Part 2

B.1

State the duties of a lawyer imposed by the Lawyer's Oath. (8%)

 
The following are the duties of a lawyer imposed by the
lawyer's oath:
 
1. To maintain allegiance to the Republic of the Philippines,
 
2. To support its Constitution,
 
3. To obey the laws as well as the legal orders of the duly
constituted authorities,
 
4. To do no falsehood nor consent to the doing of the same
in any court,
 
5. Not to wittingly or willingly promote or sue any groundless, false
or unlawful suit, nor to give nor to consent to the doing of the
same;
 
6. To delay no man for money or malice,
 
7. To c o n d u c t h i m s e l f a s a l a w y e r a c c o r d i n g t o t h e
b e s t o f his knowledge and discretion, with all good
fidelity to the courts as to his clients,
 
8. To impose upon  himself that voluntary obligation
without any mental reservation or purpose of evasion.
B.2

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. (5%)

Canon 21 provides that an attorney shall preserve the confidence of

his client and further articulates this point in Rule 21.03-.04 by
clarifying that he may not disclose such information to outside
agencies without the consent of his client and that he may disclose
such information to firm partners unless prohibited by his client. In
the case of Atty. Meyer, he was a firm partner and as such is
covered by Rule 21.04 and not being explicitly prohibited by Niko
Henry committed no wrong in giving information to him. However in
the case of Atty. Canonigo who was not in any way connected to the
firm Henry committed a gross violation of Rule 21.03. In either case
the mere entry into the attorney-client relationship obviates the need
for a confidentiality agreement.

B.3

State, with a brief explanation, whether the judge concerned may be

sanctioned for the conduct stated below.
a. Refusing to inhibit himself although one of the lawyers in the
case is his second cousin. (3%)
No. Under Canon 3, Rule 3.12 a judge should take no part in a
proceeding where the judge's impartiality might reasonably be
 questioned. One of the cases would be where the judge is related
by consanguinity or affinity to counsel within the fourth degree. A
second cousin is a relative within the 6th degree, hence it is not
covered by the prohibition.
b. Deciding a case in accordance with a Supreme Court ruling but
adding that he does not agree with the ruling. (3%)
No. There is no law or rule prohibiting such conduct. Regardless of
his opinion, the judge still followed the Supreme Court's ruling thus
there is really nothing wrong with such act. Further, his opinion will
not have any bearing as it is not part of the decision.
c. Dictating his decision in open court immediately after trial. (3%)
Yes. A judge should uphold the integrity and independence of the
judiciary. He must not hastily issue decisions.

PRACTICAL EXERCISES

B.4

Juancho Castro asked Atty. Bernardo to prepare a letter of demand

addressed to NASAN Car Company due to faulty brakes of the Ferra it
bought last January 2019. Junacho seeks the replacement of the unit of the
return of the full amount he paid to NASAN Car Company.

Draft a demand letter to NASAN Car Company (5%)

B.5

Draft a joint Verification and Certification to be executed by Anita Go

for a complaint for Unlawful Detainer filed against William So before the
Branch 7 of Iloilo City. (8%)
B.6

Jose Sanchez is the owner of Condominium Unit 555 of Sunshine

Residences in Pasig, Metro Manila. Pedro Carlos wants to lease the
subject condominium unit of Jose Sanchez for a period of three years. Jose
Sanchez agreed to lease out the unit provided that the initial rent of
P30,000.00 per month will have an automatic adjustment of 15% for the
succeeding two years and that Pedro will give two months advance rental
and an additional amount equivalent two months rental will serve as
deposit for any expenses that may incurred at the termination of the lease
contract. The rental payment is due every 5th day of the month.

a. Draft the Lease Contract between Jose Sanchez and Pedro Carlos.
(10%)
b. Draft the acknowledgment of the Lease Contract with Atty. Enrique
Santos as Notary Public. (5%)