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V.
a. What are the grounds for disbarment or suspension from office of an
attorney?
b. If Atty. Babala is also admitted as an attorney in a foreign jurisdiction,
what is the effect of his disbarment or suspension by a competent court or
other disciplinary authority in said foreign jurisdiction to his membership in
the Philippine Bar? (2015 Bar Question)
VI.
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 Patron and Judge Apestado commit any ethical/administrative
violation for which they can be held liable? (2013 Bar Question)
VII.
After passing the Philippine Bar in 1986, Richards practiced law until 1996
when he migrated to Australia where he subsequently became an
Australian citizen in 2000. As he kept abreast of legal developments,
petitioner learned about the Citizenship Retention and Re-Acquisition Act of
2003 (Republic Act No. 9225), pursuant to which he reacquired his
Philippine citizenship in 2006. He took his oath of allegiance as a Filipino
citizen at the Philippine Embassy in Canberra, Australia. Jaded by the laid
back life in the outback, he returned to the Philippines in December 2008.
After the holidays, he established his own law office and resumed his
practice of law. Months later, a concerned woman who had secured copies
of Atty. Richards’ naturalization papers with consular authentication, filed
with the Supreme Court an anonymous complaint against him for illegal
practice of law. May the Supreme Court act upon the complaint filed by an
anonymous person? Why or why not? (2010 BAR)
VIII.
a. Describe briefly the Mandatory Continuing Legal Education (MCLE) for a
member of the Integrated Bar of the Philippines and the purpose of the
same.
b. Name three parties exempted from the MCLE. (2015 Bar Question)
IX.
Atty. Harold wrote in the Philippine Star his view that the decision of the
Supreme Court in a big land case is incorrect and should be re-examined.
The decision is not yet final. Atty. Alfonso, the counsel for the winning party
in that case, filed a complaint for disbarment against Atty. Harold for
violation of the sub judice rule and Canon 11 of the CPR that a lawyer shall
observe and maintain the respect due to the courts. Explain the sub Judice
rule and rule on the disbarment case. (2016 Bar Question)
X.
Cecilio is one of the 12 heirs of his father Vicente, who owned an
agricultural land located in Bohol. Cecilio filed a complaint charging Judge
Love Koto with abuse of discretion and authority for preparing and
notarizing a document entitled "Extra-Judicial Partition with Simultaneous
Deed of Sale" executed by Cecilio's mother Divina and brother Jose. Jose
signed the Deed on his own behalf and purportedly also on behalf of his
brothers and sisters, including Cecilio. Cecilio though alleged that in his
Special Power of Attorney, he merely granted Jose the authority to
mortgage said agricultural land but not to partition, much less to sell the
same. Judge Koto contended that in a municipality where a notary public is
unavailable, a municipal judge is allowed to notarize documents or deeds
as ex officio notary public. He claimed that he acted in good faith and only
wanted to help. Did Judge Koto violate any rules? Discuss. (2015 Bar
Question)
XI.
Write the complete test of the attorney’s oath. (2009 BAR)
XII.
Atty. D was required by Judge H of the Regional Trial Court (RTC) of
Manila to show cause why he should not be punished for contempt of court
for shouting invectives at the opposing counsel and harassing his witness.
Assuming that there was sufficient cause or ground, may Judge H suspend
Atty. D from the practice of law? If Judge H finds that the actuations of Atty.
D are grossly unethical and unbecoming of a member of the bar, may
Judge H disbar Atty. D instead? Explain your answer. (2014 Bar Question)
XIII.
Herbert Madasalin, a 25-year old Bar candidate, surrendered his driver's
license to the security guard at the Arlegui Gate when he entered the
Malacanang compound to pray at the National Shrine of St. Jude
Thaddeus. After praying the novena to St. Jude, Herbert went to the Arlegui
Gate to retrieve his driver's license. However, he was not able to get the
license because the security guard was then elsewhere. He returned the
next day only to be told that the security guard had misplaced the license.
The security guard concerned could not anymore remember where he had
placed the license. Herbert immediately requests your assistance in the
preparation of an affidavit of loss. His address is at 143 Zuzuaregui Street,
Don Antonio Heights, Quezon City. As his friend, prepare Herbert's affidavit
of loss. (2017 BAR)
MCQ
I.
Which of the following characteristics pertains to a charging lien? (2011
Bar Question)
II.