three (3) tests to determine conflict
the removal of the member in the Roll of Attorneys. of interest for practicing lawyers? Explain each
briefly.

Question No. 9. (2008). Code of Professional


Responsibility, Canon 3.
Answer:
State, with a brief explanation, whether the In the case of Quiambao vs Bamba the SC held that
judge concerned may be sanctioned for the developments in jurisprudence have particularized
conduct stated below. various tests to determine whether a lawyers
conduct lies within this proscription. One test is
a. Refusing to inhibit himself although one whether a lawyer is duly-bound to fight for an issue
of the lawyers in the case is his second or claim in behalf of one client and, at the same time,
cousin. (3%) to oppose that claim for the client. Thus, if a lawyers
argument for one client has to be opposed by that
SUGGESTED ANSWER: same lawyer in arguing for the other client, there is a
No. Under Canon 3, Rule 3.12 a judge should take no violation of the rule.
part in a proceeding where the judge's impartiality
might reasonably be questioned. One of the cases Another test of inconsistency of interests is whether
would be where the judge is related by consanguinity the acceptance new relation would prevent the full
or affinity to counsel within the fourth degree. A discharge of the lawyers duty of undivided fidelity
second cousin is a relative within the 6th degree, and loyalty to the client or invite suspicion of
hence it is not covered by the prohibition. unfaithfulness or double-dealing in the performance
of the duty.
b. Deciding a case in accordance with a
Supreme Court ruling but adding that he Still another test is whether the lawyer would be
does not agree with the ruling. (3%) called upon in the new relation to use against a
former client any confidential information acquired
SUGGESTED ANSWER: through their connection or previous employment.
No. There is no law or rule prohibiting such conduct.
Regardless of his opinion, the judge still followed the
Supreme Court's ruling thus there is really nothing Question No. 15. (2009). Canon 39 and Canon
wrong with such act. Further, his opinion will not 9 of the Canons of Professional Ethics.
have any bearing as it is not part of the decision.
Atty. Manuel is counsel for the defendant in a
c. Dictating his decision in open court civil case pending before the RTC. After
immediately after trial. (3%) receiving the plaintiffs Pre-Trial Brief
containing the list of witnesses, Atty. Manuel
SUGGESTED ANSWER: interviewed some of the witnesses for the
Yes. A judge should uphold the integrity and plaintiff without the consent of plaintiffs
independence of the judiciary. He must not hastily counsel.
issue decisions.
a. Did Atty. Manuel violate any ethical
standard for lawyers?
Question No. 7 (2009). Code of Professional
Responsibility, Canon 15. Answer:
NO. Statutory law provides that a lawyer may
Lawyer cannot refuse to divulge the name or interview a prospective witness for the opposing side
identity of his client (True or False) in a civil or criminal case without the consent of the
opposing counsel or party. This is supported by
Answer: Canon 39 of the Canon Professional Ethics.
FALSE. There are certain exceptions where in the
lawyer may refuse divulge the identity of his client. b. Will your answer be the same if it was the
He may do so: plaintiff who was interviewed by Atty.
1. Where a strong probability exists that Manuel without the consent of plaintiffs
revealing the identity would implicate the counsel? Explain.
client in the very activity for which he
sought the lawyers advice. Answer:
2. When disclosure would open the client to YES. A witness is distinct and different from the
civil liability. adverse party. The rule earlier enunciated does not
3. Where the governments lawyers have no include permission to interview the adverse party
case against an attorneys client unless without the consent of his counsel. This is supported
by revealing the clients name. by Canon 9 of the Canons of Professional Ethics.

Question No. 8 (2009)) Code of Professional Question No. 18 (2009) Rule 7.03, Canon 7,
Responsibility, Canon 15, Rule 15.03 Chapter 2, CPR

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Atty. Hype, a bachelor, practices law in the gleaned as a delaying tactic on the part this
Philippines. On long weekends, he dates time of the client.
beautiful actresses in Hong Kong. Kristine, a
neighbor in the Philippines, filed with the 2) NO. There is strictly no forum shopping. Forum
Supreme Court administrative complaint shopping is the result when there is an adverse
against the lawyer because of sex videos opinion in one forum, and a party seeks a
uploaded through the internet showing Atty. favorable decision (other than by appeal or
Hypes sordid dalliance with the actresses in certiorari) in another forum. Here Beatriz,
Hong Kong. instead of filing an appeal or a certiorari in a
higher court to contest the award for legal fees,
In his answer, Atty. Hype (1) questions the chose to file an administrative complaint based
legal personality and interest of Kristine to on the ground of dishonesty which is not exactly
institute the complaint and (2) insists that he the identical with the issue raised in the demand
is a bachelor and the sex videos relate to his for legal fees.
private life which is outside public scrutiny and
have nothing to do with his law practice. Otherwise put, the issues pertaining to the demand
for legal fees have been rendered and are due for
Rule on the validity of Atty. Hypes defense. execution. The issues Beatriz is raising, whether
(5%). meritorious or otherwise, do not involve the same
causes of action. Rather, it pertains to an aspect of
Suggested Answer: the facts of the case which should have been agreed
The first defense does not lie because the legal upon at the onset.
personality and interest of Kristine to initiate the
complaint is not material to the disbarment case.
Disbarment proceedings are siu generis, and are not Question No. 21 (2009). Rule 15.02 and 15.07,
considered as civil actions, is not required in Canon 15, CPR
disbarment cases. Public interest is the primary
objective of disbarment cases and not merely private When Atty. Romualdo interviewed his client,
interest. Vicente, who is accused of murder, the latter
Atty. Hydes defense that his private life has nothing confessed that he killed the victim in cold
to do with his practice of law is not meritorious. The blood. Vicente also said that when he takes the
CPR specifically provides that lawyers should not witness stand, he will deny having done so. Is
engage in conduct that adversely reflects his fitness Atty. Romualdo obliged, under his oath as
to practice law, nor behave in a scandalous manner lawyer, to inform the judge that (a) his client is
to discredit the legal profession, whether private or guilty and (b) his client will commit perjury on
public. Thus, there is a ground for sanctions ions or the witness stand? Explain.
even his disbarment.
Answer:
a) Atty. Romualdo cannot and is not obliged to
Question No. 19 (2009). Canon 20, CPR reveal to the judge that Vicente is guilty of
murder. Under the rule on privileged
Atty. Wilmar represented Beatriz in a partition communication, admission of a crime already
case among heirs, and won. When Wilmar committed is deemed privileged. Attorney-client
demanded payment of attorneys fees, Beatriz privilege attaches and he is bound under such
refused to pay. Wilmar sued Beatriz for the rule to keep secret what his client, Vicente, told
unpaid attorneys fees and obtained a him in confidence.
favorable judgment. Thereafter, Beatriz filed an
administrative complaint against Wilmar b) Under the circumstances that his client
claiming that he lied when he stated in his expressly told him that he will commit perjury
claim for attorneys fees that the subject of the when he takes the witness stand, such
partition case involved the entire estate of the communication is no longer privileged since it
deceased when, in fact, it covered only 50% pertains to a crime yet to be committed. What
thereof. Wilmar set up the defenses that (1) Atty. Romualdo must do first is discourage his
Beatriz filed the complaint only to delay the client to commit perjury, since a lawyer must
execution of the judgment ordering her to pay impress upon his client to obey the law. If he
attorneys fees and (2) Beatriz engaged in cannot convince him, then the CPR directs him
forum-shopping. Are the defenses of Atty. and gives him a ground to discontinue his
Wilmar tenable? Explain. services. (Rule 15.07, CPR). Prudence and
practice show that it may not be in his best
Answer: interest to be the one to reveal to the judge that
1) YES. The defenses of Atty. Wilmar are tenable Vicente will commit perjury on the witness stand
since Atty. Wilmar had already obtained a since this revelation lies outside the Attorney-
favorable judgment both his clients case as well Client privilege.
as his demand for payment of attorneys fees
due him. Under the circumstances where
services has already been rendered, and his Question No. 22 (2009). Rule 13.01, Canon 13,
demand passed upon by a court, the CPR
subsequent administrative complaint can be

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On a Saturday, Atty. Paterno filed a petition for private activities that do not involve the
a Writ of Amparo with the Court of Appeals practice of law. (2%)
(CA). Impelled by the urgency for the issuance
of the writ, Atty. Paterno persuaded his friend, SUGGESTED ANSWER:
CA Justice Johnny de la Cruz, to issue the Writ Rule 7.03 A lawyer shall not engage in conduct that
of Amparo and the notice of hearing without adversely reflects on his fitness to practice law, nor
the signature of the two other Justices- shall he whether in public or private life, behave in a
members of the CA division. Are Atty. Paterno scandalous manner to the discredit of the legal
and Justice de la Cruz guilty of unethical profession.
conduct? Explain. (4%)
Rule 7.01 A lawyer shall be answerable for
Answer: knowingly making a false statement or suppressing a
YES. Atty. Paterno violated the CPR which provides material fact in connection with his application for
that a lawyer shall rely on the merits of his case and admission to the bar.
refrain from any improperly which influence or gives
the appearance of influencing the court. Atty.
Paternos act of using his friendship with Justice de la
Cruz in order to acquire the Writ of Amparo without a
hearing is not in accordance with this rule. Atty. Question No. 7 (2010). Canon 7
Paterno should have let the process continue on its
own without using connections or influence. Atty. Candido commented in a newspaper that
the decision of the Court of Appeals was
Another Suggested Answer: influenced by a powerful relative of the
YES. Justice dela Cruz violated the NCJC which prevailing party. The appellate court found him
provides that judges shall, in their personal relations guilty of indirect contempt.
with individual members of the legal profession,
avoid situations which might reasonably give rise to Does this involve moral turpitude? Explain.
the suspicion or appearance of favoritism or (3%)
partiality. By issuing the Writ of Amparo alone, in
violation of the law, he has violated this rule. SUGGESTED ANSWER:
No. Moral turpitude has been defined as everything
Question No. 4 (2010). Canon 7. which is done contrary to justice, modesty, or good
morals, an act of baseness, vileness or depravity in
Atty. XX rented a house of his cousin JJ on a the private and social duties which a man owes his
month-to-month basis. He left for a 6-month fellowmen, or to society in general, contrary to
study in Japan without paying his rentals and justice, modesty or good morals.
electric bills while he was away despite JJs
repeated demands. Atty. Candido act of attributing corruption in the court
is contemptuous under the CPR but does not
Upon his return to the Philippines, Atty. XX still constitute moral turpitude.
failed to settle his rental arrearages and
electric bills, drawing JJ to file an Obiter: Moral turpitude is a moral delinquency that
administrative complaint against Atty. XX. affects the fitness of a member of the bar to continue
as such and includes conduct that outrages the
Atty. XX contended that his non-payment of generally accepted moral standards of community.
rentals and bills to his cousin is a personal
matter which has no bearing on his profession
as a lawyer and, therefore, he did not violate
the Code of Professional Responsibility.

a. Is Atty. XX contention in order?(3%) Question No. 3 (2010). Canon 8.

SUGGESTED ANSWER: Atty. Y, in his Motion for Reconsideration of the


No. The Supreme Court ruled when a lawyer incurs Decision rendered by the National Labor
debts, he has the moral duty and legal responsibility Relations Commission (NLRC), alleged that
to settle them when they become due. there was connivance of the NLRC
Commissioners with Atty. X for monetary
Lawyers must at all times faithfully perform their considerations in arriving at the questioned
duties to the society, to the bar, to the court and to decision. He insulted the Commissioners for
their clients. As part of their duties, they must their ineptness in appreciating the facts as
promptly pay their financial obligations. (Wilson borne by the evidence presented.
Cham vs. Atty. Eva Pata-Moya, 556 SCRA 1,2008)
Atty. X files an administrative complaint
b. Cite two (2) specific Rules in the Code of against Atty. Y for using abusive language.
Professional Responsibility, violation of
which subjects a lawyer to disciplinary Atty. Y posits that as lawyer for the down-
action by the Supreme Court although the trodden laborers, he is entitled to express his
acts complained of are purely personal or righteous anger against the Commissioners for
having cheated them; that his allegations in
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the Motion for Reconsideration are absolutely Rule 9.01 states- A lawyer shall not delegate to any
privileged; and that proscription against the unqualified person the performance of any task
use of abusive language does not cover which by law may only be performed by a member of
pleadings filed with the NLRC, as it is not a the bar in good standing.
court, nor are any of its Commissioners Justices
or Judges.
Question No. 15-A (2010). Canon 13.
Is Atty. Y administratively liable under the
Code of Professional Responsibility? Explain. Rico, an amiable, sociable lawyer, owns a share
(3%) in Marina Golf Club, easily one of the more
posh golf courses. He relishes hosting parties
SUGGESTED ANSWER: for government officials and members of the
Yes. Case law has it that it is unavailing to presume bench.
that labor practitioners are entitled to some latitude
of righteous anger. Likewise, the Court is not deterred One day, he had a chance meeting with a judge
from exercising supervisory authority over lawyers in the Intramuros golf course. The two readily
who misbehave or fail to live up to that standard got along well and had since been regularly
expected of them as members of the Bar. playing golf together at the Marina Golf Club.

NLRC exercises quasi-judicial functions and should be a. If Atty. Rico does not discuss
accorded with the same respect and demeanor due cases with members of the bench during
to courts of law. parties and golf games, is he violating the
Code of Professional Responsibility? Explain.
Canon 8 of the CPR states that a lawyer shall conduct (3%)
himself with Courtesy, Fairness and Candor towards
his professional colleagues. Relative thereto, Rule SUGGESTED ANSWER:
8.01 profers that a lawyer shall not, in his YES. Atty. Rico is liable for violating Canon 13 Code of
professional dealings, use language which is abusive, Professional Responsibility, he should refrain from
offensive or otherwise improper. In a bid to maintain any impropriety which tends to influence or gives the
respect due to courts and to judicial officer, Rule appearance of influencing the court. This is especially
11,03 again states that a lawyer shall abstain from true if Atty. Rico is regularly practicing in the court of
scandalous, offensive or menacing language or the judges.
behavior before the courts.
Also, Rule 13.1 states that A lawyer shall not extend
In addition, Rule 11.04 specifically states that a extraordinary attention or hospitality to, nor seek
lawyer shall not attribute to judge motives not opportunity for cultivating familiarity with judges. In
supported by the record. playing golf regularly with judges, familiarity will
certainly arise and whether or not they discuss cases
Obiter: Canon 7 states that lawyers should at all is a non-issue.
times uphold the integrity and dignity of the legal
profession and continues in Rule 7.03 to state that Case law has it, constant company with lawyer tends
lawyers should not behave in a scandalous manner to to breed intimacy and camaraderie to the point that
the discredit of the legal profession. favors in the future may be asked from the judge
which he may find hard to refuse. (Padilla v. Zantua
Jr.)
Question No. 6 (2010). Canon 9.

Atty. Monica Santos-Cruz registered the firm Question No, 8 (2010). Canon 16.03.
name Santos-Cruz Law Office with the
Department of Trade and Industry as a single For services to be rendered by Atty. Delmonico
proprietorship. In her stationery, she printed as counsel for Wag Yu in a case involving 5,000
the names of her husband and a friend who are square meters (sq.m.) of land, the two agreed
both non-lawyers as her senior partners in light on a success fee of P50,000 plus 500 sq.m. of
of their investments in the firm. She allowed the land.
her husband to give out calling cards bearing
his name as senior partner of the firm and to The trial court rendered judgment in favor of
appear in courts to move for postponements. Wag Yu which became final and executory.

Did Atty. Santos-Cruz violate the Code of After receiving P50,000, Atty. Delmonico
Professional Responsibility? Why? (3%) demanded the transfer to him of the promised
500 sq.m. Instead of complying, Wag Yu filed
SUGGESTED ANSWER: an administrative complaint charging Atty.
Yes. The CPR clearly provides that a lawyer shall not, Delmonico with violation of the Code of
directly or indirectly, assist in the unauthorized Professional Responsibility and Article 1491 (5)
practice of law. (Canon 9) of the Civil Code for demanding the delivery of
a portion of the land subject of litigation.
Clearly the husband and friend are non-lawyers who
cannot be partners in a law from otherwise it
constitutes unauthorized practice of law. Similarly,
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Is Atty. Delmonico liable under the Code of
Professional Responsibility and the Civil Code?
Explain? (5%)
Sheryl, Eric's counsel, once asked for
SUGGESTED ANSWER: postponement and the court granted it since
No. Rule 16.03 A lawyer shall deliver the funds and the opposing counsel, Bernadine, did not
property of his client when due or upon demand. object. Eric then asked Sheryl not to allow any
However, he shall have a lien over the funds and may further postponements because his case has
apply so much thereof as may be necessary to satisfy been pending for 8 years. When trial resumed,
his lawful fees and disbursements, giving notice Bernadine moved to reset the trial because of
promptly thereafter to his client.
her infant's ailment. What must Sheryl do?
He shall also have a lien to the same extent on all
judgments and executions he has secured for his
client as provided for in the Rules of Court. Here the
land is no longer subject of litigation because the
Answer:
case was already final and executor.

(A) Remind the Court that it has the duty to


promptly decide the case.
Question No. 3 (2011) Canon Law, Rule 20
(B) Interpose no objection since she too once
sought postponement without Bernadine's
objection.
Atty. Franciscos retainer agreement with RXU
said that his attorney's fees in its case against (C) Vehemently oppose Bernadine's motion
CRP "shall be 15% of the amounts collected." for being contrary to Eric's wishes.
Atty. Francisco asked the trial court to issue a
temporary restraining order against CRP but (D) Submit the motion to the Court's
this was denied, prompting him to file a sound discretion.
petition for certiorari with the Court of Appeals
to question the order of denial. At this point,
RXU terminated Atty. Franciscos services.
When the parties later settled their dispute
amicably, CRP paid RXU P100 million. Because
of this, Atty. Francisco came around and
Question No. 7 (2011) Canon Law, rule 7
claimed a 15% share in the amount. What
should be his attorneys fees?

Which of the following statements best


describes the distinct traditional dignity that
Answer:
the legal profession enjoys over other
professions?
(A) Nothing because the compromise came
after RXU terminated him.

(B) 15% of what CRP paid RXU or P15 million.

(C) A reasonable amount that the court


Answer:
shall fix upon proof of quantum merit.

(A) People are quite dependent on lawyers for


(D) Nothing since he was unable to complete
their skills in getting them out of trouble with
the work stated in the retainer contract.
the law.

(B) Its members strive to maintain


honesty even in their private dealings.

(C) Its members earn by charging specified


Question No. 5. (2011), Canon law
emoluments or fees.

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(D) The profession is anchored on a fiduciary of the actions that Atty. Chito had instituted,
relation with the client. the latter objected on the ground that his term
had not yet expired and Atty. Arthur had no
vacancy to fill up. Is Atty. Chito right?

Question No. 14 (2011), CANON law Answer:

(A) No, because Atty. Chitos continued


appearances in the cases was without
After Atty. Benny got a P2 million final authority since 14 January 2007.
judgment in his clients favor, he promptly
asked the court, without informing his client, (B) No, because Atty. Arthur would have
to allow him a charging lien over the money in violated the rule on forum shopping.
the amount of P500,000, his agreed fees, The
Court issued a writ of execution for the whole (C) Yes, because Atty. Chitos retainer and
judgment in Atty. Benny's name with an order authority remained valid until 17 April 2006.
for him to turn over the excess to his client. Is
Atty. Bennys action correct? (D) No, because Atty. Chito has the duty to
expose the irregularities committed by the
members of Faction B.

Answer:

(A) No, since his fees are excessive.

(B) Yes, since he was merely asserting his Question No. 16 (2011), Canon Law, Canon 10
right to collect his fees.

(C) Yes, since he would anyway give the


excess to his client after getting his fees. Noel and Emily who were involved in a road
accident sued Ferdie, the driver of the other
(D) No, since he did not disclose to his car, for damages. Atty. Jose represented only
client the matter of getting a charging Noel but he called Emily to testify for his client.
lien and a writ of execution in his name. During direct examination, Emily claimed that
her injuries were serious when Atty. Jose knew
that they were not. Still, Atty. Jose did not
contest such claim. Ferdie later sued Emily for
giving false testimony since her own doctors
report contradicted it. He also sued Atty. Jose
for foisting a false testimony in court. Is Atty.
Question No. 15 (2011), Canon Law
Jose liable?

On 17 April 2006 NWD, a local water district


Answer:
entity, hired Atty. Chito as private counsel for a
year with the consent of the Office of the
Government Corporate Counsel (OGCC). Shortly (A) No, because he did not knowingly arrange
after, a leadership struggle erupted in NWD for Emily to lie in court.
between faction A and faction B. Siding with
the first, Atty. Chito filed several actions (B) Yes, because he did not advise his client
against the members of faction B. Eventually, to settle the case amicably.
the court upheld Faction B which thus revoked
Atty. Chitos retainer on 14 January 2007. With (C) No, because Emily did not permit him to
OGCCs approval, NWD hired Atty. Arthur in his reveal the falsity to the court.
place. When Atty. Arthur sought the dismissal

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(D) Yes, because he knowingly let (A) No, but she can assist another lawyer who
Emily's false testimony pass for truth. will handle the case.

(B) Yes, but she must notify Lenie before


accepting the case.

(C) No, because her duty to keep the


Question No. 17 (2011), Canon Law, Rule 16 confidences of previous clients remains.

(D) Yes, but she cannot reveal any


confidential information she previously got.
In settling his client's claims, Atty. Cruz
received from the adverse party P200,000 in
cash for his client. Which of the following is an
IMPROPER way for Atty. Cruz to handle the
money?
Question No. 24 (2011), Canon Law, Canon 19

Answer:
A difficult client directed his counsel to bring
(A) Ask his client to prepare a check for his up to the Supreme Court the trial courts
fees for swapping with the cash. dismissal of their action. Counsel believes that
the trial court acted correctly and that an
(B) Deposit the cash in his own bank appeal would be futile. Which of the following
account and later issue his personal options should counsel take?
check to his client, less his fees.

(C) Turn over the cash to his client with a


request that the latter pay him his fees. Answer:

(D) Tell his client about the settlement and (A) Withdraw from the case to temper
the cash and wait for the client's instructions. the clients propensity to litigate.

(B) Engage a collaborating counsel who can


assist in the case.

(C) Submit a new retainer proposal to the


Question No. 20 (2011) canon law, canon21 client for a higher fee.

(D) Elevate the case to the Supreme Court as


directed by client.
After representing Lenie in an important
lawsuit from 1992 to 1995, Atty. Jennifer lost
touch of her client. Ten years later in 2005,
Evelyn asked Atty. Jennifer to represent her in
an action against Lenie. Such action involved
certain facts, some confidential, to which Atty. Question No. 25 (2011) Canon Law, Rule 11
Jennifer was privy because she handled Lenie's
old case. Can Atty. Jennifer act as counsel for
Evelyn?
Although not counsel in a particular case, Atty.
Anthony asked Lisa, the RTC clerk of court, if
the case records have already been remanded
Answer: to the MTC as the Court of Appeals directed.
Lisa said no, saying that the RTC had not yet
received a certified copy of the Court of

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Appeals decision. When Lisa suggested that (C) No, since his appeal to the Environment
Atty. Anthony first secure such a copy, the Secretary was administrative, not judicial.
latter scolded her. Shamed by this, Lisa filed a
disciplinary action against him for encroaching (D) No, since he has to exhaust all available
on the work of the lawyers of record. Anthony remedies to serve his clients interest.
defends his follow-up action by claiming good
faith and the possibility of entering his
appearance later. Is Anthony liable for his
record follow up?

Question No. 29 (2011), Canon Law, Rule 1


(ambulance Chasing)
Answer:

(A) Yes, because he did not inform Lisa of the


basis of his interest in the case.
Atty. Melissa witnessed the car accident that
resulted in injury to Manny, a friend of hers.
(B) Yes, because none of the parties to While visiting him at the hospital, she advised
the case authorized him to do such him about what action he needed to take
follow up. regarding the accident. Is Atty. Melissa subject
to disciplinary action if she eventually handles
(C) No, because he acted in good faith with a the case for him?
view to a possible retainer.

(D) No, because following up the records of


any case does not constitute practice of law. Answer:

(A) No, because Melissa did not directly


volunteer her services.

(B) No, because Manny happened to be


Question No. 28 (2011), Canon Law, Rule 12.02 a friend.
(forum Shopping)
(C) Yes, she engaged in typical ambulance
chasing.

Counsel for Philzea Mining appealed a decision (D) Yes, because she should have offered her
of the Bureau of Mines, which was adverse to services for free.
his client, to the Environment Secretary. At
about the same time, he filed a special civil
action of certiorari with the Court of Appeals
for the annulment of the same decision. Did
counsel commit any ethical impropriety in his
actions?
Question No. 33 (2011), Canon Law, rule 6.02

Answer:
Atty. Eliseo represented Allan in a collection
suit against the Philippine Charity Sweepstakes
(A) Yes, since the action he filed with the
Office (PCSO). After his election as
Court of Appeals was barred by the pendency
sangguniang bayan member, the court
of a similar action before the Environment
rendered a decision in PCSOs favor. Still, Atty.
Secretary.
Eliseo appeared for Allan in the latters appeal,
prompting the PCSO to question his right to do
(B) Yes, since he was evidently shopping so. In response, Atty. Eliseo claimed that the
for a sympathetic forum, a condemnable local government code authorizes him to
practice.

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practice law as long it does not conflict with his
duties. Is Atty. Eliseo right?
After hearing in a sensational criminal case,
counsel for the accused told television viewers
how the judge unfairly ruled to stop his witness
Answer: from testifying fully about certain aspects of
the case that would help the accused. Counsel
(A) No, because he cannot appear said that the public should know the injustice
against a government instrumentality in to which his client was being subjected. Can
a civil case. counsel be disciplined for his utterances?

(B) Yes, because his official duties do not


conflict with his private practice.
Answer:
(C) No, because he works on his private case
at the sacrifice of public service. (A) Yes, because rather than defend the
judicial system as was his duty, he attacked
(D) Yes, because he does not appear in the it.
case as a municipal official.
(B) No, since counsel did not use obscene
language.

(C) No, so long as counsel did not


knowingly make false statements or act
in reckless disregard of truth.
Question No. 34 (2011), Canon Law, Canon18

(D) Yes, even if the judge may have actually


made unfair rulings in the course of trial.

Which of the following instances demonstrates


counsels LACK of diligence in serving his
client's interest?

Question No. 38 (2011), Canon Law, Rule 22


Answer:

(A) Failing to file his clients appeal brief


despite 2 extensions upon the excuse Which of the following is required of counsel
that the client did not coordinate with when withdrawing his services to a client in a
him. case?

(B) Failing to send to client a requested legal


opinion until after the latter gave him the
additional documents he requested. Answer:

(C) Failing to rehearse his client on his (A) Counsel's desire to withdraw, expressed
testimony before the trial. in his motion.

(D) Updating his client about the status of his (B) Payment of withdrawal fee.
case by phone and electronic mail.
(C) Opposing counsels conformity to the
withdrawal.

(D) Client's written consent filed in


court.
Question No. 37 (2011), Canon Law, Rule 8

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Question No. 39 (2011), Canon Law, Rule 11

Question No. 42 (2011), Canon Law, Rule 16

Which of the following demonstrates the


lawyer's duty to give the court the respect it
deserves? Which of the following characteristics pertains
to a charging lien?

Answer:
Answer:
(A) Counsel consistently appearing in court
on time. (A) It cannot attach to judgments for
delivery of real estates.
(B) Counsel obeying court's orders and
processes. (B) It involves documents placed in the
lawyer's possession by reason of the retainer.
(C) Woman counsel appearing in court
dressed in business attire. (C) It does not need any notice to the client
to make it effective.
(D) Counsel addressing the court as "Your
Honor" at all times. (D) It may be exercised before judgment or
execution.

Question No. 40 (2011), Canon Law, Canon 20


Question No.45 (2011), Canon law, Rule 2

Atty. Arthur agreed to represent Patrick in a


personal injury case after the latter signed a On November 28 Atty. Patrick wrote in a
retainer agreement for a 33% fee contingent newspaper column that the Supreme Court
on their winning the case. In the course of trial, already decided in favor of the validity of the
Patrick dismissed Atty. Arthur after he Executive Order that created the Truth
presented their evidence in chief and engaged Commission upon a vote of 13-2. But, as it
Atty. Winston another lawyer. They lost the turned out, the Court actually rendered an
case. What fee would Atty. Arthur be entitled adverse decision only on December 7, and
to? upon a vote of 10-5. Asked to explain his
misleading article, Patrick said that his
constitutionally protected right to free
expression covered what he wrote. Can the
Answer: Court cite Patrick for contempt?

(A) Thirty three percent of the fee actually


paid to Winston.
Answer:
(B) The reasonable value of his services.
(A) Yes, because his article obstructs
(C) A flat hourly rate for the time he invested and degrades the administration of
in the case. justice.

(D) Absolutely nothing.


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(B) No, because the right to free expression Which of the following demonstrates a lawyers
occupies a high rank in the hierarchy of fidelity to known practices and customs of the
cherished rights. bar regarding a case he is handling?

(C) No, because courts must simply ignore


public opinion and the media when rendering
decisions. Answer:

(D) Yes, because he wrote a lie in his column. (A) Treating his clients disclosures as
confidential but not the documents he
submits for review.

(B) Meeting with his clients opponent over


lunch to discuss settlement without telling his
Question No. 46 (2011), Canon Law, Rule 1 client.

(C) Accepting a tough case although he


is new in practice, trusting that his
Atty. Ramon borrowed his client's (Menchu) diligence would make up for lack of
land title. After eight months, Menchu experience.
demanded its return but he failed to comply
and changed his residence. After Menchu (D) Inviting the judge hearing the case to
tracked him down, she confronted him about dinner with no purpose to discuss the case
the title. He then offered to just buy the with him.
property and gave her five checks for it but
these bounced. Charged with malpractice, Atty.
Ramon answered that his license to practice
law cannot be in issue. He merely incurred civil Question No. 1 (2013). Code 19, 22, 10
liability for a failed transaction. Will the
malpractice action prosper?

Atty. Bravo represents Carlos Negar (an


insurance agent for Dormir Insurance Co.) in a
Answer: suit filed by insurance claimant Andy Limot
who also sued Dormir Insurance. The insurance
policy requires the insured/claimant to give a
(A) No, because his failure to pay his written notice to the insurance company or its
obligation only makes him civilly liable. agent within 60 days from the occurrence of
the loss.
(B) No, since Menchu did not transact
business with Atty. Ramon as a lawyer. Limot testified during the trial that he had
mailed the notice of the loss to the insurance
agent, but admitted that he lost the registry
(C) Yes, because it is professionally receipt so that he did not have any
reprehensible for a lawyer to be unavailable documentary evidence of the fact of mailing
to a person in need. and of the timeliness of the mailed notice.
Dormir Insurance denied liability, contending
that timely notice had not been given either to
(D) Yes, he having taken advantage of the company or its agent. Atty. Bravos client,
Menchu who was not fully protected and agent Negar, testified and confirmed that he
had no independent advice. never received any notice.

A few days after Negar testified, he admitted


to Atty. Bravo that he had lied when he denied
receipt of Limots notice; he did receive the
notice by mail but immediately shredded it to
defeat Limots claim.
Question No. 50 (2011), Canon law, Rule 17, 18
If you were Atty. Bravo, what would you do in
light of your clients (Carlos Negars)
disclosure that he perjured himself when he
testified? (8%)

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Atty. Roto may be compelled to testify. As an officer


SUGGESTED ANSWER: of the court, a lawyer shall exert every effort and
consider it his duty to assist in the speedy and
efficient administration of justice (Code of
If I were Atty. Bravo I shall promptly call upon Carlos Professional Responsibility, Canon 12). Furthermore,
Negar, my client, to rectify his perjured testimony by a lawyer owes candor, fairness and good faith to the
recanting the same before the court. court (Ibid., Canon 10).

Should he refuse or fail to do so I shall then terminate ALTERNATIVE ANSWER


my relationship with him (Code of Professional
Responsibility, Canon 19, Rule 19.02) stating that Motion granted. It is true that being a corporate
with his having committed perjury he pursued an secretary does not necessarily constitute a lawyer-
illegal conduct in connection with the case (Ibid., client relation. However, Atty. Roto may be
Canon 22, Rule 22.01). considered in the practice of law if part of his duties
as a corporate secretary is to give legal advice to or
Since my client Limot refuses to forego the prepares legal documents for the corporation. Thus, a
advantage thus unjustly gained as a result of his lawyer-client relationship may have been constituted
perjury, I should promptly inform the injured person between Atty. Roto and the corporation.
or his counsel, so that they may take the appropriate Consequently, it is his duty as an attorney to
steps (Canons of Professional Ethics, Canon 41). maintain inviolate the confidence, and at every peril
to himself, to preserve the secrets of his client
Finally, as part of my duty to do no falsehood, nor (Rules of Court, Rule 138, Sec. 20, par. e,
consent to the doing of any in court (Code of paraphrasing and arrangement supplied).
Professional Responsibility, Canon 10, Rule 10.01,
and the Attorneys Oath). I shall file a manifestation
Atty. Roto learned from the company president of the
with the court attaching thereto the notice of
bribery and falsification, while Atty. Roto was in the
termination as Limots counsel.
course of his performance of his duties as corporate
secretary. Thus, he could not be examined in that
matter without the consent of his client (Ibid., Rule
Question No. 2 (2013). Canon 12.
130, Sec. 24(b)).

Question No. 4 (2013). Canon 1


Atty. Serafin Roto is the Corporate Secretary of
a construction corporation that has secured a Atty. Doblar represents Eva in a contract suit
multi-million infrastructure project from the against Olga. He is also defending Marla in a
government. In the course of his duties as substantially identical contract suit filed by
corporate secretary, he learned from the Emma. In behalf of Eva, Atty. Doblar claims
company president that the corporation had that the statute of limitations runs from the
resorted to bribery to secure the project and time of the breach of the contract. In the action
had falsified records to cut implementing costs against Marla, Atty. Doblar now argues the
after the award of the project. reverse position i.e., that the statute of
limitation does not run until one year after
The government filed a civil action to annul the discovery of the breach.
infrastructure contract and has subpoenaed
Atty. Roto to testify against the company Both cases are assigned to Judge Elrey.
president and the corporation regarding the Although not the sole issue in the two cases,
bribery. Atty. Roto moved to quash the the statute of limitations issue is critical in
subpoena, asserting that lawyer-client both.
privilege prevents him from testifying against
the president and the corporation. Is there an ethical/professional responsibility
Resolve the motion to quash. (8%) problem in this situation? If a problem exists,
what are its implications or potential
consequences? (8%)

SUGGESTED ANSWER:
SUGGESTED ANSWER:
Motion denied. The motion should be denied because
Atty. Roto did not learn of the bribery and falsification Yes. There is an ethical/professional responsibility
in connection with a lawyer-client relation. Being a problem that results from the actuation of Atty.
corporate secretary does not create a lawyer-client Doblar in arguing the reverse positions.
relation because membership in the Bar is not a
requirement to perform functions of a corporate The signatures of Atty. Doblar on the pleadings for
secretary. Consequently, Atty. Roto does no owe any Eva and Maria, constitute a certificate by him that he
obligation of confidentiality to the corporation. has read the pleadings; that to the best of his

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knowledge, information and belief there is good 10, with regard to purchase of any interest in the
ground to support them; and that the pleading were subject matter of the litigation both refer only to
not interposed for delay (Rules of Court, Rule 7, Sec. instance where the property is still the subject of the
3, 2nd par.). Atty. Doblar could not claim he has litigation.
complied with the foregoing requirement because he
could not take a stand for Eva that is contrary to that The prohibition does not apply to instance, such as in
taken for Maria. His theory for Eva clearly contradicts the problem, where the conveyance takes place after
his theory for Maria. He has violated his professional the judgment because the property can no longer be
responsibility mandated under the Rules of Court. said to the subject of litigation (Director of Lands v.
Ababa, G.R. No. L-26096, February 27, 1979).
He has likewise violated the ethical responsibility that
his appearance in court should be deemed equivalent ALTERNATIVE ANSWER
to an assertion on his honor that in his opinion his Atty. Crocodilo did not commit any ethical violation
clients case is one proper for judicial determination nor did he violate any law when he purchased a
(Canons of Professional Ethics, Canon 30, 2nd par., condominium unit from the developer. The
last sentence). prohibition under the Canons of Professional Ethics
and under the Civil Code, Art. 1491(5) finds
In counselling on the contradictory positions, Atty. application only while the property is still the subject
Doblar has likewise counseled or abetted activities ogf litigation. With the judgment having attained a
aimed at defiance of the law or at lessening state of finality, the property can no longer be said to
confidence in the legal system (Code of Professional be the subject of litigation (Director of Lands v.
Responsibility, Canon 1, Rule 1.02) because Ababa, G.R. No. L-26096, February 27, 1979).
conflicting opinions may result arising from an
interpretation of the same law. While technically, Judge Cerdo has not violated the
provisions of the Civil Code, Art. 1491(3) when he
Atty. Doblar could not seek refuge under the umbrella purchased a condominium unit form the developer
that what he has done was in protection of his because the judgment has attained a state of finality,
clients. This is so because a lawyers duty is not of there may be some concerns on the ethical aspect of
his client but to the administration of justice. To that what he had done.
end, his clients success is wholly subordinate. His
conduct ought to and must always be scrupulously Familiar is the maxim, Non omne quod licet
observant of the law and ethics (Ernesto Pineda, honestum est (Not everything that is legal is ethical).
LEGAL AND JUDICIAL ETHICS, 211 (1999), citing Judges, like Judge Cerdo should be free of any whiff of
Maglasang v. People, G.R. No. 90083, October 4, impropriety. Judges shall avoid impropriety and the
1990). appearance of impropriety in all of their activities
(New Code of Conduct for the Philippine Judiciary,
Any means, not honorable, fair and honest, which is Canon 4, Sec. 1).
resorted to by the lawyer, even in the pursuit of his
devotion to his clients cause , is condemnable and His purchase of a condominium unit from the
unethical (Ibid.). developer might be interpreted by some quarters as
a consideration for his having decided the case in
favor of the defendant developer.
Question No. 7 (2013). Canon 4.

In an action to prevent the condominium


developer from building beyond ten (10) floors,
Judge Cerdo rendered judgment in favor of the Question No. 8-MCQ (2013). Canon 14
defendant developer. The judgment became
final after the plaintiffs failed to appeal on
time. Judge Cerdo and Atty. Cocodrilo, counsel
for the developer, thereafter separately
purchased a condominium unit each from the Vito is a notorious gangster in the province who has
developer.
been accused of raping and mercilessly killing a 16-
Did Judge Cerdo and Atty. Cocodrilo commit year old girl. Sentiments run very strongly against
any act of impropriety or violate any law for him and the local Bar Association met and decided
which they should be held liable or sanctioned? that no lawyer in the locality would represent him.
(8%) Vito could not afford the services of an out-of-town
counsel.

SUGGESTED ANSWER:

Judge Cerdo and Atty. Cocodrilo did not commit any Choose the most appropriate legal and ethical
act of impropriety nor did they violate any law.
characterization of the decision of the local Bar
The prohibition imposed by the Civil Code, Art. Association. (1%)
1491(5), prohibiting judges and attorneys, and that
contained in the Canons of Professional Ethics, Canon

17
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Answer: SUGGESTED ANSWER:

(A) It is within its right to make, since lawyers No. Attorney Novatos manner of carrying out his
may freely decide who to represent and who professional practice is not in keeping with the
not to represent. appropriate ethical and professional practice. He has
disregarded the law profession which may result to
loss of respect to lawyers as a whole.
(B) It is unethical; it constitutes a collective
denial of Vitos right to the assistance of The use of a makeshift hut standing alone would
counsel. create the impression that the lawyer does no have a
permanent address which is required to be stated in
all pleadings he signs as well as required to be shown
(C) It constitutes an anticipated act of
in documents he notarizes.
contempt towards the court that may order
any of the members of the association to His shingle shows that he has considered the law
represent the accused. profession as a business. He should have a separate
shingle for his copier services business.
(D) It must be concurred in by each member
When he included in his shingle the phrases
of the Bar Association to have any binding Specialist in Small Claims and Fastest in
force. Notarization, he has transgressed the rule that a
lawyer in making known his legal services shall use
(E) It is unethical because the Bar Association only dignified information or statement of facts (Code
already prejudged Vito. of Professional Responsibility, Canon 3). So also the
norm that a lawyer shall not use or permit the use of
any misleading, undignified self-laudatory or unfair
statement or claim regarding his qualifications or
SUGGESTED ANSWER: legal services (Ibid., Canon 3, Rule 3.01).

(B) It is unethical; it constitutes a collective The use of the phrases Specialist in Small Claims
denial of Vitos right to the assistance of and Fastest in Notarization is misleading
advertisement because they are likely to create an
counsel (Code of Professional Responsibility,
unjustified expectation about the results the lawyer
Canon 14, Rule 14.01; 1987 Constitution, Art. can achieve or implies that the lawyer an achieve
III, Sec. 2). results by improper means (ABA Model Rule 7.1.b.).

[NOTES AND COMMENTS: The examinees have


Question No. 10 (2013) Canon 3 sixteen (16) minutes to answer each essay question.
Thus, they have more than ample time to write
As a new lawyer, Attorney Novato started with exhaustive answers to the questions. The citations
a practice limited to small claims cases, legal are merely guides. Examinees should get full credit
counseling, and notarization of documents. He even if they do not include the citations]
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 Question No. 11 MCQ (2013). Canon 14
vacant lot near the local courts and a local
transport regulatory agency. With this
strategic location, he enjoyed heavy patronage
assisting walk-in clients in the preparation and
Candido engaged the services of Atty. Lebron
filing of pleadings and in the preparation and
notarization of contracts and documents. He in a criminal case. In the course of their
had the foresight of investing in a good heavy consultations, Candido admitted to Atty.
duty copier machine that reproduces quality Lebron that he committed the crime and in fact
documents, and charges a reasonable fee for actively planned its commission. He stressed,
this service. He draws electric power from an however, that under no circumstance would he
extension wire connected to an adjoining small admit or confess to the murder charge he is
restaurant. He put up a shingle that reads:
facing and, in fact, would enter a plea of "not
"Atty. Novato, Specialist in Small Claims,
Fastest in Notarization; the Best and Cheapest guilty" on arraignment.
in Copier Services."

Is Attorney Novatos manner of carrying out his


professional practice i.e., mixing business
with the practice of law, announcing his If Candido insists on his planned plea, Atty.
activities via a shingle and locating his office as Lebron should __________. (1%)
above-described in keeping with appropriate
ethical and professional practice? (8%)

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Answer: The city legal officer advised the City
Engineers Office and the local PNP chief that
(A) discontinue his representation; to the TROs conditions are not in place so that
continue would be unethical since he would the demolition could proceed. The city filed a
then be aiding the accused in foisting a manifestation reflecting the city legal officers
deliberate falsehood on the court position, while the informal settlers counsel
sought its own clarification and reconsideration
(B) allow Candido to choose his course of from the court, which responded by decreeing
action; Atty. Lebrons duty is to protect all his that the conditions have been fulfilled. Despite
legal and statutory rights this ruling, the city legal officer insisted that
the conditions have not been fulfilled and thus
gave the PNP clearance to aid the City
(C) convince Candido to plead guilty and
Engineers Office in proceeding with the
withdraw from the case if Candido refuses to
demolition.
heed his advice

From the perspective of professional ethics,


(D) file a manifestation, if Candido pleads
how would you characterize the city legal
"not guilty," declaring to the court what he
officers actions? (1%)
knows of the truth.

(E) play matters by ear and wait for


developments as Candido may still plead
guilty. Answer:

(A) It is unethical since he counseled civil


SUGGESTED ANSWER: servants to disregard a court order.

(B) Allow Candido to choose his course of (B) It is ethical, since he acted in accordance
action; Atty. Lebrons duty is to protect all his with his honest conviction after considering
legal and statutory rights (Code of Professional that the courts conditions have not been
Responsibility, Canon 14, Rule 14.01). met.

Or (C) It constitutes indirect contempt, but the


lawyer cannot be disciplined because he
(C) Convince Candido to plead guilty and acted out of his firm and honest conviction.
withdraw from the case if Candido refuses to
heed his advice. (D) It is neither contemptuous nor unethical
since he was performing his duties as city
legal officer.

(E) It is unethical since the City Legal Officer


was simply blindly following the Mayors
wishes.
Question No. 12-MCQ (2013). Canon 12

SUGGESTED ANSWER:

A Regional Trial Court issues a temporary (A) It is unethical since he counseled civil
restraining order ( TRO ) halting the demolition servants to disregard a court order (Code of
order issued by the City Mayor who has long Professional Responsibility, Canon 12).
loathed the cluster of shanties put up by
informal settlers along the road leading to the
citys commercial district. The TRO, however,
carried conditions that must be in place before
the threatened demolition can be fully halted.

Question No. 13-MCQ (2013) Canon 15

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The mediator assigned to a civil case happens fellow church member, who has been informally
to be your law school classmate and he makes advising her on legal matters.
a doctrinal statement about the rights of the
parties. You knew that the statement, although
favorable to your clients case, is incorrect.
What is Dianas best ethical response? (1%)
The ethical move to make under the
circumstances is to __________. (1%)

Answer:

Answer: (A) Beg off from giving any advice because it


is a situation that is not purely legal.
(A) correct the mediator and state the right
doctrine (B) Advise Wanda on the purely legal side of
her problem and assure her that abortion is
(B) just keep quiet because the other counsel allowed by law if the pregnancy endangers
might learn about your relationship with the the life of the mother.
mediator
(C) Advise that it is a religious problem before
(C) reveal your relationship with the mediator it is a medical or legal one, and Wanda
and ask the opposing counsel if he has any should consult and follow the advice of her
objections religious confessor.

(D) request the Mediation Supervisor to (D) Advise Wanda that abortion, above
immediately change the mediator everything else, is a moral problem and she
should only have an abortion if it is an act
(E) simply withdraw from the case because of she can live with.
the unfair advantage that you enjoy
(E) Refrain from giving any kind of advice as
abortion is a serious matter that cannot be
SUGGESTED ANSWER: resolved through informal consultations with
friends and fellow church members.
(A) Correct the mediator and state the right
doctrine. This is part of my duty as a lawyer.
SUGGESTED ANSWER:
Or
(B) Advise Wanda on the purely legal side of
(C) Reveal your relationship with the mediator her problem and assure her that abortion is
and ask the opposing counsel if he has any allowed by law if the pregnancy endangers the
objections (Code of Professional Responsibility, life of the mother (Code of Professional
Canon 15, Rule 15.04). Responsibility, Canon 2, Rule 2.01-2.02).

Question No. 14 MCQ (2013) Canon 2

Wanda finally became pregnant in the 10th Question No. 15-MCQ (2013) Canon 15
year of her marriage to Horacio. As her
pregnancy progressed, she started having
difficulty breathing and was easily fatigued.
The doctors diagnosed that she has a heart Based on the same facts as Question XIV,
congestion problem due to a valve defect, and assume that Diana, aside from being a family
that her chances of carrying a baby to full term friend of the couple, has been formally and
are slim. Wanda is scared and contemplates informally acting as their lawyer in all their
the possibility of abortion. She thus sought personal and family affairs. She has
legal advice from Diana, a lawyer-friend and represented them in court in a case involving a

20
Compiled by BSU-Law, 3rd Year students SY 2015-16
car accident and in the purchase of their family (A) Yes. The decision of whether to have an
home, for which they formally paid the abortion should be decided by both spouses;
attorneys fees that Diana billed. thus, Diana should not have provided legal
advice in the absence of Horacio whose
concerns and positions are unknown to her
(Code of Professional Responsibility, Canon
In this instance, Wanda asked about her legal 15).
rights but did not formally ask for a written
opinion from Diana. Horacio never had any Or
input on the query as he was then away on an
out-of-town trip for his office. (C) No. The decision on whether or not to have
an abortion lies solely with Wanda; it is her
body and health that is in issue (Code of
Professional Responsibility, Canon 5 and Canon
Diana advised Wanda that she is fully 18); (Reproductive Health Law).
protected in law and her best course of action
is to have an abortion while her pregnancy is
not yet far advanced.

Question No. 17-MCQ (2013). Canon 15


Did Diana violate the prohibition against
representing conflicting interests when she
provided legal advice to Wanda without
Horacios knowledge? (1%) Under the same essential facts as the
preceding Question XVI, assume that you have
resigned from ABLE Law Office and that you
were never impleaded as a co-defendant, but
Answer: during your stay with the firm, you assisted in
handling the Cobra Co. account, which is
(A) Yes. The decision of whether to have an largely owned by Cable Co.
abortion should be decided by both spouses;
thus, Diana should not have provided legal
advice in the absence of Horacio whose
concerns and positions are unknown to her. The prosecutor handling the case against
Santino and the law firm asks you, as a former
(B) No. Diana did not give any formal advice law firm member, if you can help strengthen
that would constitute legal practice calling for the prosecutions case and hints that you, too,
the strict observance of the conflict of may be impleaded as a co-defendant if you do
interest rules. not cooperate.

(C) No. The decision on whether or not to


have an abortion lies solely with Wanda; it is
her body and health that is in issue. What is your best legal and ethical course of
action? (1%)
(D) No. Horacio and Wanda are married, any
advice given to Wanda is deemed to have
been given to Horacio as well.
Answer:
(E) No. Giving advice to Wanda is not
necessarily acting against Horacios interest; (A) Offer to testify on what you know and
Diana was giving advice based on the provide evidence against the defendants in
couples best interest. exchange for a guarantee of immunity from
prosecution in the case.

SUGGESTED ANSWER: (B) Offer to provide evidence against Santino,


but clarify that you cannot testify against

21
Compiled by BSU-Law, 3rd Year students SY 2015-16
Santino because of the privileged What will you do under these circumstances?
communications rule (1%)

(C) Decline to testify against the defendants


and to provide evidence in the case as the
attorney-client privilege lasts even beyond Answer:
the termination of the relationship.
(A) Disregard the wiretapped conversation as
(D) Decline to testify against the defendants it is inadmissible and will not serve any useful
as whatever information you acquired from purpose in the trial of the case.
Santino and Cable Co. in the course of the
lawyer-client relationship is privileged. (B) Present the wiretapped conversation in
court; although inadmissible, its introduction
(E) Alert the law firm to the prosecutions and the disclosure of its existence is a right
offer so that they can prepare for the that the public is entitled to.
evidence within your knowledge that the
prosecution may use. (C) Leak the wiretapped conversation to the
media, to let the public know what really
happened.
SUGGESTED ANSWER:
(D) Submit the wiretapped conversation to
(C) Decline to testify against the defendants
the Senate which is in the best position to
and to provide evidence in the case as the
determine what to do with it.
attorney-client privilege lasts even beyond the
termination of the relationship (Code of
(E) Let Napo privately know, through 3rd
Professional Responsibility, Canon 15, Rule
parties, that you are aware of the existence
15.02).
of the taped conversation, with the hint that
he can still hope for a lighter penalty if he
would cooperate.

SUGGESTED ANSWER:
Question No. 19-MCQ (2013). Canon 12
(A) Disregard the wiretapped conversation as it
is inadmissible and will not serve any useful
purpose in the trial of the case (Code of
You are a lawyer working at the Office of the Professional Responsibility, Canon 12).
Special Prosecutor and you are part of the
team handling the case against former Senator
Avido who is charged with plunder. Based on
your assessment of the evidence that the
complainant Linda submitted, you know that
the case against former Senator Avido is weak, Question No. 20-MCQ (2013). Canon 18
although you instinctively feel that he is guilty.
You inform your friend Atty. Curioso (who
works with the office of Senator Elmismo, a
known political rival of Senator Avido)
regarding your instinctive feeling about Armin, holding a transfer certificate of title to a
Senator Avido. Atty. Curioso springs a surprise lot in downtown Calamba in the name of Bobby,
by giving you a recording of the wiretapped shows you the title and claims that Bobby sold
conversation between Senator Avido and Napo, him the lot. He then asks you to draft a deed of
a private party co-accused, about the sale covering the transaction. In reply to your
transaction complained of and how they would query on where Bobby is, Armin explains that
split the proceeds. Bobby is currently out of the country but he
(Armin) has his general power of attorney
which he also shows to you. The power of
attorney empowers Armin to do everything
that Bobby can do with the Calamba lot, but
you note that it does not specifically authorize

22
Compiled by BSU-Law, 3rd Year students SY 2015-16
Armin to sell the property. Armin also assures with laundering money for an illegal drugs
you that he wants the deed of sale drafted so syndicate using Cable Co., Santinos holding
he can send it to Bobby for his signature even company. The lawyers of ABLE Law Office
while overseas. assigned to handle Santinos account have
been impleaded as co-defendants for
incorporating and actively handling the affairs
of Cable Co.
How will you act under the given
circumstances? (1%)

In its bid to strengthen its case against the


defendants, the prosecution approached you
Answer: (as the least guilty defendant who would
qualify for a discharge as a state witness) and
offers to make you a state witness.
(A) Agree to draft the deed of sale, subject to
your usual 10%commission.

(B) Refuse to draft the deed of sale, as Armin


has not presented a special power of Can you accept, within the bounds of
attorney that would support the deed that he professional ethics, the prosecutions offer?
is asking you to prepare. (1%)

(C) Refuse to draft the deed of sale, as Bobby


is not present to sign the deed of sale and
verify that he is indeed selling his lot to Answer:
Armin.
(A) No, as Santinos lawyer you are duty-
(D) Agree to draft the deed of sale, since it is bound to protect his interests, ably represent
only a draft that Bobby still has to consider him in court, and not turn against him.
and sign.
(B) Yes, as an officer of the court, you have
(E) Refuse to have anything to do with the duty to disclose to the court information
Armins request because it is a potentially crucial to the case.
problematic situation given the price of lots
in downtown Calamba. (C) No, the information you acquired
involving the criminal case against Santino is
covered by the privileged communications
SUGGESTED ANSWER: rule.

(B) Refuse to draft the deed of sale, as Armin (D) Yes, a lawyer may testify against his
has not presented a special power of attorney client provided he first severs the lawyer-
that would support the deed that he is asking client relationship.
you to prepare (Code of Professional
Responsibility, Canon 18). (E) Yes, the law of self-preservation is akin to
the law of self-defense and stands higher
than any obligation you may have with your
client.

Question No. 16-MCQ (2013). Canon 15, 10. SUGGESTED ANSWER:


Privileged Communication Rule
(C) No, the information you acquired involving
the criminal case against Santino is covered by
the privileged communications rule (Code of
Professional Responsibility, Canon 15, Rule
ABLE Law Office has a retainer agreement with
15.02); (Privileged Communication Rule).
Santino, a businessman with shady
connections, who has recently been charged
Or

23
Compiled by BSU-Law, 3rd Year students SY 2015-16
(B) Yes, as an officer of the court, you have the be considered improper. However, if his testimony
duty to disclose to the court information crucial can be dispensed with, being corroborative in nature,
to the case (Code of Professional Judge D should refrain from testifying as it may be
viewed as a subtle attempt to influence the outcome
Responsibility, Canon 10, Rule 10.01).
of the case. He should refrain from influencing in any
manner the outcome of litigation or dispute pending
before another court or agency. (Canon 1.03, New
Code of Judicial Conduct)

CODE OF JUDICIAL CONDUCT b. What qualities should an ideal judge


possess under the New Code of Judicial
Question No. 5 (2007). Canon 2 of the Code of Conduct for the Philippine Judiciary?
Judicial Conduct (10%) (5%)

During the hearing of an election protest filed Suggested Answer:


by his brother, Judge E sat in the area reserved Qualities of an ideal judge under the New Code of
for the public, not beside his brother's lawyer. Judicial Conduct are:
Judge E's brother won the election protest. Y, 1. Independence (Canon 1);
the defeated candidate for mayor, filed an 2. Integrity (Canon 2);
administrative case against Judge E for 3. Impartiality (Canon 3);
employing influence and pressure on the judge 4. Propriety (Canon 4); and
who heard and decided the election protest. 5. Competence and Diligence (Canon 5)

Judge E explained that the main reasons why


he was there in the courtroom were because he Question No. 1 (2009). NEW CODE OF JUDICIAL
wanted to observe how election protest are CONDUCT) Admin Matter No. 03-05-01-SC
conducted as he has never conducted one and
because he wanted to give moral support to his True or False. The Bangalore Draft, approved at
brother. a Roundtable meeting of Chief Justices held at
The Hague, is now the New Code of Judicial
Did Judge E commit an act of impropriety as a Conduct in the Philippines (True or False,
member of the judiciary? Explain? explain)

Suggested Answer: Answer:


Judge E committed an act of impropriety by True. The Bangolore Draft was adopted by the
appearing in another court at the hearing of his Philippine Supreme Court through admin matter No.
brothers election protest. In the case of Vidal v. 03-05-01-SC and which took effect on June 1, 2004.
Dojillo, Jr., A.M. No. MTJ-05-1591, July 14, 2005, which
involved the same facts, the Supreme Court held as
follows: Question No. 11. (2009).) Rule 3.12 of the Code
of Judicial Conduct
Canon 2 of the Code of Judicial Conduct requires a
judge to avoid not only impropriety but also the mere In a case for homicide filed before the Regional
appearance of impropriety in all activities. Even if Trial Court( RTC), Presiding judge Quintero
respondent did not intend to use his position as a issued an order for an arrest of the accused,
judge to influence the outcome of his brothers granted a motion for the reduction of bail, and
election protest, it cannot be denied that his set the date for the arraignment of= the
presence in the courtroom during the hearing of his accused. Subsequently, Judge Quintero
brothers case would immediately give cause for the inhibited himself from the case, alleging that
community to suspect that his being a colleague in even before the case was raffled to his court,
the judiciary would influence the judge trying the he already had personal knowledge of the
case to favor his brother. circumstances surrounding the case. Is Judge
Quinteros inhibition justified? Explain.

Question No. 6. Canon 1 of the Code of Judicial Answer:


Conduct ( 10%) YES. Rule 3.12 of the CJC Expressly provides that
judges should take no part in the proceeding where
a. A and B are accused of Estafa by C, the the judges impartially might be reasonably
wife of Regional Trial Court Judge D. questioned which includes among other, having
Judge D testified as a witness for the personal knowledge of disputed evidentiary facts
prosecution in the Estafa case. Did concerning the proceeding.
Judge D commit an act of impropriety?
Give reasons for your answer. (5%) Question No. 11 (2010)

Suggested Answer: On the proposal of Judge G, which was


If Judge D is a material witness to the offense being accepted, he and his family donated a lot to
prosecuted, he should testify and his action cannot the city of Gyoza on the condition that a public
transport terminal would be constructed
24
Compiled by BSU-Law, 3rd Year students SY 2015-16
thereon. The donation was accepted and the topic, he discussed the recent decision of the
condition was complied with. Supreme Court declaring that the President is
not, under the Constitution, proscribed from
The family-owned tracts of land in the vicinity appointing a Chief Justice within two months
of the donated lot suddenly appreciated in before the election.
value and became commercially viable as in In his speech, the judge demurred to the
fact a restaurant and a hotel were soon after Supreme Court decision and even stressed that
built. the decision is a serious violation of the
Constitution.
Did the Judge commit any violation of the Code
of Judicial Conduct? (2%) a. Did Judge X incur any
administrative liability? Explain. (3%)
SUGGESTED ANSWER:
NO. There is no clear showing that the Judge violated SUGGESTED ANSWER:
any of the provisions of the CJC. There is no NO. Strictly construed, Judge X will not incur any
prohibition on donating properties, especially if the liability for making such a comment or speech which
same is to serve public purpose or welfare. is an expression of an opinion to a case already
decided upon by the SC. What is enjoined to be
There is no clear showing or evidence that the abstained from is making comments on a pending or
increase in value of their adjacent properly motivated impending case. (Rule 3.07, CJC)
or was made a precondition of the donation. As such,
no malice or corrupt intent amounting to misconduct Furthermore, Canon 4 allows Judges to engage in
or corruption can be directly imputed to the Judge. activities to improve the law, the legal system and
the administration of justice.

Question No. 15-B (2010). Rule 2.03 ALTERNATIVE ANSWER:


YES. Openly criticizing the decision of the SC, by a
Rico, an amiable, sociable lawyer, owns a share member of the bench does not speak well of the
in Marina Golf Club, easily one of the more judicial system, much less the administration of
posh golf courses. He relishes hosting parties justice in relation to the perception and confidence of
for government officials and members of the the people on the people who run the system. Unity
bench. and stability within the judiciary is essential to the
integrity of the judicial system as a whole.
One day, he had a chance meeting with a judge
in the Intramuros golf course. The two readily Depending on the extent of the criticism and the
got along well and had once been regularly language used, he may thus be administratively
playing golf together at the marina Golf Club. liable for simple misconduct. A judge should so
behave at all times as to promote public confidence
b. How about the members of the bench who in the integrity and impartiality of the judiciary.
grace the parties of Rico, are they violating
the Code of Judicial Conduct? Explain. (3%)
Question No. 12 (2010). Rule 3.12.
SUGGESTED ANSWER:
YES. Canon 2 enjoins judges to avoid impropriety and Rebeccas complaint was raffled to the sala of
the appearance of impropriety in all activities. Canon Judge A. Rebecca is a daughter of Judge A.s
1 states that judges should be the embodiment of wife by a previous marriage. This is known to
competence, integrity and independence, of which the defendant who does not, however, file a
integrity includes impartiality. motion to inhibit the Judge.

Rule 2.03 of Canon 2- A judge shall not allow family, Is the Judge justified in not inhibiting himself
social or other relationships to influence judicial from the case? (3%)
conduct or judgment. The prestige of judicial office
shall not be used or lent to advance the private SUGGESTED ANSWER:
interests of others nor convey the impression that No. The Judge is not justified in not inhibiting himself
they are in a special position to influence the judge. since Rebecca is his step daughter and is related to
Case law has it that the actuation of a judge him by one degree of affinity.
constantly eating and drinking in public places with a
lawyer who has cases pending in his or her sala, The Code of Judicial Conduct expressly provides that
public suspicion may be aroused, thus tending to a judge should take no part in a proceeding where
erode the trust litigants in the impartiality of the the judges impartiality might reasonably be
judge. questioned. These cases include among others,
proceedings where: the judge is related by
consanguinity or affinity to a party litigant within the
Question No. 17-A (2010). Rule 3 & 4 sixth degree or to counsel within the fourth degree.

Judge X was invited to be a guest speaker


during the annual convention of a private Question No. 16 (2010). Rule 5.10.
organization which was covered by media.
Since he was given the liberty to speak on any
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Compiled by BSU-Law, 3rd Year students SY 2015-16
Judge L is assigned in Turtle Province. His
brother ran for Governor in Rabbit Province.
During the election period this year, Judge L
Question No. 13 (2011) Code of Judicial
took a leave of absence to help his brother
conceptualize the campaign strategy. He even Conduct,
contributed a modest amount to the campaign
kitty and hosted lunches and dinners.

Did Judge L incur administrative and/or criminal


liability? Explain. (3%) On appeal, RTC Judge Rudy affirmed the MTCs
conviction of Lorna for violation of the
SUGGESTED ANSWER: bouncing checks law and awarded Agnes, the
YES. Judge L can be said to be administratively liable complainant, Php1.6 million in damages. Two
but not criminally liable. years later, upon Lornas motion and after
ascertaining that her counsel never received
Rule 5.10 of the Code of Judicial Conduct provides
the court's decision, Judge Rudy recalled the
that a Judge is entitled to entertain personal views on
political questions, but to avoid suspicion of political entry of judgment in the case, reversed
partisanship a judge shall not make political himself, and absolved Lorna of guilt. Claiming
speeches, contribute to party funds, publicly endorse an unjust judgment, Agnes filed an
candidates for political office or participate in other administrative complained against Judge Rudy,
partisan political activities. saying that it is plain from the circumstances
that he connived with Lorna, her counsel, and
The rule above does not make kinship an exemption
the handling prosecutor. But she offered no
from compliance with the prohibition.
further evidence. Rudy denied the charges and
asserted that any error in his judgment is
correctible only by an appeal, not by an
Question No. 6 (2011), Code of Judicial administrative suit. Should Judge Rudy be
Conduct, Rule 3.12 disciplined?

In a verified complaint, Kathy said that Judge Answer:


Florante decided a petition for correction of
entry involving the birth record of her (A) No, because Agnes' complaint is
grandson, Joshua, who happened to be child of merely based on suspicions and
Judge Florante's daughter, Pilita. Judge speculations.
Florante insisted that he committed no wrong
since the proceeding was non-adversarial and (B) No, because Agnes has yet to establish
since it merely sought to correct an erroneous that Rudy's decision is plainly erroneous.
entry in the childs birth certificate. Is Judge
Florante liable? (C) Yes, because he gravely abused his
discretion in recalling the entry of judgment.

(D) Yes, because reconsidering the judgment


Answer: of conviction that the MTC and he earlier
issued shows anomaly in Judge Rudy's action.
(A) Yes, because Florante breached the
rule on mandatory disqualification.

(B) No, because Judge Florante has no


pecuniary interest in the proceeding.
Question No. 18 (2011), Code of Judicial
(C) No, because it is true the proceeding was Conduct,
non-adversarial so it prejudiced no one.

(D) Yes, since the correction in the childs


record affects the details of birth of the child. Judge Cristina has many law-related activities.
She teaches law and delivers lectures on law.
Some in the government consult her on their
legal problems. She also serves as director of a
26
Compiled by BSU-Law, 3rd Year students SY 2015-16
stock corporation devoted to penal reform,
where she participates in both fund raising and
fund management. Which of the following Question No. 30 (2011), Code of Judicial
statements applies to her case? Conduct, Canon2

A Court Administrator's auditing team found


that Judge Ruby used business cards which
Answer: stated, in addition to her official title as
presiding judge of her court, that she is bar
(A) She should not engage in fund raising topnotcher, her law schools "class
activities. valedictorian," and "one of the most sought
after private law practitioners" before she
(B) Her activities are acceptable except the joined the judiciary, all of which are true. Asked
part where she is involved in fund to explain this seeming impropriety, Ruby
management. pointed out that business cards can include the
persons "title" which is broad enough to
include in her case her standing in the bar and
(C) She can teach law and deliver
all the honors she earned. Did Ruby commit an
lectures on law but not do the other
impropriety?
things.

(D) All of her activities are legal.

Answer:

(A) Yes, unless the cards were given to her as


a gift.

2011, Question (19) Code of Judicial Conduct,


(B) No, because all she stated in her business
cards are true.

(C) Yes, because she showed a hunger


One of the foundation principles of the for publicity and recognition that
Bangalore Draft of the Code of Judicial Conduct debases her judicial post.
is the importance in a modern democratic
society of
(D) No, because she is free to include in her
business cards details that say who she is.

Answer:

(A) a judicial system that caters to the needs


of the poor and the weak.

(B) public confidence in its judicial


Question No. 31 (2011), Code of Judicial
system and in the moral authority and
Conduct
integrity of its judiciary.

(C) the existence of independent and


impartial tribunals that have the support of
its government. Serving as counsel de oficio, Atty. Mamerto
advised John of the consequences of his plea of
not guilty to the charge. Before trial could be
(D) judges who are learned in law and
held, however, the presiding judge died. As it
jurisprudence.
happened, Atty. Mamerto was appointed judge
and Johns case was assigned to him by raffle.
John quickly moved for the judges

27
Compiled by BSU-Law, 3rd Year students SY 2015-16
disqualification. Is Judge Mamerto under they made her cry. One question forced Sheila
obligation to inhibit himself from the case? to admit that her mother was living with
another man, a fact that weighed on the case
of the accused. This prompted the latters
counsel to move to expunge the judges
Answer: questions for building on the prosecution's
case. Judge Pedro denied the motion, insisting
that bolstering a partys case is incidental to
(A) No, because his service to John was
the courts desire to be clarified. Did Pedro
just momentary.
commit an impropriety?

(B) Yes, because his knowledge of Johns case


affects his judgment.

Answer:
(C) No, because he was merely a counsel de
oficio.
(A) No, his ten questions could not be
considered an undue intervention.
(D) Yes, because he served as John's counsel.

(B) No, because the judge is free to inquire


into any aspect of the case that would clarify
the evidence for him.

(C) Yes, because he effectively deprived


Question No. 36 (2011), Code of Judicial the defense of its right to due process
Conduct, when he acted both as prosecutor and
judge.

(D) Yes, because nothing connects his desire


What unhealthy attitude of mind should a to be clarified with the questions he asked.
judge avoid falling into?

Answer:
Question No. 49 (2011), Code of Judicial
(A) Hearing and adjudicating cases is an Conduct
important job.

(B) Courts are made for litigants.


Administrative penalties imposed on judges are
(C) Litigants are made for the courts.

(D) Courts should dispose of their cases on


time. Answer:

(A) curative.

(B) punitive.

Question No. 48 (2011), Code of Judicial (C) corrective.


Conduct

(D) both punitive and corrective.

After the prosecution cross-examined Shiela, a


witness for the accused, Judge Pedro asked her
ten additional questions that were so intense

28
Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 26 (2011), Code of Judicial As counsel for Andy Malasuerte, I have the option of
Conduct participating in the administrative proceedings by
filing a verified complaint in writing against Judge
Contaminado, with the Office of the Court
Administrator, supported by affidavits of persons who
have personal knowledge of the facts alleged therein
Administrative proceedings against Judges of or by documents which may substantiate said
all courts and Justices of the Court of Appeals allegations. The complaint shall state clearly and
and the Sandiganbayan shall be concisely the acts and omissions constituting
violations of standards of conduct prescribed for
judges by law, the Rules of Court, the Code of Judicial
Conduct (Rules of Court, Rule 140, Sec. 1) and the
new Code of Conduct for the Philippine Judiciary.
Answer:
(NOTES AND COMMENTS: The question clearly refers
to administratively proceeding against Judge
(A) private and confidential. Contaminado. It is suggested that some credit
should be given if the examinee discusses the
(B) public but subdued. options available for Andy Malasuerte to obtain relief
with regard to his improperly and finally annulled
marriage.)
(C) private but transparent.

(D) public. Question No. 8 (2013).Code of Conduct for the


Philippine Judiciary

The criminal case arising from the P10-Billion


Peso pork barrel scandal was raffled to
Sandiganbayan Justice Marciano Cobarde.
Afraid that he would antagonize the parties,
Question No. 6 (2013). Rules of Court, Code of his political patrons and, ultimately, his judicial
judicial conduct career, he decided to inhibit from participating
in the case, giving "personal reasons" as his
An audit team from the Office of the Court justification.
Administrator found that Judge Contaminada If you were to question the inhibition of SB
committed serious infractions through the Justice Cobarde, on what legal basis, and
indiscriminate grant of petitions for annulment where and how will you do this? (8%).
of marriage and legal separation. In one year,
the judge granted 300 of such petitions when
the average number of petitions of similar
nature granted by an individual judge in his SUGGESTED ANSWER:
region was only 24 petitions per annum.
The grounds relied upon by Justice Cobarde for his
The audit revealed many different defects in
inhibition conveys the impression that the partis
the granted petitions: many petitions had not
and his political patrons are in a special position
been verified; the required copies of some
improperly to influence him in the performance of his
petitions were not furnished to the Office of
judicial duties (New Code of Conduct for the
the Solicitor General and the Office of the
Philippine Judiciary, Canon 4, Sec. 8). Furthermore,
Provincial Prosecutor; docket fees had not
the Sandiganbayan sits in Divisions, so the fears of
been fully paid; the parties were not actual
Justice Cobarde are unfounded. Justice Cobarde
residents within the territorial jurisdiction of
should not shirk from the performance of his judicial
the court; and, in some cases, there was no
duties.
record of the cross-examinations conducted by
the public prosecutor or any documentary
I would file a motion with the Division of the
evidence marked and formally offered. All
Sandiganbayan in which Justice Cobarde is sitting for
these, viewed in their totality, supported the
the remittal of his voluntary inhibition. I would
improvident and indiscriminate grant that the
advance in motion the reasons why the personal
OCA found.
reasons set forth by the Justice are insubstantial and
does not merit his inhibition. I would likewise set the
If you were the counsel for Andy Malasuerte
motion for hearing as appropriate.
and other litigants whose marriages had been
improperly and finally annulled, discuss your
(NOTES: The decision of Justice Cobarde to inhibit
options in administratively proceeding against
himself on account of personal reasons is not
Judge Contaminada, and state where and how
conclusive and his competency may be determined
you would exercise these options. (8%)
on an application for mandamus to compel him to act
(Palang v. Zosa, G.R. No. L-38229, August 30, 1974).

SUGGESTED ANSWER:

29
Compiled by BSU-Law, 3rd Year students SY 2015-16
The voluntary inhibition of Justice Cobarde is not Question No. 9 (2009) A.M. No. 02-8-13-SC Rule
subject to mandamus because voluntary inhibition IVPowers & Limitations of Notaries Public,
involves his exercise of discretion (Gutang, et al v. Section 3
Court of Appeals, et al, G.R. No. 124760, July 8,
1998). A notary public is disqualified from performing
a notarial act when the party to the document
isa relative by affinity within the 4 th civil
degree. (True or False)
NOTARIAL LAW
Answer:
Question No. 7. (2007) Rules on Notarial True. Under Sec. 3 Rule IV of the 2004 Rules of
Practice (10%) Notarial Practice notary public is disqualified from
preforming a notarial act if he is a spouse, common-
a. What evidence of identity does the 2004 law partner, ancestor, descendant, or relative by
Rules on Notarial Practice require affinity or consanguinity of the principal within fourth
before a notary public can officially affix civil degree.
his notarial seal on and sign a document
presented by an individual whom the
notary public does not personally know? Question No. 14 (2009). Section 2, Rule IV of
(5%) the 2004 Rules on Notarial Practice

Suggested Answer: Atty. Sabungero obtained a notarial


Section 12, Rule II of the 2004 Rules on Notarial commission. On Sunday, while he was at the
Practice defined competent evidence of identity as cockpit, a person approached him with an
referring to any of the following identification of an affidavit that needed to notarize. Atty.
individual: Sabungero immediately pulled out from his
1. at least one current identification document pocket his small notarial seal, and notarized
issued by an official agency bearing the the document. Was the affidavit validly
photograph and signature of the individual; notarized? Explain.
or
2. the oath or affirmation of one credible Answer:
witness not privy to the instrument, NO. The affidavit was not validly notarized in
document or transaction who is personally accordance with the Rules on Notarial Practice. The
known to the notary public and who rules provide that a notary public shall not perform a
personally knows the individual, or of two notarial act outside his regular place of work or
credible witnesses neither of whom is privy to business. A cockpit is clearly not a notary publics
the instrument, document or transaction who regular place of business.
each personally knows the individual and
shows to the notary public documentary Atty. Sabungeros notarization of the affidavit is not
identification. valid. Furthermore, the facts in the case at bar is not
one of the exceptional occasions or situations where
a notarial act may be performed outside the notary
b. When can Judges of the Municipal Trial publics office and territorial jurisdiction.
Courts (MTC) and Municipal Circuit Trial
Courts (MCTC) perform the function of
notaries public ex officio, even if the
notarization of the documents are not in Question No. 2 (2011)
connection with the exercise of their
official function and duties? (5%)

Suggested Answer: The acknowledgment appearing in a deed of


MTC and MCTC judges assigned to municipalities or
sale reads: "Before me personally appeared
circuits with no lawyers or notaries public may, in the
capacity as notaries public ex-officio, perform any act this 30 August 2010 Milagros A. Ramirez, who
within the competency of a regular notary public, proved her identity to me through witnesses:
provided that: (1) all notarial fees charged be made 1. Rosauro S. Balana, Passport UU123456; 1-5-
for the account of the Government and turned over 2010/ Baguio City; and 2. Elvira N. Buela,
to the municipal treasurer (Tabao v. Asis, A.M. No. Passport VV200345; 1-17-2009/ Manila. "Both
RTJ-95-1330, January 30, 1996; Lapena, Jr. v. Marcos, witnesses, of legal ages, under oath declare
A.M. No. 1969-MJ, June 29, 1982); and (2) certification
that: Milagros A. Ramirez is personally known
be made in the notarized documents attesting to the
lack of any lawyer or notary public in such to them; she is the same seller in the foregoing
municipality or circuit. (Doughlas v. Lopez, Jr., A.M. deed of sale; she does not have any current
No. MTJ-96-1076, February 9, 2000; Gravela v. identification document nor can she obtain one
Villanueva, A.M. No. 02-1414-MTJ, January 28, 2003) within a reasonable time; and they are not
privy to or are interested in the deed he

30
Compiled by BSU-Law, 3rd Year students SY 2015-16
signed." What is the status of such a notarial (D) No, given Elys admission that he
acknowledgment? notarized the document when some
signatories were absent.

Answer:

(A) Questionable since the notary public is


not shown to personally know the principal Question No. 9(2011), Notarial law
party.

(B) Ineffective since it included parties not


privy to the deed. When will Atty. Antonio's notarial commission
expire if he applied for and was given such
(C) Invalid since the evidence of identity is commission on 12 November 2010?
non-compliant with the notarial rules.

(D) Valid since it is a manner of


establishing the identity of the person Answer:
executing the document.
(A) 31 December 2012

(B) 31 December 2011

(C) 11 November 2011


Question No. 8 (2011), Notarial law
(D) 11 November 2012

Raul sought Ely's disbarment for notarizing a


deed of sale knowing that four of the sellers Question No. 11 (2011) Notarial law
were dead. Ely admitted that he notarized the
deed of sale but only after his client assured
him that the signatures of the others were
authentic. Later, Raul moved to have the
complaint against him dismissed on the ground Which of the following will subject Atty.
that it was filed because of a misunderstanding Lyndon, a Manila notary public, to sanctions
which had already been clarified. This under the notarial rules?
prompted the IBP to recommend the dismissal
of the complaint. Can the dismissal be allowed?

Answer:

Answer: (A) Notarizing a verification and certification


against forum shopping in Manila Hotel at the
(A) No, unless the complainant executes an request of his Senator-client.
affidavit of desistance.
(B) Refusing to notarize an extra-judicial
(B) Yes, since no compelling reason remained settlement deed after noting that Ambo, a
to continue with it. friend, was delisted as heir when he was in
fact one.

(C) Yes, but recall Ely's notarial commission


since the charge against him seems (C) Performing signature witnessing
meritorious. involving his brother-in-law and
recording it in his register.

31
Compiled by BSU-Law, 3rd Year students SY 2015-16
(D) Notarizing a deed of sale for someone he (E) All of the above.
knew without requiring any proof of identity.

SUGGESTED ANSWER:

(C) Voters ID, NBI clearance, Drivers license


Question No. 32 (2011), Notarial law (Notarial Act, Sec. 12).

Myra asked Atty. Elma to notarize her deed of


sale. When Elma asked for Myra's competent
evidence of identity, she explained that she MCLE
does not have any current identification
document nor could she get one soon. Instead,
she presented her friend, Alex, who showed Question No. 1 (2011), MCLE
Atty. Elma his drivers license and confirmed
her Myras identity. Is Alexs identification of
Myra valid?
Atty. Mike started teaching Agrarian Reform
and Taxation in June 2001 at the Arts and
Sciences Department of the Far Eastern
Answer: University. In 2005, he moved to San Sebastian
Institute of Law where he taught Political Law.
(A) Yes, provided Alex states in the deed of Is Atty. Mike exempt from complying with the
sale that he knew Myra personally. MCLE for the 4th compliance period in April
2013?
(B) No, Myra needs to produce a valid
identification document of herself.

(C) No, since Alex is not himself a party to the Answer:


document.
(A) No, since he has yet to complete the
(D) Yes, since Alex had a valid identification required teaching experience to be
document. exempt.

(B) No, because he is not yet a bar reviewer.

(C) Yes, since by April 2013, he will have


Question No. 1-MCQ (2013). A.M. No. 02-8-13 been teaching law for more than 10 years.
SC Rule 2 Sec. 12
(D) Yes, since he updated himself in law by
Under the 2004 Rules of Notarial Practice, what may
be used to satisfy the requirement of competent engaging in teaching.
evidence of identity? (1%)

Answer:

(A) Passport, Senior Citizen card, HMO card.

(B) Police clearance, credit card, Professional


Regulatory Commission ID.

(C) Voters ID, NBI clearance, Drivers license.

(D) Ombudsmans clearance, private office


ID, PhilHealth card.

32
Compiled by BSU-Law, 3rd Year students SY 2015-16
Question No. 22 (2011), Notarial Law, MCLE In order to comply with the MCLE
requirements, Atty. Ausente enrolled in a
seminar given by an MCLE provider. Whenever
he has court or other professional
In what documented act will a notary publics commitments, he would send his messenger or
failure to affix the expiration date of his a member of his legal staff to register his
commission warrant administrative sanction? attendance at the MCLE sessions so he could
be credited with the required qualifying
attendance. He would also ask them to secure
the printed handouts and the lecturers CDs, all
of which he studied in his free time.
Answer:

(A) In the jurat of a secretary's certificate.

Atty. Ausente should be __________. (1%)


(B) In the will acknowledged before him.

(C) In the signature witnessing he performed.

Answer:
(D) In the document copy he certified.

(A) required to make up for his absence by


attending lecture sessions in other MCLE
providers

(B) sanctioned because he circumvented or


Question No. 23 (2011) MCLE evaded full compliance with the MCLE
requirements

(C) excused because he attended to


Provincial Governors and Municipal Mayors who profession-related tasks, and fully studied the
are lawyers are MCLE exempt because courses through the materials and CDs he
secured

(D) penalized by forfeiting all his earned


Answer: MCLE units

(A) they handle cases of their constituents for (E) excused because attendance by proxy is a
free. widespread and tolerated MCLE practice

(B) the Local Government Code prohibits


them from practicing their profession. SUGGESTED ANSWER:

(B) sanctioned because he circumvented or


(C) they are rendering public service.
evaded full compliance with the MCLE
requirements (Mandatory Continuing Legal
(D) As experts in local governance, it may be
Education, Rule 12, Section xx).
assumed that they are updated on legal
developments.

Question No. 27 (2011), MCLE

Question No. 5. (2013). Mandatory Continuing


Legal Education, Rule 12

When does the initial MCLE compliance period


of a newly admitted member of the bar begin?

33
Compiled by BSU-Law, 3rd Year students SY 2015-16
in connection with his clients business
except from him with his knowledge and
approval;
6. To abstain from all offensive personality, and
to advance no fact prejudicial to the honor or
Answer: reputation of a party or witness, unless
required by the justice of the cause with
which he is charged;
(A) On the first day of the month of his
7. Not to encourage either the commencement
admission. or the continuance of an action or
proceeding, or delay any mans cause from
(B) On the tenth day of the month of his any corrupt motive or interest;
admission. 8. Never to reject, for any consideration
personal to himself, the cause of the
defenseless or oppressed;
(C) On the third year after his admission as 9. In the defense of a person accused of crime,
member. by all fair and honorable means, regardless of
his personal opinion as to the guilt of the
(D) On the first year of the next succeeding accused, to present every defense that the
law permits, to the end that no person may
compliance period.
be deprived of life or liberty, but by due
process of law.

Per the Code of Professional Responsibility:


1. Duties to society in general to uphold
the Constitution, obey the laws of the
land and promote respect for the law and
RULES OF COURT legal processes;
2. Duties to the legal profession to uphold
Question No. 1 (2007), Lawyers Oath (10%) the dignity and integrity of the legal
profession;
What are the duties of an attorney? 3. Duties to the court to be candid with
and promote respect for the courts and
Suggested Answers: judicial officers, and to assist the courts
Per the Attorneys Oath: in rendering speedy and efficient justice;
1. To maintain allegiance to the Republic of the and
Philippines; 4. Duties to the client to observe candor,
2. To support its Constitution; fairness and loyalty to the client; hold the
3. To obey the laws as well as the legal orders of clients money and property in trust,
the duly constituted authorities therein; serve the client with competence and
4. To do no falsehood, nor consent to the doing diligence, always mindful of the trust and
of any in court; confidence reposed by the client in him;
5. To avoid wittingly or unwittingly promoting or
suing any groundless, false or unlawful suit, N.B. It should be sufficient that the answer contain
nor give aid or consent to the same; either the attorneys oath, the duties of an attorney
6. To delay no man for money or malice; under Section 20, Rule 138 of the Rules of Court, or
7. To conduct himself as a lawyer according to the duties under the Code of Professional
the bets of his knowledge and discretion with Responsibility, as any of these provisions sufficiently
all good fidelity well to the courts as to his state the statutory basis of an attorneys duties.
clients

Per Section 20, Rule 138 of the Rules of Court: Question No. 17 (2009) Section 17 of Rule 138
1. To maintain the allegiance to the Republic of of the Rules of Court
the Philippines;
2. To maintain the respect due to the courts of Write the complete text of the attorneys oath.
justice and judicial officers;
3. To counsel or maintain such actions or Answer:
proceedings only as appear to him to be just, I___________ of ___________ do solemnly swear
and such defenses only as he believes to be that I will maintain allegiance to the Republic of the
honestly debatable under the law; Philippines; I will support its Constitution and obey
4. To employ, for the purposes of maintaining laws as well as the legal orders of the duly
the causes confided to him, such means only constituted authorities therein; I will do no falsehood,
as are consistent with truth and honor, and nor consent to the doing of any court; I will not
never seek to mislead the judge or any wittingly nor willingly promote or sue any groundless,
judicial officer by an artifice or false false or unlawful suit, or give aid nor consent to the
statement of fact or law; same; I will delay no man for money or malice, and
5. To maintain inviolate the confidence, and at will conduct myself as a lawyer according to the best
every peril to himself, to preserve the secret of my knowledge and discretion with all good fidelity
of his client, and to accept no compensation as well to the courts as to my clients; and I impose
34
Compiled by BSU-Law, 3rd Year students SY 2015-16
upon myself this voluntary obligations without any A charging lien, as distinguished from a
mental reservation or purpose of evasion. So help me retaining lien, is an active lien which can be
God. enforced by execution.

Answer:
A lawyer to insure the payment of his professional
Question No. 2-MCQ (2013). fee is either to retain the funds, documents, and
papers of his client which may have lawfully come
The following are duties of a lawyer but only into his possession, or to enforce it upon any
one of these is expressly stated in the judgement for the payment of money he may secure
Lawyers Oath. Choose the express duty that in favor of his client. And it has been held that the
the Oath contains. (1%) retaining lien is dependent upon possession and does
not attach to anything not in attorneys hands. The
Answer: lien exists only so long as the attorneys retains
possession ends. (De Caina vs. Victoriano)
(A) To maintain a respectful attitude towards
the courts.
Question No. 6. Rule 138-A, Rules of Court

(B) To uphold the honor and dignity of the What is the student practice rule?
legal profession.
Answer:
Under this rule, a law student who has successfully
(C) To act with courtesy, candor and fairness completed his 3rd year of the regular four year
toward other lawyers. prescribed law curriculum and is enrolled in a
recognized law schools clinical legal education
(D) To do no falsehood, nor consent to the program approved by the Supreme Court, may
doing of any in court. appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal
board or officer, to represent indigent clients
(E) To respect the courts and uphold the accepted by the legal clinic of the law school.
dignity of the profession.
Question No. 10.(2009). Rule 115 of the Rules
of Court; Rule 138, Sec 34
SUGGESTED ANSWER:
May a party appear on his own counsel in a
criminal or in a civil case? Explain.
(D) To do no falsehood, nor consent to the
doing of any in court (Lawyers Oath). Answer:
Yes. In criminal cases, Sec 1(c) of the Rule 115 of the
Rules of Court provide that upon motion, the accused
may be allowed to defend himself in person when it
sufficiently appears to the court that he can property
Question No. 8. (2008). Code of Professional
his right without the assistance of counsel.
Responsibility, Rule 138, sec37
On the other hand, with respect to civil cases, Rule
138, Sec 34 states that in the court of Justice of the
State, with a brief explanation, whether the
peace a party may conduct his litigation in person,
lawyer concerned may be sanctioned for the
with the aid of an agent or friend appointed by him
conduct stated below.
for the purpose, or with the aid an attorney. In any
other, a party may conduct his litigation personally or
e. Refusing to return certain documents to
by aid of an attorney and his appearance must be
the client pending payment of his
either personal or by a duly authorized member of
attorneys fees. (3%)
the bar.
(Rules of Court)

SUGGESTED ANSWER:
Question No. 20 (2009). Section 27, Rule 138
No. Rule 138, Section 37 of the Rules of Court states
that an attorney shall have a lien upon the funds,
Atty. Simeon persuaded Armando, Benigno and
documents and papers of his client which have
Ciriaco to invest in a business venture that
lawfully come into his possession and may retain the
later went bankrupt Armando, Benigno and
same until his lawful fees and disbursements have
Ciriaco charged Atty. Simeon with estafa.
been paid, and may apply such funds to the
Simultaneously, they filed an administrative
satisfaction thereof. Hence, he may keep the
complaint against the lawyer with the Supreme
documents pending payment of his attorney's fees.
Court.

a. If Simeon is convicted of Estafa, will he be


Question No. 2 (2009). RULE 138 Attorneys and
disbarred? Explain. (3%)
Admission to Bar (Sec 37).

35
Compiled by BSU-Law, 3rd Year students SY 2015-16
Answer:
YES, if Atty Simeon is convicted of estafa, he will be a. May the Supreme Court act upon the
disbarred because estafa is a crime involving moral complaint filed by an anonymous person?
turpitude. Under the law, conviction of a crime Why or why not? (3%)
involving moral turpitude is a ground for disbarment.
SUGGESTED ANSWER:
b. If Simeon is acquitted of the estafa charge, No. An unverified complaint cannot be given due
will the disbarment complaint be course since the rule requires that the complaint
dismissed? Explain. must be sworn to by the complainant. (Evangelista v.
Baes)
Answer:
It depends, if the acquittal is based on the ground As a rule, anonymous complaints are not actionable
that no crime was committed, than the except when the charges can be fully borne by public
administrative case may be dismissed. But if the records of indubitable integrity, thus needing no
acquittal is based merely on reasonable doubt, than corroboration by evidence to be offered by the
the disbarment case may still continue. The purpose complainant whose identity and integrity could be
of the disbarment case is to determine whether a material and I of public interest. ( In re Echiverri)
lawyer still deserves to remain a member of the bar.
Obiter.
A jusge cannot be found guilty on hearsay affidavit.
Question No. 5 (2010). Rule 138 (Negado v. Autajay).

When is professional incompetence a ground ALTERNATIVE ANSWER:


for disbarment under the Rules of Court? YES. Rule 139-B states that Proceedings for the
Explain. (3%) disbarment, suspension, or discipline of attorneys
may be taken by the Supreme Court, motu proprio or
SUGGESTED ANSWER: by the IBP upon the verified complaint of any person.
Professional incompetence of a lawyer may be a
ground for disbarment when his incompetence is so The case at bar shows a complaint by an anonymous
total, gross and serious that he cannot be trusted person which the Supreme Court, may or may not
with the duty to protect the rights of clients. take cognizance of. Should the SC act in the
Gross incompetence in handling a case constitutes affirmative, it would normally direct the IBP to
malpractice or gross misconduct in office which are investigate, verify the allegations and thereafter file
grounds for suspension or disbarment under Sec. 27, the verified complaint, subject to the right of the
Rule 138 of the Rules of Court. attorney to be heard before any removal or
suspension under Rule 138.
Obiter.
Canon 18- A lawyer shall serve his client with b. Is respondent entitled to resume practice of
competence and diligence. Rules 18.01- A lawyer law? Explain. (5%)
shall not undertake a legal service which he knows or
should know that he is not qualified to render. SUGGESTED ANSWER:
However, he may render such service if, with the Yes. Atty. Richards being a former member of the
consent of his client, he can obtain as collaborating bar in good standing can resume the practice of law
counsel a lawyer who is competent on the matter. in the Philippines, provided he observes the
procedure in reassuming the practice of law.

Question No. 11 (2010) Rule 138, Rule 139-B.


Question No. 9 (2010). Rule 139-B.
After passing the Philippine Bar in 1986, Atty.
Richards practiced law until 1996 when he Is the defense of Atty. R in a disbarment
migrated to Australia where he subsequently complaint for immorality filed by his paramour
became an Australian citizen in 2000. As he P that P is in pari delicto material or a ground
kept abreast of legal developments, petitioner for exoneration? Explain.(3%)
learned about the Citizenship Retention and
Re-Acquisition Act of 2003 (Republic Act No. SUGGESTED ANSWER:
9225), pursuant to which he reacquired his No. In pari delicto will not exempt the lawyer. Case
Philippine citizenship in 2006. He took his oath law states that in a disbarment proceeding, it is
of allegiance as a Filipino citizen at the immaterial that the complainant is in pari delicto
Philippine embassy in Canberra, Australia. because it is not a proceeding to grant relief to the
Jaded by the laid back life in the outback, he complainant, but one to purge the law profession of
returned to the Philippines in December 2008. unworthy member, to protect the public and the
After the holidays, he established his own law courts. (Mortel v. Aspiras)
office and resumed his practice of law.
Obiter. Rule 1.01 states that: A lawyer shall not
Months later, a concerned woman who had engage in unlawful, dishonest, immoral or deceitful
secured copies of Atty. Richards naturalization conduct. Immoral conduct is that which is willful,
papers with consular authentication, filed with flagrant, or shameless, and which shows a moral
the Supreme Court an anonymous complaint indifference to the opinion of the good and
against him for illegal practice of law.
36
Compiled by BSU-Law, 3rd Year students SY 2015-16
respectable members of the community. (Arciga v. incorporated it, as an obiter dictum, in one
Maniwang) of his decisions, did he incur any
administrative liability? Explain. (3%)

SUGGESTED ANSWER:
Question No. 20. (2010). Rule 139-B. YES. Strictly construed, the loyalty of and faithfulness
of the judge to the law vis a vis the Supreme Court
Arabella filed a complaint for disbarment with an open and public criticism of the SC decision
against her estranged husband Atty. P on the can constitute simple misconduct which will render
ground of immorality and use of illegal drugs. him liable for less serious charges under Rule 140.
His criticism undermines the authority of the SC and
After Arabella presented evidence and rested even if bona fide, must still be ventilated. If ever, in
her case before the Investigating the proper forum and proper procedure and not thru
Commissioner of the IBP Committee on Bar the obiter dictum.
Discipline, she filed an Affidavit of Desistance
and motion to dismiss the complaint, she and Obiter: Of more important consideration is the fact
her husband having reconciled for the sake of that his decision must be based on the law and not
their children. his personal opinion. It is hard to imagine how the
issue of midnight appointments can he related to the
You are the Investigating Commissioner of the issues in his decided case, and therefore
IBP. Bearing in mind that the family is a social inappropriate and irrelevant under the
institution which the State is duty-bound to circumstances.
preserve, what will be your action on Arabellas
motion to dismiss the complaint? (3%) Guidelines in the efficient rendition of judgment or
judicial opinion include: if the personal views of the
SUGGESTED ANSWER: judge contradict the applicable doctrine romulgated
I will accept the Affidavit of Desistance and put on by the SC, nonetheless, the judge should decide the
hold the administrative charges against Atty. P. In the case in accordance with the doctrine (Albert v CFI)
case at bar, there is no compelling reason to continue and not in accordance with his personal views (SC
with the proceedings since there is clear showing Circular No. 13, 1987). This is to maintain the
that the parties have fully reconciled and the causes
stability of precedents. However, he is not prohibited
of action on which the complaint was filed no longer
from expressing his views if only to invite
exist.
constructive attention on the matter.
The rule admits of exception on the general rule is
that no investigation shall be interrupted or
terminated by reason of the desistance, settlement, Question No. 13 (2010). Rule 138, 140.
compromise, restitution, withdrawal of the charges or
failure of the complainant to prosecute the same Reacting to newspaper articles and verbal
unless the Supreme Court motu proprio or upon complaints on alleged rampant sale of
recommendation of the IBP Board of Governors, on Temporary Restraining Orders by Judge X, the
the ground enunciated above. Supreme Court ordered the conduct of a
discreet investigation by the Office of the Court
Case law supports the following: withdrawal of the Administrator.
complaint and there is no more evidence that could
substantiate the charge, then it is dismissible (In Re Judges in the place where Judge X is assigned
Tipon) and that lack of interest to prosecute may confirmed the complaints.
justify the dismissal of the case. (Worthington v
Fernandez; Luyon v Atencia) a. What administrative charge/s may be
leveled against Judge X? Explain. (3%)

Question No. 17-B. (2010) Rule 140. SUGGESTED ANSWER:


Judge X could be charged with Serious Charges
Judge X was invited to be a guest speaker punishable under Rule 140 of the Rules of Court,
during the annual convention of a private which specifically include: bribery and dishonesty
organization which was covered by media. and violations of the Anti-Graft and Corrupt Practices
Since he was given the liberty to speak on any Law(R.A 3019) when he made the issuance of TROs
topic, he discussed the recent decision of the for sale.
Supreme Court declaring that the President is
not, under the Constitution, proscribed from In addition, such gross misconduct can also be
appointing a Chief Justice within two months constitutive of grounds for disbarment under Rule
before the election. 138 of the Rules of Court.
In his speech, the judge demurred to the
Supreme Court decision and even stressed that Obiter: If he is guilty of a serious charge, he may be
the decision is a serious violation of the sanctioned with dismissal from service, forfeiture of
Constitution. benefits, disqualification from reinstatement or any
public office, suspension and/or fine.
b. If instead of ventilating his opinion before
the private organization, Judge X
37
Compiled by BSU-Law, 3rd Year students SY 2015-16
b. What defense/s can Judge X raise in
avoidance of any liability? (2%)
Question No. 3 (2013). Rules of Court Rule 138
SUGGESTED ANSWER:
Judge X can raise the defense of denial of due Miguel Jactar, a fourth year law student, drove
process by questioning the time and manner of his vehicle recklessly and hit the rear bumper
notice as well as the lack of opportunity to be heard, of Simplicio Medrosos vehicle. Instead of
answer the charges against him and produce stopping, Jactar accelerated and sped away.
witnesses in his behalf and be heard by himself or Medroso pursued Jactar and caught up with
counsel. He can raise defenses of hearsay evidence, him at an intersection.
lack of evidence that meets the quantum of evidence In their confrontation, Jactar dared Medroso to
required to render him guilty of charges set forth. sue, bragged about his connections with the
courts, and even uttered veiled threats against
Medroso. During the police investigation that
Question No. 6 (2013). Rules of Court, Rule followed, Medroso learned that Jactar was
141, Sec. 1 payment of fees reviewing for the Bar examinations.

Under these facts, list and justify the potential


Plaintiff Jun Ahorro filed a complaint for
objections that can be made against Jactars
collection of sum of money before the Regional admission to the practice of law. (8%)
Trial Court of Manila. Because of the large
amount of his claim, he had to pay a sizeable
docket fee. He insisted on paying the docket
fee and other fees in installments because
SUGGESTED ANSWER:
staggered payment is allowed under Rule 141,
as amended. The Office of the Clerk of Court
(OCC) refused to accept the complaint unless The potential objection that can be made against
Jactars admission to the practice of law is the
he paid the full amount of the docket and other
absence of good moral character (Rules of Court,
required fees. Rule 138, Sec. 2).

Jactars bragging about his connection with the


courts and uttering veiled threats against Medroso
are indications of his lack of good moral character.
Plaintiff Jun Ahorros position __________. (1%) His acts are contrary to justice, honesty, modesty or
good morals (In re Basa, 4 Phil. 276). He has acted in
a manner that has violated the private and social
duties which a man owes to his fellowmen, or to
society in general, contrary to the accepted and
Answer: customary rule of tight and duty between man and
man (Tak Ng v. Republic, G.R. No. L-13017, December
(A) is allowed because of the large amount of 23, 1959).
the docket fee
[NOTES: Any answer which explains the nature of
absence of good moral character should be given full
(B) is justified because it is discretionary on credit.
the part of the OCC to accept staggered
payment The following additional objection should not result to
a deduction nor should an absence of the additional
objection also result to a deduction].
(C) is incorrect because the amendment on
staggered payment has been suspended B. If light threats would be filed against him, then
another potential objection would be the pendency of
(D) is not allowed because the full payment charges against him, involving moral turpitude (Rules
of docket fee is jurisdictional of Court, Rule 138, Sec. 2).

The question states, Under these facts, list and


(E) cannot be allowed because of its justify the potential objections that can be made
prejudicial impact on the judiciarys financial against Jactars admission to the practice of law.
operations
The question requires that an assumption be made
that Jactar has passed the Bar Examination and is
about to take his oath as an attorney. It is suggested
SUGGESTED ANSWER:
that the better question should have been: Under
these facts list and justify the potential objections
(D) is not allowed because the full payment of that can be made against Jactars being admitted to
docket fee is jurisdictional (Rules of Court, Rule take the Bar Examination.
141, Sec. 1).

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Compiled by BSU-Law, 3rd Year students SY 2015-16
MISCELLANEOUS person, will the aid of an agent or friend appointed
by him for the purpose, or personally or by aid an
Question No. 4. (2007). attorney. In any other court, a party may conduct his
litigation personally or by aid of an attorney, and his
When is recovery of attorney's fees based on appearance must be either personal or by a duly
quantum meruit allowed? (10%) authorized member of the bar.

Suggested Answer:
The recovery of attorneys fees on quantum meruit is Question No. 12. SC Administrative Circular (AC
allowed in the following circumstances: No. 25 of June 9, 1989)
1. When there is no agreement as to attorneys
fees. After being diagnosed with stress dermatitis,
2. When the agreement as to attorneys fees is Judge Rosalind, without seeking permission
invalid for some reason other than the from the Supreme Court, refused to wear her
illegality of the object of the performance. robe during court proceedings. When her
3. When the attorney and the client disregard attention was called, she explained that
the contract for attorneys fees. whenever she wears her robe she is reminded
4. When the amount of the attorneys fees is of her heavy caseload, thus making her tense.
found to be unconscionable (Section 24, Rule This, in turn, triggers the outbreak of her skin
138 of the Rules of Court). rashes. Is Judge Rosalind justified in not
5. Where the stipulated fees are in excess of wearing her judicial robe? Explain.
what is expressly fixed by law.
Answer:
NO. Judge Rosalind is not justified in not wearing her
Question No. 3 (2009) Practice of Law -Legal judicial robes, absent a clear exemption granted to
Concepts (Bienvenu v. Factors of Traders her by the Supreme Court from mandatory
Insurance Cp., 33 La.Ann.209) compliance with SC Administrative Circular (AC No.
25 of June 9, 1989) requires the wearing of black
An attorney ad hoc is a lawyer appointed by robes by judges during sessions in their respective
the court to represent an absentee defendant courts.
in suit in which the appointment is made. (True
or False) Her medical condition per se is not a defense and is
untenable since she is not in a position nor has the
Answer: authority to disregard a clear directive.
TRUE

Question No. 3. (2009). Rule 138, Sec2;


Question No. 4 (2009) Rule 138. Chapter 2, Canon 7, CPR

What is the object of the bar examinations? Cliff and Greta were law school sweethearts.
Explain Cliff became a lawyer, but Greta dropped out.
Answer: One day, Cliff asked Greta to sign a marriage
Jurisprudence has provided that the practice is not a contract. The following day, Cliff showed Greta
right but privilege bestowed by the State upon those the document already signed by an alleged
who show that they possess, and continue to solemnizing officer and two witnesses. Cliff
possess, the qualifications required by law for the then told Greta that they were already married
conferment of such privilege. Therefore, in order to and Greta consented to go on a honeymoon.
stay true with the aforementioned principles, the Thereafter, the couple cohabited and begot a
object of the bar exam is to serve as a mechanism to child. Two years later, Cliff left Greta and
determine who are qualified to practice law. married a Venezuelan beauty. Incensed, Greta
filed a disbarment complaint against Cliff. Will
the case prosper? Explain.
Question No. 5. RULE 138 Attorneys and Answer:
Admission to Bar (Sec 33). YES. The disbarment case will prosper against Cliff for
lack of continuing requirements as a lawyer. In case
May a party appear as his own counsel in a analogous to the instant case, a lawyer who led a
criminal or in a civil case? Explain woman into believing that they had been married
civilly was disbarred because the court considered
Answer: the lawyer complained of as lacking in integrity and
Yes. In criminal cases, Sec. 1 of Rule 115 of the Rules good moral character for him to remain as a member
of Court provide that upon motion, the accused may of the bar. (Cabrera vs. Agustin, Phil 106. 256)
be allowed to defend to defend himself in person
when it sufficiently appears to the court that he can
properly protect his right without the assistance of Question No. 16 (2009). 2002 Internal Rules of
counsel. the Court of Appeals

On the other hand, with respect to civil cases, Rule Court of Appeals (CA) Justice was
138, Sec. 34 states that in the court of in justice of administratively charged with gross negligence
the peace a party may conduct his litigation on of the law for having issued an order
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Compiled by BSU-Law, 3rd Year students SY 2015-16
Temporarily enjoining the implementation of (D) Yes, since his parents are Filipinos based
a writ of execution, and for having issued on what he said in his bar exam petition.
another order for the parties to maintain the
status qou in the same case. Both orders are
obviously without any legal basis and violate
CA rules. In his defense, Justice Juris claims
that the challenged orders were collegial acts
of the CA Division to which he belonged. Thus, Question No. 10 (2011), Katarungan
he posits that the charge should not be filed Pambarangay
against him alone, but should include the two
other CA justices in the Division. Is the
contention of Justice Juris tenable? Explain.

Answer: Elaine filed a complaint against Fely before


NO. The contention of Justice Juris is untenable. Case their barangay concerning a contract that they
law has it had it that while actions of a case pending entered into. During conciliation, Fely came
in the CA are actions of that court as a collegial body,
with Sarah, who claimed the right to represent
the 2002 Internal Rules of the Court of Appeals
provides that it is the ponente who initiates the her minor sister. The barangay captain let
actions on said motions, papers and pleadings. Sarah assist her sister. Eventually, the
Hence, there can be no action on a motion, paper or barangay issued a certificate to file action after
any other incident except upon prior instruction of the parties failed to settle their differences.
the ponente. He has the primary responsibility of When Sarah formally appeared as lawyer for
ensuring that the pending incidents in a case her sister, Elaine filed an administrative
assigned to him are properly and promptly acted on.
complaint against her for taking part in the
(Orocio v. Roxas, A.M. nos. 07-115-CA-J and CA-08-
46-J, 19 August 2008). barangay conciliation and preventing the
parties from taking meaningful advantage of
the same. Is Sarah liable?

Question No. 4 (2011), Citizenship

Answer:

Lee became a lawyer in 1988 under a claim (A) No, because she has to represent her
that he is a Filipino like his parents. Efren sister who was a minor.
sought Lees disbarment on the ground that he
really is a Chinese. To prove he is a Filipino, (B) No, because the Court can always dismiss
Lee cited an Albay regional trial courts final the case without prejudice to a genuine
judgment in an action to recover real property conciliation.
which mentioned his citizenship as Filipino.
This final judgment resulted in the correction
(C) Yes, because what Sarah did was deceitful
of his birth records in a separate special
and amounts to fraud.
proceeding to show he is a Filipino, not
Chinese as there stated. Is Lees claim to
(D) Yes, because as a lawyer, she is
Filipino citizenship valid?
absolutely forbidden to appear in
barangay conciliations.

Answer:

2011, Question (12), RA 910, Sec1


(A) No, since the mention of his
citizenship in the land case was just
incidental.

Justice Frank, a retired Court of Appeals


(B) No, since those rulings were not appealed
justice, appeared before the Supreme Court on
to the Supreme Court.
behalf of Landbank, a government bank, in a
case involving the compensable value of the
(C) Yes, because the rulings in his favor have
property taken from a landowner under the
become final and executory.
agrarian reform law. The landowner questioned
40
Compiled by BSU-Law, 3rd Year students SY 2015-16
Justice Frank's appearance in the case, (D) No, because receipt of compensation
pointing out that the same is unethical and is not the sole determinant of legal
smacks of opportunism since he obviously practice.
capitalizes on his judicial experience. Is Justice
Frank's appearance in the case valid?

Answer: Question No. 43 (2011), General Principle

(A) Yes, because the law allows such


appearance as long as the government
is not the adverse party. To whom may the Supreme Court refer
complaints against lawyers for investigation?
(B) No, because he cannot enjoy his
retirement pay and at the same time work for
a government institution.
Answer:
(C) Yes, since Landbank does not perform
government function.
(A) Integrated Bar of the Philippines.

(D) No, he should have waited for at least a


(B) Office of the Bar Confidant.
year to avoid improprieties.

(C) Judicial and Bar Council.

(D) Office of the Court Administrator.

Question No. 41 (2011), General Principle


(practice of law)

Question No. 44 (2011), General Principle


(prescription)
Ronnie, a paralegal in a law firm, helped Beth
in a property dispute in which she was involved
by giving her legal advice and preparing a
complaint that she eventually filed in court
under her own signature. When the lawyer for After several years as a private practitioner,
the defendant learned of it, he told Ronnie to Ben got appointed as Regional Trial Court
desist from practicing law. But he disputed judge. Five years after his appointment, he
this, claiming that he had not practiced law received summons directing him to answer a
since he did not receive compensation from disbarment complaint that pertained to a
Beth for his help. Is Ronnie correct? document he notarized more than 10 years ago
from appointment date. He sought the
dismissal of the complaint arguing that the
cause of action has prescribed. Must the
complaint be dismissed?
Answer:

(A) Yes, because he could as a paralegal


provide competent legal help to litigants.
Answer:

(B) Yes, for so long as he did not sign the


complaint or appeared as Beth's lawyer. (A) No, because such complaints do not
prescribe.

(C) No, unless Beth was ill-advised in filing


her complaint in court. (B) Yes, because the complaint creates a
chilling effect on judicial independence.

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Compiled by BSU-Law, 3rd Year students SY 2015-16
(C) No, but the complaint should be verified (A) Administrative investigation.
to ensure transparency.
(B) Disqualification.
(D) Yes, because actions on contracts
prescribe in 10 years. (C) Impeachment.

(D) Disbarment.

Question No. 47 (2011), General Principle


Question No. 21 (2011), Non-lawyer appearing
in Court

Atty. Alfredo Prado appeared in a case as legal


officer of the Land Registration Authority
(LRA). His opponent, Atty. Armando, knew an Eric, a labor federation president, represented
Atty. Alfredo Prado from his province who had Luisa, a dismissed WXT employee, before the
been dead for years. When Atty. Armando NLRC. Atty. John represented Luisa's two
checked with the Supreme Court, only one cocomplainants. In due course, the NLRC
Alfredo Prado was in the roll of attorneys. reinstated the three complainants with
What action can Atty. Armado take against backwages and awarded 25% of the backwages
Vicente who had taken a dead lawyers as attorneys fees, 15% for Atty. John and 10%
identity? for Eric, a non-lawyer. When WXT appealed to
the Court of Appeals, Atty. John questioned
Erics continued appearance before that court
on Luisas behalf, he not being a lawyer. Is
Eric's appearance before the Court of Appeals
Answer:
valid?

(A) File direct contempt action against


Vicente for deceiving the court.

Answer:
(B) Criminally prosecute Vicente for
estafa for making money upon false
pretense. (A) Yes, for Eric has a personal stake, the fees
awarded to him, in defending the NLRC's
decision in the case.
(C) Criminally prosecute Vicente for theft of
Alfredo's identity and law practice.
(B) No, since John can very well represent
Luisa, she being in the same situation as his
(D) Institute a disbarment case against
own clients.
Vicente for misrepresenting himself as
lawyer.
(C) No, because the representation of
another in courts can be entrusted only
to lawyers.

(D) Yes, since that appeal is a mere


continuation of the labor dispute that began
Question No. 35 (2011), General Principle
at the NLRC.

What is the method of national inquiry into the


conduct of Supreme Court magistrates?

Question No. 18-MCQ (2013). Permissible acts

Answer:

42
Compiled by BSU-Law, 3rd Year students SY 2015-16
You are a lawyer working in the Public Assistance
Office. Yolly, a key witness in the case (reckless
imprudence resulting in homicide) you are handling, Atty. Anunciante is engaged in the practice of
is indigent and illiterate. While Yolly is willing to law and has a regular, live, weekly TV program
testify in court, you worry that the judge might not be where he gives advice to and answers
able to appreciate the impact of her testimony, as questions from the audience and program
she has a difficult time answering English questions. viewers concerning U.S. immigration problems.
You also worry that this might affect her credibility. Occasionally, advertisements inviting viewers
Further, Yolly has indicated that she might not have to watch his TV program are shown outside his
the money to pay the fare to attend the trial. You are regular program schedule. Because of the
presenting her as a witness for the defense at the popularity of his TV program, the number of his
hearing next week. law practice clients increased tremendously.

The TV program of Atty. Anunciante is


__________. (1%)
Which of the following is NOT a permissible act for
you to do? (1%)

Answer:

Answer: (A) permissible because it is public service in


nature
(A) Provide Yolly with money for fare to
ensure her attendance in court. (B) objectionable because the work involves
indirect advertising or solicitation of business
(B) Interview Yolly before trial, so that she will
be more at ease when she testifies before the (C) improper because it gives him an unfair
court. advantage over other lawyers

(C) Prepare a judicial affidavit of Yollys (D) ethically allowable because it does not
testimony, which she will then verify before violate the traditional standards of the legal
the court. profession

(D) Provide her with sample questions that (E) None of the above.
you might ask in the hearing tomorrow.

(E) All the above are permissible. SUGGESTED ANSWER:

(E) None of the above.


SUGGESTED ANSWER:

All the above are permissible. All are


permissible; therefore, (E) should be
equivalent to none of the above.
Question No. 9-MCQ (2013).

Graft Investigator Atty. Retirada served the


Office of the Deputy Ombudsman for eight
years before retiring from the service. While
still a Graft Investigator, she investigated a
government contract for office supplies where
Mr. Sakim was the supplier. The transaction
was supposedly overpriced. Atty. Retirada
Question No. 7-MCQ (2013). recommended that no charges be filed against
the officials involved and the recommendation

43
Compiled by BSU-Law, 3rd Year students SY 2015-16
benefited Mr. Sakim as the supplier involved in Question No. 10-MCQ (2013).
the transaction.

Your client is the plaintiff in a civil case for


damages arising from a car accident where he
sustained serious physical injuries and
After her retirement from the service, Atty.
damages amounting to P1Million. The counsel
Retiradas services as counsel were engaged
for the defendant asks you to give him a
by Mr. Sakim as counsel to represent the Sakim
proposed amount for purposes of settlement
family in a claim against the State arising from
and you are aware that whatever amount you
a family property that had been expropriated.
tell him would not readily be accepted and
Atty. Retirada now consults you about the
would probably be cut into half.
ethical permissibility of accepting the
engagement.

What advice would you give Atty. Retirada?


(1%) What is your best legal and ethical course of
action? (1%)

Answer:
Answer:
(A) Having been in government service, she
cannot now represent a party with a claim (A) Inflate your proposal to make allowances
against the State. for a compromise.

(B) Having once handled a case involving her (B) Tell the defendants counsel the correct
prospective client, a conflict of interest would amount of damages.
exist if she were to accept the engagement.
(C) Offer him a reasonably low amount so
(C) Representing the Sakim family would that the case can immediately be settled.
involve the unethical use of information she
obtained while in government service. (D) Ask the defendants counsel to first
submit his negotiating figure.
(D) There is no ethical objection to her
acceptance of the engagement because the (E) Play hard-to-get and initially refuse all the
case is neither criminal nor administrative in defendants initiatives to settle.
character.

(E) Acceptance of the engagement should be SUGGESTED ANSWER:


on condition that Atty. Retirada would
withdraw if a conflict of interest situation (D) Ask the defendants counsel to first submit
arises. his negotiating figure. It is the defendant that
must submit first the negotiating figure.

SUGGESTED ANSWER:

(D) There is no ethical objection to her


acceptance of the engagement because the Question No. 3-MCQ (2013). Striking out of
case is neither criminal nor administrative in names in the Roll of Attorneys
character.

Atty. Avaro has consistently failed to pay his


There is no conflict of interest since the case annual IBP dues for several years. Demand
involved is an expropriation case (R.A. 910, letters have been sent to him and he has
Sec. 1). acknowledged receipt of these letters.
However, all the IBPs efforts proved futile. As
a result, the IBP sent Atty. Avaro a notice that

44
Compiled by BSU-Law, 3rd Year students SY 2015-16
his name would be stricken off the Roll of Ms. Seller and Mr. Buyer presented to a
Attorneys. commissioned notary public a deed of sale for
notarization. The notary public explained to
them the transaction the deed embodies and
asked them if they were freely entering the
Was the IBPs action correct? (1%) transaction. After the document was signed by
all the parties, the notary public collected the
notarial fee but did not issue any BIR-
registered receipt.

Answer:

(A) No, because default in the payment of


The notarization of the deed is __________. (1%)
annual dues only warrants suspension of
Integrated Bar members.

(B) Yes, because non-payment of annual dues


is an indicator of the lawyers moral fitness; Answer:
refusal to pay is refusal to honor his
obligation to the IBP. (A) neither unlawful nor improper because he
explained the basis for the computation of
(C) No, because failure to pay affects a the notarial fee
members capability to practise, but not his
membership in the Bar. (B) unlawful because he did not issue a BIR-
registered receipt and did not post in his
(D) Yes, because payment of membership office the complete schedule of chargeable
dues and other lawful assessments are notarial fees
conditions sine qua non to the privilege of
practising law and to the retention of his (C) proper because he is not required to issue
name in the Roll of Attorneys. receipts for notarial fees

(E) None of the above choices is correct. (D) improper because he did not ask Ms.
Seller and Mr. Buyer if they needed a receipt

SUGGESTED ANSWER: (E) proper because any irregularity in the


payment of the notarial fees does not affect
(E) None of the above choices is correct. the validity of the notarization made.

The striking out of names in the Roll of


Attorneys can be ordered only by the Supreme SUGGESTED ANSWER:
Court. Also, due process must be observed. (E) proper because any irregularity in the
payment of the notarial fees does not affect
the validity of the notarization made. (Ocampo
v. Land Bank of the Philippines, G.R. No.
164968, July 3, 2009)
The Constitution vests upon the Supreme Court
the power to integrate the Philippine bar
Question No. 9 (2013). Ethical/administrative
(Legal and Judicial Ethics (2009 Ed.), Agpalo, p. violation
132; Constitution, Art. X, Sec. 5).
Atty. Hermano requested his fraternity brother,
Judge Patron, to introduce him to Judge
Apestado, before whom he has a case that had
been pending for sometime.

Judge Patron, a close friend of Judge Apestado,


Question No. 4 (MCQ). Irregularity in the acceded to the request, telling the latter that
payment of the notarial fees Atty. Hermano is his fraternity "brod" and that
Atty. Hermano simply wanted to ask for advice
on how to expedite the resolution of his case.
They met, as arranged, in the fine dining

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Compiled by BSU-Law, 3rd Year students SY 2015-16
restaurant of a five-star hotel. Atty. Hermano In performing judicial duties, judges shall be
hosted the dinner. independent from judicial colleagues in respect of
decisions which the judge is obliged to make
Did Atty. Hermano, Judge Patron and Judge independently (Ibid., Canon 1, Sec. 3). Finally, in
Apestado commit any ethical/administrative having a dinner meeting with Atty. Hermano who has
violation for which they can be held liable? a pending case with his sala, Judge Apestado has
(8%) exhibited an appearance of impropriety in his
activities (Ibid., Canon 4, Sec. 1).

SUGGESTED ANSWER:
Question No. 5 (2013).RA 9225

Yes, the three (3) of them committed Atty. Repatriar, a law school classmate,
ethical/administrative violations for which they can approached you on your 25th Class Reunion,
be held liable. with questions on how he can resume the
practice of law in the Philippines. He left the
For hosting the dinner, Atty. Hermano acted in country in 1977 after two (2) years of initial
contravention of ethical standards. A lawyer should law practice, and migrated to the United States
refrain from any impropriety which tends to influence where he was admitted to the practice of law in
or give the appearance of influencing the court (Code the State of New York. He asks that you give
of Professional Responsibility, Canon 13). A lawyer him a formal legal opinion on his query.
shall not extend extraordinary attention or hospitality
to, nor seek opportunity for cultivating familiarity Outline briefly the steps and the supporting
with judges (Ibid. Canon 13, Rule 13.01). Marked legal reasons you would state in your legal
attention and unusual hospitality on the part of a opinion on what Atty. Repatriar should do to
lawyer to a judge, uncalled for by the personal resume his Philippine practice. (8%)
relations on the parties, subject both the judge and
the lawyer to misconstruction of motive and should
be avoided (Canons of Professional Ethics, Canon 3,
SUGGESTED ANSWER:
2nd par., 1st sentence). Even if the purpose of the
meeting was merely to ask advice on how to
expedite the resolution of his case, Atty. Hermano Atty. Repatriar must prepare a sword petition to
still acted outside of the bounds of ethical conduct. acquire the privilege to practice law in the
This is so because a lawyer deserves rebuke and Philippines. He should manifest in his petition his
denunciation for any device or attempt to gain from a desire to resume his law practice in the Philippines,
judge special personal consideration or favor. (Ibid., and he is not disqualified to practice law. The right
Canon 3, 2nd par., 2nd sentence). to resume the practice of law is not automatic. R.A.
No. 9225 provides that a person who intends to
Both Judge Patron and Judge Apestado may be held practice his profession in the Philippines must apply
liable for having the dinner meeting with Atty. with the proper authority for a license or permit to
Hermano. Judges shall ensure that not only is their engage in such practice. It can not be overstressed
conduct above reproach, but that it is perceived to be that: The practice of law is a privilege burdened with
so in the view of a reasonable observer (New Code of conditions. It is so delicately affected with public
Conduct for the Philippine Judiciary, Canon 2, Sec. 1). interest that it is both the power and duty of the
Judges shall avoid impropriety and the appearance of State (through this Court) to control and regulate it in
impropriety in all of their activities (Ibid., Canon 4, order to protect and promote the public welfare.
Sec. 1). Their having dinner with Atty. Hermano, a
practicing lawyer, could be construed as appearance Adherence to the rigid standards of mental fitness,
of impropriety. maintenance of the highest degree of morality,
faithful observance of the legal profession,
Judge Patron for having allowed himself to used as a compliance with the mandatory continuing legal
bridge by Atty. Hermano, his fraternity brod, to education requirement and payment of membership
meet with Judge Apestado exhibited judicial in good standing in the bar and for enjoying the
misconduct in the following manner: Judges shall privilege to practice law. Any breach by a lawyer of
refrain from influencing in any manner the outcome any of these conditions makes him unworthy of the
of litigation or dispute pending before another court trust and confidence which the courts and clients
(Ibid., Canon 1, Sec. 3). Furthermore, in allowing Atty. repose in him for the continued exercise of his
Hermano to take advantage of his fraternity bond, professional privilege (In re: Petition to re-acquire
Judge Patron allowed the use of the prestige of the privilege to practice law in the Philippines, Elfanio
judicial office to advance the private interests of B. Muneses, B.M. No. 2112, July 24, 2012).
others, conveyed or permitted his fraternity brod to
convey the impression that he is in a special position He should file the petition with the Supreme Court,
to influence the judge (Ibid., Canon 1, Sec 2, 2nd through the Bar Confidant to accompanied by the
sentence). original or certified copies of the following
documents:
The specific violations of Judge Apestado were 1. Showing that he is still a Filipino Citizen.
committed when he allowed himself to be convinced The court reiterates that Filipino
by Judge Patron to have the dinner meeting with Atty. citizenship is a requirement for admission
Hermano to discuss how the case may be expedited. to the bar and is, in fact, a continuing

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requirement for the practice of law (In No. 9225, remains to be a member of the Philippine
re: Petition to re-acquire the privilege to Bar (B.M. No. 2112, In re: Petition to re-acquire the
practice law in the Philippines, B.M. No. privilege to practice law in the Philippines, supra).
21122, supra). Having retained Philippine
Citizenship could be evidenced by the 2) Certification from the IBP indicating updated
Philippine passport, the U.S. Green card payments of annual membership dues;
showing Philippine citizenship and U.S. 3) Proof of payment of professional tax; and
residency or other authentic documents 4) Certificate of compliance issued by the MCLE
which the Supreme Court may reacquire. Office. (Ibid.)
5) A certificate of good moral character attested
On the other hand, if Atty. Repatriar has lost his to by at least three (3) members of the bar;
Philippine citizenship, he must submit the following: and
a) Petition for Re-acquisition of Philippine 6) A certification from the State Bar of New York
Citizenship; that Atty. Repatriar does not have any
b) Order (for Re-acquisition of Philippine previous or pending disciplinary action files
citizenship); against him before that body.
c) Oath of Allegiance to the Republic of the
Philippines;
d) Identification Certificate (IC) issued by the
Bureau of Immigration.

The loss of Filipino citizenship means termination of


Atty. Repatriars membership in the bar; ipso jure the
privilege to engage in the practice of law. Under R.A.
No. 9225, natural-born citizens who have lost their
Philippine citizenship by reason of their naturalization
as citizen of a foreign country are deemed to have re-
acquired their Philippine citizenship upon taking the
oath of allegiance to the Republic. Thus, a Filipino
lawyer who becomes a citizen of another country and
later re-acquires his Philippine citizenship under R.A.

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