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Legal Ethics Review 2017 because the counsel is his or her friend or
Examination because he or she is sympathetic with the cause.
Despite any of the emotions, he or she manages
I. to be objective about how he or she runs trials
and renders decisions.
TWO ESSENTIAL LEGAL ETHICS
STANDARDS ENSHRINED IN THE A judge has integrity if he or she refuses to be
LAWYER’S OATH bribed or frightened by a mere display of power.
That he or she does things with her conscience
(a) The duty to uphold the Constitution as well as dictating her is of utmost importance.
obey all the legal orders of the duly-constituted
authorities. A judge demonstrates equality when he or she
does not discriminate against the people who
Being individuals tasked with defending and come to his or her court. Whether a client or a
implementing the law, a lawyer is expected at all witness is from a different gender, race, religion,
times to abide by the law. He should not or from the marginalized sector of the society, the
manipulate or maneuver himself around in order judge must treat each person with equal respect.
to gain undue advantage for himself or his client.
He is also expected to afford all authorities the Propriety in a judge is shown by his or her acts in
respect they deserve, and all legal orders and out of court. A judge must always act in such
emanating from such offices. a manner that he or she is beyond reproach
inside and outside of court. He or she must dress
(b) The duty to delay no man for money or malice. well and be cautious of his or her friendships
outside of court so he or she may not be accused
A lawyer understandably makes his living by of being improper.
catering to a client’s legal concerns. However, he
must be conscientious in his practice. He cannot Finally, a judge is both competent and diligent if
make his profession a money-making industry by he or she continuously keeps himself or herself
taking advantage of his client’s lack of knowledge aware of the latest amendments to the law and
of the law. Thus, he must dispense with cases in jurisprudence, and dispenses with cases in an
a most efficient manner, and must charge fairly efficient manner in order not to delay the
for his services. proceedings. Thus, he or she always puts in effort
to meet the periods required by law to render a
II. decision, in order not to frustrate justice.
1 | BILYAKAMPA NOTES: The Grandfather of All Past Exams Full Credits to: Mel Miranda
LEGAL ETHICS REVIEW SAMPLE EXAMINATION
Based on 2016 (Murcia) and 2017 (Escovilla) Examinations
Judge Maria Eloisa Maglana
In the case of FREEMAN VS. REYES, the In this case, as a lawyer, Atty. Sun is enjoined by
Supreme Court held that the act of appropriating the Code of Professional Responsibility to have
the insurance proceeds of her client’s deceased competent knowledge of the law and to faithfully
husband constitutes gross dishonesty that would execute them. Thus, Atty. Sun is expected to
warrant the disbarment of the respondent-lawyer. know that a mere stipulation in a contract cannot
dissolve a marriage as it is a union impressed
Canon 16 of the Code of Professional with public interest.
Responsibility mandates that a lawyer shall hold
in trust all moneys and properties of his client that Gross ignorance of the law is one of the grounds
may come into his possession. Thus, when a for disciplinary action against lawyers. For having
lawyer receives money from the client for a acted in ignorance of the law, Atty. Sun should be
particular purpose, the lawyer is bound to render held administratively liable.
an accounting to the client showing that the
money was spent for a particular purpose, and if
he does not use the money for the intended VI.
purpose, the lawyer must immediately return the
money to his client. Yes, Judge Nosere is liable for misconduct in
failing to disqualify herself from the case.
By misrepresenting to Mrs. Dub that she needed
to go abroad in order to obtain the visas, only to Under Rule 137, Section 1, on the disqualification
fail at obtaining them without reasonable of judges-No judge or judicial officer shall sit in
explanation, is a violation of such duty. any case in which he, or his wife or child, is
Furthermore, the forging of the signature to pecuniarily interested as heir, legatee, creditor or
collect the insurance proceeds is an even greater otherwise, or in which he is related to either party
violation, as it amounts to a crime under our within the sixth degree of consanguinity or affinity,
jurisdiction. or to counsel within the fourth degree, computed
according to the rules of the civil law, or in which
Atty. Defour was only able to facilitate the he has been executor, administrator, guardian,
commission of the crime by taking advantage of trustee or counsel, or in which he has been
the trust and confidence reposed upon her by her presided in any inferior court when his ruling or
client. Hence for violating her duty to be loyal to decision is the subject of review, without the
her client’s interest, the complaint for disbarment written consent of all parties in interest, signed by
should prosper. them and entered upon the record.
2 | BILYAKAMPA NOTES: The Grandfather of All Past Exams Full Credits to: Mel Miranda
LEGAL ETHICS REVIEW SAMPLE EXAMINATION
Based on 2016 (Murcia) and 2017 (Escovilla) Examinations
Judge Maria Eloisa Maglana
disqualified herself on her own. For failing to do surety company, they may be influenced to trust
so, she is liable for misconduct. more in the company, or he may use his influence
as judge to invite people to avail of the services
of his company. He should thus terminate his
VII management of such company in order to avoid
any legal issues.
Yes, Judge Torcos committed an infraction under
the New Code of Judicial Conduct.
Legal Ethics Review 2016
Canon 5 of the Code of Judicial Conduct - A judge Examination
should regulate judicial activities to minimize the
risk of conflict with judicial duties. I.
(Same as No 2 of 2017 Exam)
Rule 5.04, Canon 5 of the Code of Judicial
Conduct - A judge or any immediate member of II.
the family shall not accept a gift, bequest, favour (Same as No. 1 of 2017 Exam)
or loan from anyone except as may be allowed by
law. III.
In this case, Judge Torcas is the pairing judge of No, the lawyer negotiating upon the subject of
a court which handles the case of the son of the controversy to the party is unethical.
friend who gave her the gift. While she is not yet
handling the case, there is a possibility that she According to Canon 9 of the Canons of
might. By accepting the gift, she casts doubt on Professional Ethics, a lawyer should not in any
her ability to be impartial, in violation of the Code. way communicate upon the subject of
controversy with a party represented by counsel,
much less should he undertake to negotiate or
VIII compromise the matter with him, but should deal
only with his counsel. It is incumbent upon the
Yes, the judge must avoid the surety business lawyer most particularly to avoid everything that
while in office. may tend to mislead a party not represented by
counsel, and he should not undertake to advise
Canon 5 of the Code of Judicial Conduct - A judge him as to the law.
should regulate judicial activities to minimize the
risk of conflict with judicial duties. EXCEPTIONS (Not Found)
Rule 5.02, Canon 5 of the Code of Judicial
Conduct - A judge shall refrain from financial and IV.
business dealings that tend to reflect adversely
on the court’s impartiality, interfere with the Yes, the lawyer shall be subjected to disciplinary
proper performance of judicial activities, or proceedings.
increase involvement with lawyers or persons
likely to come before the court. A judge should so According to Rule 7, Section 5, Par 2 of the Rules
manage investments and other financial interests of Court on the Certification against forum
as to minimize the number of cases giving shopping, the submission of a false certification
grounds for disqualification. or non-compliance with any of the undertakings
therein shall constitute indirect contempt of court,
In this case, among the judge’s ventures is a without prejudice to the corresponding
surety company actively engaged in posting administrative and criminal actions. If the acts of
bonds in court cases. This venture has an the party or his counsel clearly constitute willful
increased chance of coming in conflict with his and deliberate forum shopping, the same shall be
profession, especially since bonds are almost a ground for summary dismissal with prejudice and
necessity in court. If people realize he owns the
3 | BILYAKAMPA NOTES: The Grandfather of All Past Exams Full Credits to: Mel Miranda
LEGAL ETHICS REVIEW SAMPLE EXAMINATION
Based on 2016 (Murcia) and 2017 (Escovilla) Examinations
Judge Maria Eloisa Maglana
4 | BILYAKAMPA NOTES: The Grandfather of All Past Exams Full Credits to: Mel Miranda
LEGAL ETHICS REVIEW SAMPLE EXAMINATION
Based on 2016 (Murcia) and 2017 (Escovilla) Examinations
Judge Maria Eloisa Maglana
CANON 9 - A lawyer shall not, directly or indirectly, An honorable competent and independent judiciary
assist in the unauthorized practice of law. exists to administer justice and thus promote the unity
of the country, the stability of government, and the
CHAPTER III. THE LAWYER AND THE COURTS well-being of the people.
CANON 10 - A lawyer owes candor, fairness and good CANON 1-A judge should uphold the integrity and
faith to the court. independence of the judiciary.
CANON 11 - A lawyer shall observe and maintain the CANON 2-A judge should avoid impropriety and the
respect due to the courts and to judicial officers and appearance of impropriety in all activities.
should insist on similar conduct by others.
CANON 3-A judge should perform official duties
CANON 12 - A lawyer shall exert every effort and honestly, and with impartiality and diligence.
consider it his duty to assist in the speedy and efficient
administration of justice. CANON 5-A judge should regulate extra-judicial
activities to minimize the risk of conflict with judicial
CANON 13 - A lawyer shall rely upon the merits of his duties, advocational, civic and charitable activities.
cause and refrain from any impropriety which tends to
influence, or gives the appearance of influencing the
court. NEW CODE OF JUDICIAL CONDUCT FOR THE
PHILIPPINE JUDICIARY
CHAPTER IV. THE LAWYER AND THE CLIENT A.M. No. 03-05-01-SC
CANON 14 - A lawyer shall not refuse his services to CANON 1-Independence. Judicial independence is a
the needy. pre-requisite to the rule of law and a fundamental
guarantee of a fair trial. A judge shall therefore uphold
CANON 15 - A lawyer shall observe candor, fairness and exemplify judicial independence in both its
and loyalty in all his dealings and transactions with his individual and institutional aspects.
clients.
CANON 16 - a lawyer shall hold in trust all moneys and CANON 2-Integrity. Integrity is essential not only to the
properties of his client that may come into his proper discharge of the judicial office but also to the
profession. personal demeanor of judges.
CANON 17 - A lawyer owes fidelity to the cause of his CANON 3-Impartiality. Impartiality is essential to the
client and he shall be mindful of the trust and proper discharge of the judicial office. It applies not
confidence reposed in him. only to the decision itself but also to the process by
which the decision is made.
CANON 18 - A lawyer shall serve his client with
competence and diligence. CANON 4-Propriety. Propriety and the appearance of
propriety are essential to the performance of all the
CANON 19 - A lawyer shall represent his client with activities of a judge.
zeal within the bounds of the law.
CANON 5-Equality. Ensuring equality of treatment to
CANON 20 - A lawyer shall charge only fair and all before the courts is essential to the due performance
reasonable fees. of the judicial office.
CANON 21 - A lawyer shall preserve the confidence CANON 6-Competence and Diligence. Competence
and secrets of his client even after the attorney-client and diligence are prerequisites to the due performance
relation is terminated. of judicial office.
5 | BILYAKAMPA NOTES: The Grandfather of All Past Exams Full Credits to: Mel Miranda
LEGAL ETHICS REVIEW SAMPLE EXAMINATION
Based on 2016 (Murcia) and 2017 (Escovilla) Examinations
Judge Maria Eloisa Maglana
Section 2.Objection that judge disqualified, how made Section 1. Motion or complaint. — Proceedings for the
and effect. — If it be claimed that an official is removal or suspension of attorneys may be taken by
disqualified from sitting as above provided, the party the Supreme Court on its own motion or upon the
objecting to his competency may, in writing, file with the complaint under oath of another in writing. The
official his objection, stating the grounds therefor, and complaint shall set out distinctly, clearly, and concisely
the official shall thereupon proceed with the trial, or the facts complained of, supported by affidavits, if any,
withdraw therefrom, in accordance with his of persons having personal knowledge of the facts
determination of the question of his disqualification. His therein alleged and shall be accompanied with copies
decision shall be forthwith made in writing and filed with of such documents as may substantiate said facts.
the other papers in the case, but no appeal or stay shall
be allowed from, or by reason of, his decision in favor Section 2. Service or dismissal. — If the complaint
of his own competency, until after final judgment in the appears to merit action, a copy thereof shall be served
case. upon the respondent, requiring him to answer the same
within ten (10) days from the date of service. If the
complaint does not merit action, or if the answer shows
RULE 138 to the satisfaction of the Supreme Court that the
Attorneys and Admission to Bar complaint is not meritorious, the same shall be
(See Rules of Court) dismissed.
6 | BILYAKAMPA NOTES: The Grandfather of All Past Exams Full Credits to: Mel Miranda
LEGAL ETHICS REVIEW SAMPLE EXAMINATION
Based on 2016 (Murcia) and 2017 (Escovilla) Examinations
Judge Maria Eloisa Maglana
conclusion, whereupon the respondent shall be a certified copy of the order of suspension and a full
exonerated unless the court orders differently. statement of the facts upon which same is based.
Section 5. Complaint of the Solicitor General. Answer Section 10. Confidential. — Proceedings against
of respondent. — If the Solicitor General finds sufficient attorneys shall be private and confidential, except that
ground to proceed against the respondent, he shall file the final order of the court shall be made public as in
the corresponding complaint, accompanied with all the other cases coming before the court.
evidence introduced in his investigation, with the
Supreme Court, and the respondent shall be served by
the clerk of the Supreme Court with a copy of the RULE 139-A
complaint with direction to answer the same within Integrated Bar of the Philippines
fifteen (15) days. (See Rules of Court)
7 | BILYAKAMPA NOTES: The Grandfather of All Past Exams Full Credits to: Mel Miranda
LEGAL ETHICS REVIEW SAMPLE EXAMINATION
Based on 2016 (Murcia) and 2017 (Escovilla) Examinations
Judge Maria Eloisa Maglana
-END-
8 | BILYAKAMPA NOTES: The Grandfather of All Past Exams Full Credits to: Mel Miranda