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I.

In need of legal services, Niko secured an appointment to meet with Atty. Henry of Henry & Meyer Law
Offices. During the meeting, Niko divulged highly private information to Atty. Henry, believing that the
lawyer would keep the confidentiality of the information. Subsequently, Niko was shocked when he
learned that Atty. Henry had shared the confidential information with his law partner, Atty. Meyer, and
their common friend, private practitioner Atty. Canonigo. When confronted, Atty. Henry replied that Niko
never signed any confidentiality agreement, and that he shared the information with the two lawyers to
secure affirmance of his legal opinion on Nikos problem. Did Atty. Henry violate any rule of ethics? Explain
fully.

II.

ER was among those who passed the 2000 Bar Examinations. On May 21, 2017, one day before
the scheduled mass oath-taking of the successful bar examinees, DMA filed against the respondent
a Petition for Denial of Admission to the Bar. Complainant charged respondent with unauthorized
practice of law, grave misconduct, violation of law and grave misrepresentation. The SC
allowed the respondent to take his oath as member of the Bar during the oath taking. However,
the SC ruled that respondent could not sign the Roll of Attorneys pending the resolution of the
charge against him. Complainant alleges that respondent, while not yet a lawyer, appeared as
counsel for a candidate in the May 2001 elections before the Municipal Board of Election Canvassers
of Masbate. It was further alleged that ER filed with the MBEC a pleading entitled “Formal
Objection to the Inclusion in the Canvassing of Votes in Some Precincts for the Office of the Vice
Mayor.” In the said pleading ER represented himself as counsel for the Vice Mayor and thereafter
signed his name as such. Can ER be held administratively liable for unauthorized practice of law?
What is the liability of someone who has been determined to have been engaged in the
unauthorized practice of law?

III.

Atty. Cyril was the lawyer of Ah Moy, a Taiwanese investor, in a case for estafa filed against Ho
Bah, an investor from East Asia. In the said case, Ho Bah was represented by Atty. Silver. Since
Ho Bah failed to appear during the preliminary investigation of the case nor did he submit his
counter affidavit, the prosecutor handling the case filed a criminal complaint for estafa before the
Manila RTC. On April 8, 1999, the Manila RTC issued a Warrant of Arrest against Ho Bah. Thereafter,
Atty. Silver filed an urgent motion to Quash the Warrant of Arrest. He also filed with the RTC of
Zamboanga City, the place of Ah Moy’s and Ho Bah’s mothballed joint venture, a civil complaint
for the collection of a sum of money and damages as well as the dissolution of a business venture
against Atty. Cyril, Ah Moy and the prosecutor. When confronted by Atty. Cyril, Atty. Silver explained
that it was his client who had decided to institute the civil action against him. Atty. Silver claimed
that he would suggest to his client to drop the civil case, if complainant would move for the
dismissal of the estafa case. Comment on the irregularity, if any, of the actions of Atty. Silver.
IV.

As the counsel for EP, Atty. RA asked for leave to file demurrer to evidence which was granted
by the trial court. All the while, EP thought that the demurrer was filed and the case was dismissed.
It was only years later that EP learned that Atty. RA failed to file any demurrer. When asked to
comment on the complaint filed by EP against him, Atty. RA claimed that two days after the RTC
granted the manifestation of the defense to file motion for leave to file demurrer to evidence, he
had finished the draft of the motion and the accompanying pleading which he stored in a magnetic
computer diskette, intended for editing prior to its submission in court. A few days before the
deadline, herein respondent tried to retrieve the draft from the diskette, but said drafts where
nowhere to be found despite efforts to retrieve them. What are Atty. RA’s ethical transgressions
if any? Is his defense valid?

V.

Can a notary public act at the same time as the witness in the document to be notarized by
him?Why Not? Why?

VI.

SPO4 Chester Casares (“CC”) arrested AL on March 6, 1999, a Saturday, pursuant to a warrant of
arrest issued by the MTCC of Ormoc in Criminal Case 5678 for violation of BP 22. On the same
day, Judge AA of the MCTC of Leyte released the accused on the basis of a cash bond posted
only on March 8, 1999. In addition, Judge AA issued on March 6, 1999 another order of release
on the basis of a property bond which was subscribed and sworn to before him by the bondsman
on March 10, 1999. The said date was, however, changed to March 6. In essence, Judge AA issued
the release orders before the posting of the bond, whether cash or property, and thus released
prematurely released AL who turned out to be a relative of Judge AA. Consequently, SPO4 CC filed
an administrative complaint against Judge AA who, in his defense, asserted that the cash bond
was actually posted on March 6, but since the order of release was prepared by his clerk of court
who thought that he would only be available on March 7, he dated the release order on March
7. Judge AA further alleged that the cash bond was actually posted on March 6 but his Clerk of
Court altered the date of the official receipt covering the said cash bond from March 6 to March
8 so that the date would not reflect that it was posted on a Saturday, a non working day. Can
Judge AA be held liable for his actuations? Why? Why Not?

VII

Judge MC was the subject of an administrative complaint filed his own former clerk-stenographer
for signing marriage contracts without the required marriage license. Judge MC performed this act
in at least three (3) occasions. When asked to comment on the charges filed against him, the
respondent judge asserted that he desisted from performing marriages upon learning of the
contracting parties failure to produce the requisite marriage license. Can Judge MC be held
administratively liable?

VIII.

While Atty. MR was awaiting for his case to be called, Judge RV approached the representative of
Atty. MR’s client and told him “Popoy, tell your boss that his lawyer is just bleeding him dry!”.
The remark was made within hearing distance of other litigants awaiting their turn inside the
courtroom. In another occasion, Judge RV told Atty. MR, “Panero, tell you client, he cannot outlive
this case!” Will a complaint for conduct unbecoming of a member of the judiciary prosper against
Judge RV under the facts obtaining in the instant case?

IX

JP is the defendant in a case for annulment pending before the sala of the Judge RB. At the time
that Judge RB took over , the said case has already been submitted for decision. JP avers that
sometime in November 1998, Judge RB came to see him at Manila Hotel’s Lobby Lounge, where
complainant was then employed as a pianist. Judge RB told JP that he wanted the case settled.
The judge then suggested that JP should agree to a 1/3 : 2/3 sharing of the conjugal assets
between and his two children by his estranged wife. JP refused Their conversation ended with
Judge RB assuring JP that he would inhibit himself from the case if complainant would file a motion
to inhibit. Subsequently, JP filed a motion to inhibit to inhibit Judge RB. The same was denied for
“being untenable as the apprehensions of movant are unfounded and do not constitute legal
grounds for inhibition”. When his Motion for Reconsideration of the denial was also denied, JP
filed an administrative complaint against Judge RB. Under the facts obtaining, will the case against
Judge RB prosper?

Define Gross Misconduct. How is it classified as an administrative offense under the Rules of Court?

XI

Upon being replaced by Justice C, Atty. B, the former counsel of the parents of the victims of the
OZNE disco tragedy, was directed to forward all the documents in his possession to Justice C.
Atty. B refused, demanding full compensation pursuant to their written contract. Sensing that a
favorable judgment was forthcoming, Atty. B filed a motion in court relative to his attorney’s fees,
furnishing his former clients with copies thereof. IS Atty. B legally and ethically correct in refusing
to turn over the documents and in filing the motion? Explain.
XII

In a civil case, the defendant discovered that the counsel for the plaintiff used to be a member
of the Judicial and Bar Council during whose time the Judge presiding over the case was appointed
and confirmed. He filed a 'Motion to Inhibit the Judge' on the ground that the latter's ability to
act independently and judiciously had been compromised and seriously impaired because of his
'utang na loob" to the plaintiff’s counsel.If you were the Judge, how would you rule on the
Motion?

XIII

State the Sub-Judice Rule. Explain the rationale behind our observance in this jurisdiction of this
rule?

XIV

Discuss the propriety of a lawyer filing court litigations against his client over his fees.

XV

A sign was posted at the ciuilding where the law office of Atty. Redentor

Walang-Talo is located. The sign reads:

Atty. Redentor A. Walang-Talo

Chairman, IBP Legal Aid Committee Makati City IBP Chapter

Free conciliation, mediation and court representation

Suite 210, Galaxy Building, J.P. Rizal Street, Makati City

Does the posting constitute solicitation?

Suppose the sign reads:

Atty. Redentor A. Walang-Talo Attorney and Counsel-at-Law General practitioner

(Accepts pro bono cases pursuant to the IBP Legal Aid Program)

Does the posting constitute solicitation?


XVI

Constantino was accusediof estafa by Hazel, the wife of Judge Andres, for misappropriating the ring she
entrusted to him. Since Judge Andres was present

when Hazel handed the ring to Constantino, he was compelled by his wife to testify as a witness for the
prosecution in the criminal case. Did the judge commit any violation of the New Code, of Judicial Conduct
for the Philippine Judiciary?

Explain. (5%)

XVII

Andrew engaged the services of Atty. Juju under a contingent fee agreement to help him file a complaint
for damages against his employer, Wilkon Shipping, Inc. Atty. Juju handled Andrew's case for two (2) years
before the Labor Arbiter and the National Labor Relations Commission (NLRC), filing the necessary
pleadings and attending several hearings. The complaint, however, was dismissed. To improve his
chances, Andrew replaced Atty. Juju with Atty. Jen, who eventually succeeded in getting a favorable
decision from the Court of Appeals, which became final When Andrew's claims were satisfied by Wilkon,
Atty. Juju filed a collection suit against him claiming that he (Atty. Juju) is entitled to attorney's fees for
the services he rendered for two (2) years. Will the collection suit prosper? Explain.

XVIII

Atty. Tristan filed a motion to disqualify Judge Robert from hearing a civil case on the ground that the
latter was the classmate and fraternity brother of Atty. Mark, Atty. Tristan's opposing counsel. Judge
Robert denied the motion on the ground that under Rule 3.12 of [the Code of Judicial Conduct, he is not
required to inhibit in all cases where his classmates and fraternity brothers are participating lawyers in
cases before him. Is Judge Robert correct in denying the motion? (5%)

XIX

George, an American citizen doing business in the Philippines, bought a lot in Manila and secured the
services of Atty. Henry for the execution of the required documents. Atty. Henry prepared a Deed of Sale
of Land using the name of George's friend, Pete, as the buyer. In order to protect George's interests and
ensuring his free and undisturbed use of the property for an indefinite period of
time, Atty. Henry also prepared a Counter Deed of Sale and Occupancy Agreement signed by Pete in favor
of George. A competitor of George filed a complaint for disbarment against Atty. Henry on the ground
that he violated the Constitution and the CPR. Rule on the complaint and explain.

XX.

Jojo, a resident of Cavite, agreed to purchase the lot owned by Tristan, a resident of Bulacan. Atty. Agaton,
Jojo's lawyer who is also a notary public, prepared the Deed of Sale and Jojo signed the document in
Cavite. Atty. Agaton then went to Bulacan to get the signature of Tristan. Thereafter, Atty. Agaton went
back to his office in Cavite where he notarized the Deed of Sale.

Is the notarization legal and valid? Explain.