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A Compilation

of the

Questions and Suggested Answers

in the



Legal and Judicial

Compiled and Arranged by:

Reymar B Valencia

(Manila Law College)


by the


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Legal Ethics Bar Examination Q & A (1991)

Table of Contents


CODE OF PROFESSIONAL RESPONSIBILITY ------------------------------- 3

Canon 10, Rule 10.03 -------------------------------------------------------- 3

Canon 12, Rule 12.02 --------------------------------------------------------- 3-4
Canon 14, Rule 14.04 --------------------------------------------------------- 4-5
Canon 14, Rule 14.04 --------------------------------------------------------- 5-6
Canon 15, Rule 15.01, 15.03 ------------------------------------------------- 6-7

CODE OF JUDICIAL ETHICS ------------------------------------------------- 7-8

Rule 116 -------------------------------------------------------------------------- 8

Rule 137 -------------------------------------------------------------------------- 8-9

Rule 138 -------------------------------------------------------------------------- 9-10

Rule 139-B, Sec. 8 p (9)------------------------------------------------------------ 10-11

Rule 139-B ------------------------------------------------------------------------- 11-12

Legal Forms -------------------------------------------------------------------------- 13

Deed of sale of Real Estate ------------------------------------------------- 13-14

Information ------------------------------------------------------------------ 15-16
Complaint ------------------------------------------------------------------ 16-18
Affidavit of Good Faith ------------------------------------------------- 18-19
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CANON 10, Rule 10.03 (CPR)

Question No. IX

Lawyer W lost his ejectment case in the Municipal Trial Court. He appealed the decision
to the RTC which V. the judge thereof, affirmed through a memorandum decision. He
filed a motion for consideration praying that the RTC should state the facts and the law
on which its decision is based. Judge V denied his motion. Instead of filing a Petition
for Review, lawyer W filed an administrative complaint against Judge V for breach of
the Code of Judicial Conduct. What is the liability of Judge V if any?


There is no breach of the Code of Judicial Conduct committed by the RTC judge.
The memorandum decision rendered in an appeal from the Municipal Court in its
original jurisdiction officers carries with it the statement of facts found by the Municipal
Court which are deemed affirmed by the RTC judge. Memorandum decisions are
allowed on appeal.

Canon 12, Rule 12.02 (CPR)

Question No. IV

The spouses X and Y and their three (3) minor children, A, B, and C were
passengers of one of the buses of the Lahar Transportation Corp., a common carrier.
They were to attend a wedding of a relative in Sto. Thomas, Batangas. The bus turned
turtle along the South Expressway in Binan, Laguna. All of them suffered serious
physical injuries and hospitalized for thirty-one (31) days. Upon the advice of laywer V,
who claims to have strong special connections with some Judges in Quezon City, where
X and Y are resided; in Makati, where they have a house which is occupied by A; and in
Binan, Laguna, where the accident occurred, they decided to file three (3) separate
complaints for breach of contract of carriage , to wit: (1) the complaint of X and Y in
the RTC of Quezon City; (2) the complaint of A, assisted by X and Y, in the RTC of
Makati; and (3) the complaint of B and C, assisted X and Y, in the RTC of Binan,

(A) Are Atty. V is action proper?

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Attorney V’s actions are not proper because he engaged in forum shopping and
represented that he has influence. Rule 12.02 provides that a lawyer shall not file a
multiple actions arising for the same cause.

(B) If proper, for what may he be charged with, and what penalty or penalties
may be imposed upon him?


The lawyer violated Rule 12.02 for filing multiple actions arising from the same
incident. Penalty or suspension or fine should be imposed upon him as forum shopping
is a malpractice.

May a lawyer decline as appointment by the court as counsel de efcio for an

accused because he believes, and is fully convinced, that the accused is guilty of the
crime charged?

A lawyer may not decline an appointment as counsel de efficio even if he is

convinced that the accused is guilty. It is his obligation to at least protect his rights.
He might even have him acquitted or at least reduce his penalty depending ofn the
evidence during trial.


A lawyer cannot declined an appointment as counsel de officio because an

accused is entitled to counsel and refusal may lead to a situation where an accused will
be denied his right to counsel.

(A) Would your answer be the same if he is asked to be counsel for a defendant
in a civil case whose defense is based on the falsified documents? If your
answer is different, explain the ethical considerations for the difference.
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If the defense in the civil case is based on the falsified documents the lawyer
should decline.

That is in compliance with the lawyer’s oath that he should not wittingly or
willingly promote or sue any groundless or false or unlawful suit nor give aid nor
consent to the same. He is obliged not to delay a mains cause for money or malice.

Canon 14, Rule 14.04 (CPR)

Question No. III

Miss Amparo engage to services of Atty. Rito, a young lawyer and her former
boyfriend, to act as her counsel in case. True to his lawyer’s oath, Atty. Rito
represented her to the best of his ability even when he had no opportunity to talk to
her on the progress of the case. When the case was terminated, Amparo refused to
pay Atty. Rito’s fees on the ground that there was no written contract of their
professional relationship.

(A) Can Amparo justify her action?


Amparo may not justify her refusal to compensate Atty. Rito for his legal service.
An attorney is entitled to attorney’s fees for services rendered even in the absence of a
contract for attorney’s fees.


She had the right to assumed that because of the past relation, she can presume
that the services will be rendered for free.

(B) If Amparo cannot, upon what basis then may Atty. Rito be compensated?
What are the considerations to be taken into account?
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Atty. Rito has the right to demand attorney’s fees based on the implied contract
and for service rendered. The determination of the amount of attorney’s fees will be
based on quantum merit, namely: importance of the subject matter; skill demanded;
probability of losing other employment; customary changes, amount involved;
contingency or certainty of compensation; professional standing and capacity of the
client to pay.

CANON 14, Rule 14.04 (CPR)

Question No. VI

(A) XYZ Corporation, represented by Atty. W, won in a civil case against ABC Co.
and was awarded attorney’s fees in the amount of P25, 000.00. In its contract with
Atty. W in relation to said case, XYZ Corp. bound itself to pay him with P10, 000.00 for
attorney’s fees, which it paid when it rested its case. ABC Co. failed to pay the
adjudged attorney’s fees even after the decision had become final. Atty. W filed a
motion for execution of judgment on the attorney’s fees, claiming to be his. XYZ Corp.
also filed a similar motion claiming that the adjudged attorney’s fees belong to it.
Which motion will you grant?


The attorney’s fee awarded by the courts is in the form of damages and should
belong to the client XYZ Corporation.

(B) A, after taking his oath as a lawyer in 1985, was maliciously charged with the
crime of seduction by Amor, his former girlfriend. Her parents instigated the filing of
the case. A appeared for and defended himself. In the decision acquitting him, the
court explicitly stated that he was a victim of malicious prosecution. A then filed a
complaint for damages and attorney’s against Amor and her parents. A, likewise
appeared for himself in the case. Can her recover attorney’s fees?


No, Attorney A is not entitled for attorney’s fees. He may, however, be entitled
to attorney’s fee in the form of damages upon proof of bad faith of the defendant and a
definite ruling be made by the court on the claim.
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CANON 15, Rule 15.01, 15.03 (CPR)

Question No. V

Atty. B acted as counsel for C in a civil case. He also acted as counsel for D
against C in another civil case, when D lost his case against C, he filed an administrative
complaint against Atty. B for conflict of interest. Decide.


If the case of C in the first case is entirely different and related with the case of
D against C, there is no conflict of interest. If the two cases however are related
wherein attorney has knowledge of the evidence of C then there is conflict of interest.

Rule 15.01 provides that: A lawyer in conferring with a prospective client, shall
ascertain as soon as practicable whether the matter would involved a conflict with
another client or his own interest, and if so, shall forthwith inform the prospective

Rule 15.03 further provides that: A lawyer shall not represent conflicting interest
except by written consent of all concerned given after a full disclosure of the facts.

Lawyer U, a retired Tanodbayan prosecutor, now in the private practice of law,

entered his appearance for and in behalf of an accused in a case before the
Sandiganbayan. The prosecution move for his disqualification on the ground that he
had earlier appeared for the prosecution in the case and is knowledgeable about the
prosecution’s evidence, both documentary and testimonial. U contended he merely
appeared at the arraignment on behalf of the prosecutor assigned to the case who was
absent at the time. Decide.


Lawyer U should be disqualified from entering his appearance in this case even
only for the arraignment for the accused. His appearance is deemed to be appearing
for conflicting interest.
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Canon 36 provides that the lawyer, having once held public office or having been
in public employ, should not, after his retirement, accept employment in connection
with any matter he has investigated or passed upon while in such office or employ.
The contention of U that he merely appeared at the arraignment on behalf of the
absent prosecutor is not enough. As a former Tanodbayan prosecutor, he certainly had
occasion to obtain knowledge about the prosecution’s evidence.

Code of Judicial Ethics

Question No. X

In the course of a petition for bail in a case for illegal possession of firearms in
furtherance of rebellion pending before him, judge AM (who has been long frustrated
with his work because he has not been appointed to the Court of Appeals despite the
strong recommendations of several Members of Congress) made statements contrary to
the ruling of the Supreme Court on the matter. He further made utterances imputing
bias to the Supreme Court in favor of the Administration which, according to him, is the
reason why all petitions for bail in similar cases were denied despite the apparent
weakness of the evidence for the prosecution.

A: What are the implications of Judge AM’s actuations?


The facts are related in this question are similar to the case of Judge Jesus Morfe
of the Court of First Instance of Manila who had long been aspiring for an appointment
to the Court of Appeals. He held a contrary view from the decision of the Supreme
Court in People vs Hernandez that all crimes are absorbed in a lesser of crime of
rebellion which he did so in his decision.

To maintain the stability of jurisprudence and an orderly administration of justice

to trial judge should render decisions in accordance with settled jurisprudence set by
the Supreme Court. If he feels that a law or doctrine enunciated of the Supreme Court
is against his conviction, he may state his personal opinion on the matter but should
decide the case in accordance with the law or settled doctrine and not with his personal
views. He may likewise recommend remedial measures.
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(A) The implication of Judge Am’s actuations are that he could be violating his
oath of office of upholding the law and the Code of Judicial Conduct to administer his
office with due regard to the integrity of the system of law. He could also be violating
his duty as minister of justice under a government of laws and not of men.

(B) Is he liable for disciplinary action? For what?


The judge can be liable for disciplinary action for violation of the Code of Judicial

Rule 116 (ROC)

Question No. XII

In the pre-trial during the plea bargaining of a criminal case for murder, accused
OA wanted to enter a plea of guilty to the lesser offense of homicide. Private
complainants agreed, but the Asst. Provincial Prosecutor hesitated, reasoning that he is
still has to get the approval of the Provincial Prosecutor. The pre-trial was cancelled
and reset to a date thirty days after. On this hearing date, the Asst. Provincial
Prosecutor manifested that his request for approval of accused OA is plea bargain was
not acted upon by the Provincial Prosecutor. He asked for a resetting of the pre-trial,
which was forthwith denied. Judge O, after ascertaining that private complainants were
amenable to the accused OA is plea bargain, proceeded to arraign him, then imposed
the sentence for homicide. The Asst. Provincial Prosecutor filed a petition for certiorari
and an administrative case against Judge O for grave abuse of discretion and ignorance
of the law. Decide.


Plea bargaining is now allowed under the rules of procedure. Although the
assistant provincial prosecutor may have objected to the prayer of the accused to a
lesser offense, it is within the discretion of the judge to accept said plea as a measure
towards speedy disposal of cases.

The petition for certiorari and the administrative charge against the judge will
not prosper.
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There is grave abuse of discretion. This is forum shopping. Since a petition for
certiorari has already been filed, administrative should not have been filed anymore.
(Sec. 2 Rule 116).

Rule 137 (ROC)

Question No. XIII

Explain the meaning and ramifications of this statement:

“The judge is an arbiter of law and minister of justice”.


This statement is taken from a decision of a Supreme Court in Alonso vs.

Intermediate Appellate Court, 150 SCRA 259. It means that a judge should not
unfeeling literally apply the law yielding like robots which may result in gross injustice.
He should interpret and apply the law for the main purpose of administering justice.

What rule should guide a judge in determining whether he should not voluntarily
inhibit himself in a case pending before him?


The Rule is stated in the last paragraph of Rule 137, section 1 of the Rules of
Court which provides that in the exercise of his sound discretion of a judge should
disqualify himself from sitting in a case, for just valid reasons.

If there is any circumstances that might affect his impartiality, the judge should
exercise his sound discretion to inhibit himself from trying a case. As a ruled in
Pimentel vs. Salanga, 21 SCRA 160, when suggestion is made of record that he might
be induced to act in favor of one party or with bias or prejudice against a litigant arising
of circumstances reasonably capable of inciting such a state of mind, he should conduct
a careful examination and in good grace inhibit himself where that case could be heard
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by another judge and where no appreciable prejudice would be occasioned to others

involved therein.


“A judge may not be legally prohibited from sitting in a litigation. But when the
suggestion is made of record that he might be induced to act in favor of one party or
with bias or prejudice against a litigants arising from circumstances reasonably capable
of inciting such a state of mind, he should conduct a careful self examination”.

RULE 138 (ROC)

Question No. I

In at least two (2) paragraphs, give all your reasons why you want to become a
lawyer, and discuss what values you must cultivate and how you must conduct yourself
to uphold the nobility, protect the integrity, and enhance the prestige of the law


I want to be a lawyer in order to be a member of a very noble profession and to

participate in the administration of justice. As a lawyer, I am an officer of the court
sworn to assist in the administration of justice.

As a lawyer, I am sworn to maintain allegiance to the Republic of the Philippines,

support the Constitution and obey the laws and maintain the respect due the courts of
justice. I shall accept cases that I honestly believe to be meritorious and to employ
methods consistent with truth and honor.
I want to become a lawyer because the profession of law is more a mission than
a business, trade or craft and therefore its object is not material reward but to promote
the administration of justice. Lawyers are an essential ingredient of justice which is
vital to the survival of every society. Without justice, there will be anarchy. As a
lawyer, I will have the noblest opportunity to become an officer of the court, to help
maintain the respect due to the court and to employ only such means as are consistent
with truth and honor so that justice will prevail.

Include in the values to cultivate honesty, truthfulness, industry, honor and

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Rule 139-B, Sec. 8, p (9) (ROC)

Question No. XI

A complaint for rape against ZZ was filed by the father of Dulce, an 11-year old
girl, with the Municipal Trial Court of Bantayan, Cebu. After preliminary examination of
the offended party and the witnesses, Judge YY of said court issued an order finding
probable cause and ordering the arrest of ZZ without bail. ZZ was arrested and
detained. He file: (1) a Waiver of Preliminary Investigation, and (2) an Ex Parte Motion
to Fix Bail Bond. Judge YY granted the waiver and forthwith elevated the records of the
case to the RTC, which forwarded the same to the Office of the Provincial Prosecutor.

Ten (10) days after the elevation of the records, YY, acting on the Motion to Fix
Bail, issued an order fixing the bail bond at P20, 000.00. The father of Dulce filed
against YY an administrative complaint for ignorance of law, oppression, grave abuse of
discretion and partiality. If you were the executive judge of the RTC designated to
investigate the case and to make a report and recommendation thereon, what would be
your recommendation?


The facts narrated in this case are similar to the decision of the Supreme Court in
1989. The judge was found guilty of ignorance of the law for granting bail despite the
fact that he had already lost jurisdiction after elevating the records of the case to the
Regional Trial Court.

If I were the RTC Judge assigned to investigate the case I would recommend the
dismissal of the judge for gross ignorance of the law.

Rule 139-B (ROC)

Question No. II

What is the purpose of disbarment as a means of disciplining lawyers?


The purposes of disbarment are:

1. To protect the public

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2. To protect and preserve the legal profession and

3. To compel the lawyer to comply with his duties and obligations under the
Code of Professional Responsibility.

In re: Vicente Pelaez as reiterated in Cuyugan v. Amante the Court stated the
purpose as follows: The purpose of disbarment is to purge the legal profession of any
lawyer who exhibits a want of professional honesty, as to render him unworthy of
public confidence and unfit and unsafe person to manage the legal business of others.
The reason is because it is the court which admits an attorney to the bar and court
requires for such admission the possession of a good moral character. If that
qualification is a condition precedent to a license and privilege to enter upon the
practice of law it would seem to be equally essential during the continuance of the
practice and the exercise of the privilege. So it is held that an attorney will be removed
not only for malpractice and dishonesty to his profession but also for gross misconduct
not connected with his professional duties which shows him to be unfit to the office and
unworthy of the privileges which his license and law confer upon him. Disbarment is
necessary so that respectability of the bar will be maintained.

Is the penalty of indefinite suspension from the practice of law imposed upon an
erring lawyer a cruel and unusual punishment? May a suspended lawyer nevertheless
appear in court to prosecute or depend a case?


In Zaldivar vs. Sandiganbayan, 170 SCRA 1, the Supreme Court held that the
penalty of indefinite suspension from the practice of law in not cruel and unusual
punishment. The lifting of a suspension of a lawyer from the practice of law depends
on the lawyer himself to show with convincing evidence that he had rehabilitated and
reformed and his willingness to comply with rules of ethics of the profession. The said
case involved Raul Gonzales who was indefinitely suspended until he apologize to the
court for the offensive and disrespectful language used against the court.

NOTE: While the Supreme Court has already held that suspension is not a cruel
and unusual punishment, a student may believe that it is cruel and unusual for the
following reasons: suspension is an indefinite kind of penalty and you will have to beg
for reinstatement.
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A suspended lawyer may appear in court to prosecute or defend a case in his

behalf but not in behalf of the other clients.
Page 15 of 21

Legal forms
Deed of Sale of Real State
Question No. XIII

CD, married to HR sold their parcel of land locate in Ayala Heights, Quezon City
to DX for the amount of P500.000.00. The land is more particularly described in
Transfer Certificate of Title No. 45678 in the Registry of Deeds of Quezon City. The
parties agreed that all expenses for taxes, registration, transfer and association dues
are for the account of DX. Prepare the contract sale. Use a fictitious name for the
notary public. (Do not specify the metes and bonds of the property, just state the TCT
no. and the location).




CD, married to HR, Filipino citizens and residents of Ayala Heights, Quezon City,
herein after known as the VENDORS and DX, Married to Y, Filipino citizens residents of
No. 12 San Andress, Manila, herein after known as the VENDEES have entered into this
contract of sale as follows:

1. That the VENDORS are the owners in fee simple title of a parcel of residential
land containing an area of 1, 000 square meters and covered by Transfer
Certificate of Title No. 45678 of the Registry of Deeds of Quezon City;

2. That for and in consideration of the sum of P500.000 duly acknowledge and
received by these presents, the VENDORS hereby sell, cede and convey by
way of absolute sale to the herein VENDEES, the aforesaid described

3. That it is further agreed that all expenses for taxes, registration, transfer and
association dues are for the account of DX:

4. IN WITNESS WHEREOF we have here unto set our signatures this 29 th day of
September 1991 in Quezon City.
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Vendee Vendor
With my marital consent:
___________________________ ___________________________
Witness Witness



) S.S
Quezon City )

On this 29th day of September 1991 personally appeared before me CD, HR, and
DX known to me to be the same persons who executed the foregoing deed and
acknowledged that it is their free act and voluntary deed and exhibiting to me their
Residence Certificates and Tax Account Numbers as follows:

_____________________________ ______________________________
_____________________________ ______________________________
_____________________________ ______________________________

In Witness Whereof, I have hereunto set my signature and seal on the day
above stated.

Notary Public

My Commission expires
December 31, 1991

Doc. No. ___________,

Page No. ___________;
Book No. ___________;
Series of 1991.
Page 17 of 21

Legal forms
Question No. XIV

A complaint for knowingly rendering an unjust judgment was filed against Judge
X before the Provincial Prosecutors Office, Z, the investigating prosecutor, found a
prima facie case against X. Prepare the information. Omit the caption.

Undersigned Fiscal charges Judge X of the Regional Trial Court of Manila of the
crime knowingly rendering unjust judgment punishable under Article 204 of the Revised
Penal Code committed as follows:

That on or about August 1, 1991, Judge X, Regional Trial Court of Manila

dismissed a charge of rape of a 12 year old girl filed against Juan on the basis of an
affidavit of desistance of the victim, knowing fully well that in the crime statutory rape
consent of the victim is invalid.

Contrary to law.

Assistant Fiscal


I hereby certify that a preliminary investigation on this case has been conducted
by me in accordance with law; that I have examined the complainant and his witnesses;
that there is a reasonable ground to believe that a crime has been committed and the
accused was informed of the complaint and of the evidence submitted against him and
was given an opportunity to submit controverting evidence, and that the filing of this
information is with prior authority and approval of the City Fiscal.

Manila, September 1, 1991.

Assistant Fiscal
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SUBSCRIBE AND SWORN to before me this 1st day of September 1991 in the City
of Manila.

City Fiscal

List of Witnesses
Bail Recommende P50, 000.

Legal Forms
Question No. XV

Jocot asks you to prepare a negotiable promissory note wherein the promisso,
Bryan binds himself to pay a loan of P50, 000.00 in five (5) equal monthly installments
commencing on October 1991, payable not later than the 20th day of each month, with
interest at ten percent (10%) per annum. He wants you to include an acceleration
clause, and stipulations regarding attorney’s fees of P50, 000.00 in the event of suit to
enforce the note and on venue of action which shall only be in the appropriate court in
Cebu City. Prepare the requested promissory note.

Bryan failed to pay the promissory note referred to in letter A above. Jocot
decided to file a complaint against Bryan to enforce the note and hired the services of
George, a young lawyer for that purpose. You are George, prepare the complaint.


a. I, Bryan, Filipino citizen, of legal age and resident of Manila promise to

pay JOCOT or order the sum of P50, 000.00 in five equal installments commencing on
October 1, 1991, payable not later than the 20th day of each month, with compounded
interest at ten percent (10%) per annum; that in the event of a suit to enforce the
promissory note, I promise to pay P5,000 as attorney’s fees; and that said action shall
be filed in an appropriate court in Cebu City.

Cebu City, September 1, 1991.

Page 19 of 21




Plaintiff, Civil Case no. 2


COMES NOW the plaintiff through the undersigned counsel and to this Honorable
Court, respectfully alleges;

1. That plaintiff, JOCOT is a Filipino citizen, married and resident of Cebu

City and defendant BRYAN, is a Filipino citizen and resident of No. 2 Osmena Street,
Cebu City where he may be served with summons;

2. That on September 1, 1991, defendant executed a promissory note in

favor of the plaintiff in the amount of P50, 000 to be paid within a period of five months
from October 1, 1991. A copy of promissory note is hereto attached as Annex of this

3. That the period of five months had already expired and defendant still
failed to pay said promissory note;

4. That despite repeated demands both oral and written, defendant still
failed and refused to pay said promissory note;

5. That the plaintiff constrained to file this suit to enforce said promissory
note engaging the services of counsel in the amount of P50, 000;

6. That the amount due from defendant in accordance with said promissory
note is P50, 000 plus compounded interest of 10% per annum plus attorney’s fee in the
amount of P5, 000;
Page 20 of 21

WHEREFORE, it is respectfully prayed that after due trial, defendant be ordered

to pay a the plaintiff P50, 000 plus compounded interest of 10% per annum and P5,000
attorney’s fees.

Counsel for Plaintiff
PLT No. 5798
IBP OR No. 6790

Legal Forms
Affidavit of Good Faith
Question No. XVI

Prepare an Affidavit of Good Faith in a Chattel Mortgage with A as mortgagor, B

as mortgagee, and Mabel Riza as the notary public.




) S.S.
City of Manila )

We, A as mortgager and B as mortgagee severally swear under oath the

foregoing chattel mortgage was executed by us for securing a good and valid
obligations and not for the purpose of committing fraud.

Mortgager Mortgagee
Page 21 of 21

SUBSCRIBE AND SWORN to before me this 1st day of September 1991 in the City
of Manila affiants having exhibited me their Residence Certificate Nos. __________ and
Tax Account Nos. ___________.

Notary Public
My Commission expires
December 31, 1991.
Doc. No. ___________,
Page No. ___________;
Book No. ___________;
Series of 1991.