UNIVERSIDAD NG MAYNILA - COLLEGE OF LAW

FINAL EXAMINATIONS
LEGAL ETHICS

INSTRUCTIONS

1. This questionnaire contains three (3) pages including this page. Check the number of pages and
their proper sequencing. You may write notes on this questionnaire.

Read each question very carefully and write your answers in your Bar Examination Notebook in the
same order as the questions. Write your answers only on the front page of every sheet. Note well the
allocated percentage points for each question or sub-question. In your answers, use the numbering
system in the questionnaire.

2. Answer the questions legibly, clearly, and concisely. Start each answer on a separate page. An
answer to a sub-question under the same number may be written continuously on the same page and
the immediately succeeding pages until completed.

3. Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the
pertinent laws, rules, and/or jurisprudence.

A MERE "YES" OR "NO" ANSWER WITHOUT ANY CORRESPONDING EXPLANATION OR

DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS, ALWAYS BRIEFLY BUT FULLY
EXPLAIN YOUR ANSWERS AL THOUGH THE QUESTION DOES NOT EXPRESSLY ASK
FOR AN EXPLANATION. DO NOT REWRITE OR REPEAT THE QUESTION ON YOUR
NOTEBOOK.

4. Do not write your name or any extraneous note/s or distinctive marking/son your Notebook that
can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or
private notes to the Examiner). Writing, Leaving, or making any distinguishing or identifying mark
in the Notebook is considered cheating and can disqualify you.

I.

The Lawyer's Oath is a source of any lawyer's obligations and its violation is a ground for the lawyer's
suspension, disbarment, or other disciplinary action. Without stating your name and other circumstances
that will identify you, substantially write down the Lawyer's Oath that a person who has passed the bar
examinations is required to take and subscribe to before the Supreme Court. (10%)

II.

Atty. Bravo represents Carlos Negar (an insurance agent for Dormir Insurance Co.) in a suit filed by
insurance claimant Andy Limot who also sued Dormir Insurance. The insurance policy requires the
insured/claimant to give a written notice to the insurance company or its agent within 60 days from the
occurrence of the loss. 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 receipt so that he did not have any documentary
evidence of the fact of mailing and of the timeliness of the mailed notice. Dormir Insurance denied liability,
contending that timely notice had not been given either to the company or its agent. Atty. Bravo’s client,
agent Negar, testified and confirmed that he never received any notice. A few days after Negar testified, he
admitted to Atty. Bravo that he had lied when he denied receipt of Limot’s notice; he did receive the notice
by mail but immediately shredded it to defeat Limot’s claim. If you were Atty. Bravo, what would you do
in light of your client’s (Carlos Negar’s) disclosure that he perjured himself when he testified? (10%)

III.

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,
acceded to the request, telling the latter that 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 restaurant of a five-star hotel. Atty. Hermano hosted the dinner. Did Atty. Hermano, Judge

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Patron and Judge Apestado commit any ethical/administrative violation for which they can be held liable?
(10%)

IV.

The rendition of free legal service is a lawyer’s moral duty. True or False. Explain (4%)

V.

Will a lawyer violate the Code of Professional Responsibility if he forms a partnership with professionals
of other disciplines like doctors, engineers, architects or accountants? Explain your answer. (4%)

VI.
a. Can a lawyer who lacks the number of units required by the Mandatory Continuing Legal
Education (MCLE) Board continue to practice his profession? (2%)

b. May a lawyer be held liable for damages by his clients for the lawyer’s failure to file the
necessary pleadings to prosecute the client’s case and as a result of which the client suffered
damages? (2%)

c. Can a lawyer still practice his profession despite having arrears in his Integrated Bar of the
Philippines (IBP) dues? (2%)

VII.
Atty. Cornelio Carbon, 36 years of age, had always dreamed of becoming a judge, and eventually, a justice,
but his legal career took a different turn. Upon graduation, he joined a government-owned financial
institution where he worked in the Loans and Claims Division. He also taught Negotiable Instruments Law
in a nearby law school at night. He has been active in his IBP Chapter and other law organizations. However,
in his 12 years of practice, he has never done trial or litigation work. Is Atty. Carbon engaged in the "practice
of law"? (7%)

VIII.

Why is law a profession and not a trade? 2%

IX.

Atty. Perez was admitted as a member of the New York Bar. While in Manhattan, he was convicted of
estafa and was disbarred. Does his disbarment in New York a ground for his automatic disbarment in the
Philippines? 5%

X.

In 1998, Acaramba, a telecommunications company, signed a retainer agreement with Bianca & Sophia
Law Office (B & S) for the latter’s legal services for a fee of P2,000 a month. From 1998 to 2001, the only
service actually performed by B & S for Acaramba was the review of a lease agreement and representation
of Acaramba as a complainant in a bouncing checks case. Acaramba stopped paying retainer fees in 2002
and terminated its 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 acquisition of
Acaramba; and (b) the acquisition of Super-6, a company engaged in the power business. In which
transactions, if any, can Bianca & Sophia Law Office represent Temavous? Explain fully. (7%)

XI.

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 Niko’s problem. Did Atty. Henry violate any rule of ethics? Explain fully.
(7%)

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 XII.
State, with a brief explanation, whether the lawyer concerned may be sanctioned for the conduct stated
below.
a. Filing a complaint that fails to state a cause of action, thereby resulting in the defendant
succeeding in his motion to dismiss. (4%)
b. A suspended lawyer working as an independent legal assistant to gather information and secure
documents for other lawyers during the period of his suspension. (4%)
c. A suspended lawyer allowing his non-lawyer staff to actively operate his law office and conduct
business on behalf of clients during the period of suspension. (4%)
d. Keeping money he collected as rental from his client’s tenant and remitting it to the client when
asked to do so. (4%)
e. Refusing to return certain documents to the client pending payment of his attorney’s fees. (4%)
f. An unwed female lawyer carrying on a clandestine affair with her unwed male hairdresser. (4%)
g. Not paying the annual IBP dues. (4%)

XIII.

BONUS QUESTIONS

a. Give the full names of the top five (5) high ranking officials of the Philippines (5%)
b. Where did Atty. Mark Celestino complete his Bachelor of Laws degree? (2%)
c. Give at least three (3) names of the current justices of the Supreme Court (3%)