COMPILATION OF

THE LEGAL ETHICS

BAR
EXAMINATIONS
QUESTIONS AND
SUGGESTED
ANSWERS
(1990-2018)
*I do not own any of the materials I’ve compiled in this pdf file. It’s
all found in the internet, just have the patience to look for it since
it’s scattered. Giving credits to the authors of these materials. So
sharing all of it for free to all my fellow law students. - Bek
MATERIALS COMPILED:
1) 1990-2006 -> https://
thehijabifairy.files.wordpress.com/2016/02/legal-
ethics-abq.pdf
2) 2007 -> http://cofferette.blogspot.com/
2009/04/2007-bar-questions-and-suggested_17.html
3) 2006-2010 -> https://www.academia.edu/9344780/
BAR_EXAMINATION_2006-2010_LEGAL_ETHICS_AN
D_PRACTICAL_EXERCISES
4) 2011-2014 -> https://irp-cdn.multiscreensite.com/
7dcde495/files/uploaded/BAR-EXAM-QAs-IN-LEGAL-
ETHICS%202011%20to%202014.pdf
5) 2015 -> https://www.pinayjurist.com/2015-bar-
exam-suggested-answers-in-legal-ethics-by-the-up-
law-complex/
6) 2016 -> https://www.scribd.com/document/
371605443/2016-Bar-Suggested-Answer-in-Legal-
Ethics
7) 2017 -> SCANNED COPY OF THE 2017 UPLC
BAR SUGGESTED ANSWERS TO THE BAR
EXAMINATIONS IN LEGAL ETHICS
8) 2018 -> 2018 UP Law Center Suggested Answers:
Legal Ethics
 1990 BAR EXAMINATION

Question No. 1:

Mrs. Amy Dizon’s husband was killed in a traffic accident. She wants to sue
the bus company for damages but she cannot afford a lawyer. She approached
Atty. Larry Rio who agreed to handle the case without any retainer’s fee or
expenses on her part, on the condition that in case of recovery of damages, he shall
get 33% of the award by the court.

Is this arrangement valid and permissible? Decide with reasons.

Answer:

In the recent case of Angel L. Bautista vs. Atty. Ramon A. Gonzales, Adm.
Matter No. 1625, February 12, 1990, the Supreme Court held that the lawyer shall
defray all the expenses of the suit, “it is contrary to Canon 42 of the Canons of
Professional Ethics which provides that a lawyer may not properly agree with a
client to pay or bear the expenses of litigations (See also Tule 16.04, Code of
Professional Responsibility). The Court added that “although a lawyer may in good
faith, advance the expenses of litigation, the same should be subject to
reimbursement.” And, “an agreement whereby an attorney agrees to pay expenses
of proceedings to enforce the client’s rights is champertous” and “against public
policy especially where, as in this case, the attorney has agreed to carry on the
action at his own expenses in consideration of some bargain to have part of the
thing in dispute.”

The arrangement between Amy Dizon and Atty. Larry Rio, which provides
that the latter will handle the case without any retainer’s fee or expenses on her
part, can be taken to mean that the lawyer will carry out the case at his own
expenses without reimbursement. On the basis of the foregoing decision of the
Supreme Court, such an arrangement is invalid.

However, the contingent fee contract is not prohibited by the law and is
impliedly sanctioned. A contingent fee is however closely supervised by the court
to safeguard the client from unjust charges, and its validity depends, in large
measure, upon the reasonableness of the amount fixed under the circumstances of
the case. A contingent fee of 33% of the amount of recovery may be reasonable if
the bus company fights the case until the Supreme Court and the litigations are
hard-fought and long drawn: it may be unreasonable if the bus company agrees to
compromise. But the fact that a contingent fee is unreasonable does not preclude
the lawyer from being paid his fees on quantum merit basis.
Question No. 2:

Your services as a lawyer are engaged by John Dizon to defend him from
the charges of malversation of public funds before the Sandigan Bayan. John
confessed to you that he actually misappropriated the amount charged but she said
it was out of extreme necessity to pay for the emergency operation of his wife.

Will you agree to defend him? State your reason.

Answer:

I will agree to defend him, notwithstanding his confession to me that he

actually misappropriated the amount. Rule 14.01 of the Code of Professional
Responsibility provides that a lawyer shall not decline to represent a person
because of his own opinion regarding the guilt of the person. One of the duties of
an attorney is that he should, in the defence of a person accused of a crime, by all
fair and honourable means regardless of his personal opinion as to guilt of the
accused, present every defence that the law permits, to the end that no person may
be deprived of life liberty but by due process of law. The burden of proof lies with
the prosecution and if the prosecution fails to discharge such burden, the lawyers
can always invoke the presumption of innocence for the acquittal of his client. If
the prosecution proves the guilt of the accused beyond reasonable doubt, the
lawyer can strive to lower the penalty by presenting mitigating circumstances, for
he is not necessarily expected to sustain the client’s innocence. A lawyer is an
advocate, not a judge, and if he has rendered effective legal assistance to his client
as allowed by law, he can rightfully say that he has faithfully discharged his duties
as a lawyer, even if the accused is found guilty by the court.

Question No. 3:

1. A judge had been seen having a lunch with a litigant with a case pending
before him in a court. He was also seen at the race track placing bet on
certain horses. How would you evaluate the behaviour of the judge? Explain.

2. Discuss the propriety of a judge standing as sponsor at the wedding of the

son of the litigant his court?

Answer:

1. The judge behaviour is highly improper. Canon 2 of the Code of Judicial

Conduct requires that a judge should avoid impropriety and the appearance
of impropriety in all activities. Rule 2.01 of the same code provides that the
 judge should so behave at all times as to promote public confidence in the
integrity and impartiality of the judiciary. His having lunch with a litigant
with a case pending before him in court violated such rule and gives the
adverse party cause to complain against his impartiality.

His going to race track to a place a bet on certain horse puts the judiciary
personified by him in a bad light. For the personal behaviour of a judge, not
only upon the bench but also in everyday life, should be above reproach and
free from the appearance of impropriety. His judicial office circumscribes
his personal conduct and imposes a number of restrictions, which he must
observe faithfully as the price he has to pay for accepting and occupying an
exalted position in the administration of justice.

2. For the reason stated above stated, a judge’s standing as sponsor at the
wedding of the son of a litigant in his court is highly improper for it gives
the impression, rightly or wrongly, that he is disposed to resolve the case in
favour of such litigant. Public confidence in the impartiality of the judge is
eroded, and the due administration of justice suffers thereby. It is also a
violation of the letter and spirit of rule 2.03 of the Code of Judicial Conduct
which states that the prestige if judicial office shall not be used or lent to
advance the private interest of others; nor convey or permit others to convey
the impression that they are in a special position to influence the judge.

Question No. 4:

1) Would it be proper for the judge to accept a donation of a lawyer’s table and
chairs for his sala from the local chapter of the Integrated Bar of the
Philippines (IBP)? Explain your answer.

2) May a judge properly solicit for his promotion the endorsement of the local
chapter of the IBP to the Judicial and Bar Council? Explain your answer.

Answer:

1) It would be proper for a judge to accept the donations of a lawyer’s table and
chairs for his sala from the local chapter of the IBP because the donation
comes from an organization of lawyers whose duty, among others, is to help
in the proper administration of justice. Accepting the donation is not for the
personal benefit of the judge but for providing physical facilities for the
administration of justice, which is the concern by both the judge and the IBP
local chapter. What is prohibited is accepting presents or donations from
litigants or from particular lawyers practicing before him.
 2) A judge may not properly solicit for his promotion the endorsement of a
local chapter of the IBP to the Judicial and Bar Council because it will give
the impression that his promotion is not purely on merit, and the judge may
feel beholden to the particular officers of the local chapter which may, in the
future, influence him in the dispositions of cases handled by such officers as
counsels for litigants. Moreover, considering his position, the local chapter
officers may not be able to refuse such solicitation even if they believe that
he is not qualified for promotions. The judge should stand by his own
ability, qualifications and fitness, without exerting extra efforts on his part to
influence the local chapter to endorse his promotion. The local chapter
should, on its own and without solicitations from the judge, make its own
assessment and appraisal of the judge’s qualifications and fitness for
promotion, and if it is convinced that the judge possesses the required
qualifications, it is the duty of the local chapter to make known such
assessment to the Judicial and Bar Council.

Question No. 5:

1) What would you comment be about a judge who, whenever he promulgates

a decision, invites representatives of the print and broadcast media to his sala
for the purpose of having the promulgation televised, and that in the process,
he gives interviews although he does not discuss his personal views on the
merits of the case? Explain your answer.

2) How far should a judge allow publicity of the proceedings and decisions of
his court? Explain your answer.

Answer:

1) The judge’s conduct is improper; Canon II Rule 2.02 of the Code of Judicial
Conduct provides that a judge should not seek publicity for personal
vainglory. A judge should conduct proceedings in court with fitting dignity
and decorum and in such a manner as to reflect the importance and
seriousness of the inquiry to ascertain the truth. Allowing television
coverage of the promulgation of the decision would detract the dignity of the
court proceedings, degrade the court and create misconception in the public
mind. His giving interviews, even if he does not discuss his personal views
on the merits of the case, have no other purpose than to seek publicity for
personal vainglory, which is prohibited.

2) A judge may allow publicity by letting his actuations as a judge and his
decisions speaks for themselves, without any comment on his part. What
makes publicity improper is the employment of traditional dignity of the
court proceedings and of the judge himself. Good, efficient, speedy and
correct administration of justice on his part has a way of publicizing itself
 and catching public attention, and the publicity thereby generated is a
normal by-product of efficient discharge of his duties, which is proper.

Question No. 6:

A lawyer charged his clients P10,000.00 for filing fees pertaining to the
complaint he filled in court. He actually spent only P1,000.00. He did not account
for the balance.

1) May his client charge him for misconduct as a member of the Philippine
Bar? Explain your answer.
2) Suppose that the lawyer should be charge, how and where should the
complaint be filled? Explain your answer.

Answer:

1) The client may charged hid lawyer with misconduct for not accounting for
the balance of P9,000.00. It is well settled that where the client gives his
lawyer money for a specific purpose, such as to pay the docket fees for the
filling of an action in court, so much of the money not used for the purpose
belongs to the client and the lawyer holds it in trust for him. And it is the
lawyer’s duty to promptly account for all the money received from his client.
For this reason, the lawyer’s failure to account for the balance of the money
not spent for filling fees will render him liable for misappropriation, which is
a ground for disbarment.

2) The client may file a verified complain for disbarment against his lawyer.
His verified complain shall state clearly and concisely the facts complained
of and shall be supported by affidavits of person or persons having personal
knowledge of the facts therein alleged and /or by such documents as may
substantiate said facts. The client may file complaint directly with the
Supreme Court, in which case at least 18 copies thereof shall be filled, and
the Supreme Court may refer the complaint to the IBP Boards of Governors
for appropriate action, such as assigning the complaint to an investigator, or
to the Solicitor General or court officer or judge for investigation when the
interest of justice requires. The client may, however, file his complaint, in
six copies, with the IBP Board of Governors, which will then assign the case
to an investigator for investigation, or with the Secretary of a local chapter
of the IBP, which will in turn transmit the same to the IBP Board of
Governors from assignment to an investigator. (Rule139-B of the rules of
Court).

Question No. 7:
 Atty. Chito Subretodo was retained by Buddy Capilla to handle his case in
the Securities and Exchange Commission. There is a tax angle so Sobretodo
consulted Atty. Romy Collado, a tax expert, and for his assistance shared 50% of
the retainer fees with Collado?

Is this proper? Explain your answer.

Answer:

There is no impropriety in the sharing of attorney’s fees with tax expert

Atty. Romy Collado. This delegation of work and not delegation of a case. As long
as Atty. Sobretodo is responsible to his client, Buddy Capilla, even if he delegated
the research work to atty. Collado, there is no impropriety in said arrangement.
What is prohibited by the Code of Professional Responsibility is splitting of
Attorney’s fees with a non lawyer.

Alternative Answer:

a) The propriety of Atty. Chito Sobretodo consulting Atty. Romy Collado on

the tax aspect of the case depends on the circumstances obtaining.

The attorney-client relationship existed between Atty. Chito

Sobretodo and Buddy Capilla only, and not with Atty. Romy Collado.
If Atty. Romy Collado is an assistant, associate or law partner of Atty.
Chito Sobretodo and if the client, Budy Capilla, has not prohibited
Atty. Chito Sobretodo from consulting his assistant or law partner,
then Atty. Romy Collado on the tax angle of the case. As a general
rule the employment of Atty. Chito Sobretodo as a lawyer for Buddy
Capilla is deemed a retainer of any member of Atty. Sobretodo’s law
firm. However, Atty. Romy Collado is an independent lawyer; Atty.
Chito Sobretodo cannot properly consult Attorney Romy Collado on
the tax angle of the case without the consent of his client, Buddy
Capilla, because the consultation will involve revelation of the client’s
secrets, privilege communications or affairs, secret or undisclosed.
Moreover, Rule 18.01 of the Code of Professional Responsibility
provides that a lawyer shall not undertake a legal service which he
knows or should know that is not qualified to render, but he may
render such service if, with the consent of his clients, he can obtain as
collaborating counsel a lawyer who is competent on the matter.

Since Atty. Collado has rendered services, Atty. Sobretodo can

very well share 50% of his fees with Atty. Collado, the matter of fee
 division being between the two lawyers only because the client is not
asked to pay additional amount for Collado’s services as tax expert.

b) Division of fees among lawyers is allowed provided there is division of

labor and the client consents (Rule 20.02, Canon 20). Hence the sharing
between Sobretodo and Collado is proper provided the client’s consent is
obtained.

Question No. 8:

In a civil case before the Regional Trial Court between Mercy Sanchez and
Cora Delano, Sanchez engaged the services of the Reyes Cruz and Santos Law
Offices. Delano moved for the disqualification of the Reyes Cruz and Santos Law
Offices on the ground that Atty. Cruz is an incumbent senator.

Answer:

As judge, I will require that the name of Atty. Cruz, an incumbent Senator,
be dropped. From any pending filed in court or from any oral appearance for the
law firm by any other member of the law firm, and should the law firm refuse, I
will disqualify the law firm. My reasons are as follows:

Article VI, Sec.14 of the 1877 Constitution provides that “no Senator or
Member of the House of Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or quasi judicial and other
administrative bodies.” What is prohibited is personal appearance of the Senator,
Atty. Cruz, and for as long as the Senator does not personally appear in court of
Mercy Sanchez, the prohibition does not apply. Personal appearance includes not
only arguing or attending a hearing of a case in court but also the signing of
pleading and filing it in court. Hence, the Senator should not allow his name to
appear in pleadings filed in court by itself or as part of a law firm name, such as
Reyes Cruz and Santos Law Offices, under the signature of another lawyer in the
law firm, nor should allow the firm name with his name therein to appear as
counsel through another lawyer, without indirectly violating the constitutional
restriction, because the signature of an agents amounts to a signing by the Senator
through another lawyer is in effects his appearance, the office of attorney being
originally one of agency, and because the Senator cannot do directly what the
Constitution prohibits directly. The lawyer actually appearing for Mercy Sanchez
should drop the name of Atty. Cruz from any pleading or from any oral appearance
in the court; otherwise the law firm could be disqualified. Moreover, Rule 6.02 of
the Code of Professional Responsibility prohibits a lawyer in government from
using his public position to promote or advance his private interests, and the
Senator’s name appearing in pleadings or in appearances by other lawyers in the
law firm’s client, which can only be avoided by dropping the name of the Senator
from the firm name whenever it appears in court.
 1992 BAR EXAMINATION

Question No. 1:

Atty. V. Suarez represented Altamarino in an ejectment case against Orbido.

Judgement was rendered in favor of Altamarino and Orbido vacated the property
forthwith. Subsequently, a case for annulment of Altamarino’s title over the
property subject of the ejectment case was filed by Orbido who is now represented
by Atty. Suarez. Altamarino filed a motion for disqualification of Atty. Suarez for
representing conflicting interest as the latter was his lawyer in the ejectment case
against attorney and client relationship between her and Altamarino had already
terminated and that she did not obtain any confidential information regarding
Altamarino’s title in handling the ejectment case, which is different from the
present case for annulment of title.

Rule on the motion for disqualification of Atty. Suarez should be granted.

Answer:

The motion for disqualification of Atty. Suarez should be granted.

Atty. Suarez violated Canon 14, rule 14.02 prohibiting lawyers from
appearing for conflicting interest. Atty. Suarez is opposing his former client in a
related suit. Although the ejectment case had already terminated in favor of
Altamarino who was his client, he had already required information concerning the
ownership of property. An attorney who appears for opposing clients in the same
or related actions put himself in that awkward position where he will have to
oppose on behalf of the other client. He cannot in all situations give disinterested
advice to both clients.

Alternative Answer:

Atty. Suarez is not disqualified on the ground of conflicting interest. It is

true that the employment of a lawyer in a subsequent case involving former client
would result in a conflicting interest if the two cases are related. In the present case
however, the two cases are not related. An ejectment case involves issue of
physical possession (Possession de facto): whereas the second case involves a
question on the issue of ownership or title.

Question No. 2:
 Prosecutor Daniel Marquinez was assigned to handle a case for homicide.
After interviewing the witnesses for the prosecution and asking them to narrate to
him the incident that caused the death of the victim, he came to the conclusions
that the accused was really guilty. However, the version of one eyewitness showed
that the accused acted in self defence.

If you were the prosecutor, would you place said eyewitness on the witness
stand? Why?

Answer:

Under the ordinary rules on trial technique, the prosecutor should not place
the eyewitness stand.

However, based on the real mission of a lawyer who is to assist the court in
the administration of justice, the prosecutor is bound to present the eyewitness in
order that the court can properly appreciate the evidence and to decide on the real
merit of the case.

A public prosecutor is a quasi-judicial officer. He is the representative not of

an ordinary party to controversy, but of a sovereignty whose obligation to govern
at all and whose interest, therefore, in a criminal prosecution is not that it shall win
the case but justice shall be done. A prosecutor complies with his missions as a
lawyer even if the man he is prosecuting is acquitted in accordance with the law
and justice.

Canon 6, Rule 6.01 of the Code of Professional Responsibility provides that

the primary duty of a lawyer engaged in public prosecution is not to convict but to
see that justice is done. The suppressions of facts or the concealment of witnesses
capable of establishing the innocence of the accused is highly reprehensible and is
caused for disciplinary action.

Alternative Answer:

If I were the prosecutor, I would not present this eyewitness. This does not
involve suppression of evidence. It is true that a public prosecutor’s primary duty
is not to convict but to do justice and it is unethical for a prosecutor to convict but
to do justice and its unethical for a prosecutor to conceal evidence that is
favourable to the accused. In the present case, however, the prosecutor considered
the testimony of several witnesses and came to the conclusion that the accused was
really guilty. Clearly the prosecutor did not find need of the testimony of the
eyewitness who said that the accused acted in self defence. A lawyer or a
prosecutor is not duty-bound to present a witness whose credibility is in doubt.
Question No. 3:

Atty. Herminio de Pano is a former Prosecutor of the City of Manila who

established his own law office after taking advantage of the Early Retirement Law.
He was approached by Estrella Cabigao to act as private prosecutor in an estafa
case in which she is the complainant. It appears that the said estafa case was
investigated by Atty. De Pano when he was still a Prosecutor.

Should Atty. Pano accept employment as private prosecutor is said estafa

case? Explain.

Answer:

Atty. De Pano should not accept the employment as private prosecutor as he

will be violating Canon 6, Rule 6.03 of the Code of Professional Responsibility
which provides that a lawyer shall not, after leaving government service, accept
employment in connection with any matter in which he had intervened while in
said service.

The restriction against a public official from using his public position as a
vehicle to promote or advance his private interests extends beyond his tenure on
certain matters which intervened as a public official.

Question No. 4:

Atty. Belle Montes is a former partner in the Rosales Law Office which is
representing Corporation X before the Securities and Exchange Commission. Atty.
Montes who is now practicing on her own, entered her appearance as counsel for
Corporation Y in a suit between said corporation and Corporation X. Atty. Montes
claims that since she did not personally handle the case of Corporation X when she
was still with the Rosales Law Office she will not be representing conflicting
interests.

Is such argument valid? Explain.

Answer:

Atty. Belle Montes will be deemed to be appearing for conflicting interests if

she appears for Corporation Y against Corporation X.

This question is similar to the case of Philippine Blooming Mills vs. Court
of Appeals, November 1989. In the said case, the Philippine Blooming Mills was
retainer of the ACCRA Law Office. Three lawyers of ACCRA Law Office
separated from said law firm and established their own law office. The three
lawyers were disqualified from appearing for a corporation against the Philippine
Blooming Mills.

The rule prohibiting appearing for conflicting interests applies to law firms.
The employment of one member of a law firms considered as an employment of
the law firm and that the employment of the law firm is equivalent to a retainer of
the members thereof.

Question No. 5:

Judge Dino was transferred to regional trial Court of Pasig after serving as
Judge of the Regional Trial Court in Sorsogon. Delighted with her transfer, she
immediately assumed her new post. However, she brought with her the records of
five cases which are completely heard by her in her former assignment and already
submitted for decisions. Thereupon, she prepared the decision in said five cases, by
registered mail to her former Clerk of Court. One of the losing parties questioned
the authority of the Judge Dino in deciding the cases after she transfer to Pasig.

Are the decisions rendered by Judge Dino in the five cases valid? Why?

Answer:

The decisions are valid considering that the Regional Trial Court in
Sorsogon is co-equal with that of the regional trial Court in Manila. It is assumed
of course that the five cases were already submitted for decisions at the time Judge
Dino transferred to Manila (Valentine v. Sta. Maria, 55 SCRA 40).

Question No. 6:

Gliceria Magat who works as clerk typist in the Dimakali Law Offices wrote
a letter to the Supreme Court accusing her employer Atty. Dimakali of violating
her honor several times. He would invite her to go out on official business only to
bring her Regina Court, a motel in Ermita. There he would force his desires on her.
Whenever she remonstrated and fought him, he would threaten to dismiss her. She
asked the Supreme Court to disbar that “monster lawyer who thinks nothing of
violating the honor and purity of virgins like me.”

1) Is there any ground for disciplining Atty. Dimakali? Explain.

2) Suppose Atty. Dimakali is the Head of the Legal Division of the Department
of Agrarian reform. Under the foregoing set of facts, would you advise Ms.
Magat to take the same action, that is, ask the Supreme Court to disbar her
lawyer boss? Explain your answer.
Answer:

1) Yes, there is a ground for disciplining Atty. Dimakali for his immoral
behaviour and abuse of his authority on his lady clerk-typist. This is a plain
sexual harassment.
2) Yes, I would advise Ms. Magat to take the same action with the Supreme
Court. It has been ruled in Collantes vs. Renomeron, 2000 SCRA 584.

Canon 6 of the Code of Professional Responsibility also applies to lawyers in

the government service.

Question No. 7:

Atty. Cecilio Hilado, a member of the Sangguniang Panlalawigan og Bohol

was engaged by Irene Gemora as counsel in a case for malversation of public funds
which she filed against City Treasurer Paulino Alvarez. When Hilado accepted the
case, City Treasurer Alvarez filed an administrative case against Hidlado for
practicing law in violation of Sec 7 of republic Act No. 6713 (Code of Conduct
and Ethical Standards for Public Officials and Employees) which inter alia states
that:”(b) Public Officials, during their incumbency shall not ....(2) engaged in the
private practice of their profession unless authorized by the Constitution of law....”

Hilado then filed a Motion to dismiss on the Ground that 1) he is very

selective in accepting cases and appears in court only outside of sessions, hours of
Sangguniang Panlalawigan; and 2) in any event it is the Supreme Court alone,
under Art. VIII, Sec 5 of the Constitution that has the power to “promulgate rules
concerning pleading, practice and procedure in all courts....”

How valid are the arguments of Hilado? Resolve the case.

Answer:

The arguments of Atty. Hilado are not valid.

1) Atty. Hilado should not appear in said case which involves a criminal
prosecution of city treasurer.

Section 90 (b) (2) of the Local Government Code provides:

Sec. 90 Practice of Profession. Xxxx

b) Sanggunian members may practice their professions, engaged in

any occupation, or teach in school except during session hours;
provided, that the Sanggunian members who are also members of the
bar shall not:
 xxxxx
(2)Appear as counsel in any criminal case wherein an officer or
employee of the national or local government is accused of an offense
committed in relation to his office.

In fairness to the examinee, this question is not proper in legal ethic as

it is governed by Local Government Code.

2) While it is true that it is the Supreme Court that promulgated rules

concerning pleading, practice and procedure, the matter in questions
involves administrative law governing public officials prohibiting practicing
law while holding a public office in criminal cases as provided in the
aforesaid Section 90 of the Local government Code.

Question No. 8:

A complaint was filed with the Integrated Bar of the Philippines (IBP) by
Mrs. Remy Rozon against Atty. Matapobre asking that the latter be suspended
from the practice of law indefinitely for being a notorious usurer and for filing
groundless suits for various sums of money against his victims.

Mrs. Razon described the modus operandi of respondent thus: Matapobre

would require a prospective borrower to secure a promissory note in bank, if he has
none at the moment. Then Matapobre would fill up the notes showing the
principal, as well as the interest rate at 20% a month or 120% per annum, plus
other charges and attorneys fees. Before maturity of the checks, Matapobre would
inquire from the debtor whether his deposit is already funded. If he answers in the
negative, which was more often than not, Matapobre would magnanimously assure
the debtor that he would forgo presentment of the checks as long as the debt is
paid. However, the moment the debt falls due, regardless of whether the checking
account is funded, Matapobre would insist on payment. If none is forth coming,
Matapobre would file a criminal case against the delinquent debtor for issuance of
a bouncing check in violation of Batas Pambansa Blg. 22. Mr. Rozon declared that
Matapobre, having victimized several persons and pushed them to brink of penury,
has acquired the reputation of being a loan shark, it was only she who had he
courage to file charges against the lawyer/usurer.

During the investigation before the IBP, Matapobre interposed the following
defences: 1) he cannot possibly be charged with usury since the Usury Law has
been virtually repealed and the Central Bank allows the imposition of any rate of
interest; 2) even assuming that he charges “usurious” rates of interest, the debtor
freely assumes the obligation; 3) the charges being preferred against him concern
his personal conduct and has nothing to do with the practice of his profession; and
4) the IBP has no jurisdiction over his acts, personal or professional. If at all, it is
only the Supreme Court that can discipline him.
 How do you dispose of Matapobre’s arguments? Rebut each one in
sequence.

Answer:

1) What is in issue in this question is not the violation of the Usury law but the
action of Attorney Matapobre in taking undue advantage of borrowers to
make it appear that the Bouncing Check Law was violated by his victims.
Certainly it is grossly immoral for the lawyer to manipulate the transactions
which resulted in charging excessive rates of interests o loans an later
threatening them with violation of the Bouncing check law.

Canon Rule 1, Rule 1.01 provides that a lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct.

2) It is not altogether true that the borrowers freely assumed the obligation as it
was the lawyer himself who drafted and manipulated the documents and
made the borrowers sign them which they did not fully comprehend.
3) The lawyer is liable even for acts not connected in his legal profession.
4) The IBP has jurisdiction to investigate the case through the Grievance
Committee under Rule 139 (b) of the Rules of Court.

Question No. 9:

In connection with a sensational criminal case, the Public Relation Officer of

All Judges Association, Inc. Issued two press releases, one stating that the trial
judge should not have granted bail to the accused since evidence of guilt was
strong and the other, calling upon said judge to inhibit himself from trying the case
since he did not exhibit the cold neutrality of an impartial judge in ruling upon
certain motions.

Comment on the actuations of the Public Relations Officer who is

presumably authorized by the Associations.

Answer:

The actuation of the Public Relation Officer of All Judges Association is

improper. What the All Judges Association should do is to report the matter to the
Supreme Court and file proper damages. The Supreme Court may refer the matter
for investigation to a justice of the Court of Appeals.

The issuance of the press release is in violation of the rule that charges and
investigations against Judges should be confidential in character and should not be
published.

The Public Relation Officers can even be held in contempt of court.

 Furthermore, Rule 2.04 of the Code of Judicial Conduct states that “a judge
shall refrain from influencing in any manner the outcome of litigation or dispute
pending before another court or administrative agency.”

Rule 3.07 of the same Code states that “a judge should abstain from making
public comments on any pending case and should require similar restrain on the
part of court personnel.”

Question No. 10:

The Court Appeals affirmed the judgement of conviction of Atty. Gncho for
violation of B.P. Blg. 2 and likewise suspended him indefinitely from the practice
of law. There upon Atty. Gancho filed a Motion for Reconsideration assailing the
validity of his suspension from the practice of law contending that the Court of
Appeals acted as offended party, prosecutor and judge all at the same time.

1) Resolve this motion.

2) Despite the order suspending him from the practice of law, Atty. Gancho
still continued, to prosecute the ejectment cases which he himself filed
against his tenants. The tenants then questioned the authority of Atty.
Gancho to prosecute the cases when he is under suspension.

May Atty. Gancho be allowed to continue appearing in the ejectment cases?

Answer:

1) The motion for reconsideration should be denied. It is now: a settled rule

that a lawyer found guilty of violation of B.P. Blg. 22 otherwise known as
the Bouncing Check Law is a crime involving moral turpitude which is a
ground for disbursement.

2) Atty. Gancho may still continue prosecuting the case not as a lawyer but as a
party litigant.

Question No. 11:

Atty. Nicasio handled a case for Lydia Domondon wherein judgement was
rendered in the latter’s favour in the amount of P10,000.00. Upon finality of the
judgement, the judgement debtor paid the full amount of P110,000.00 to Atty.
Nicasio. However, Atty. Nicasio turned over only P80,000.00 to Lydia Domondon,
explaining that he has already deducted the amount of P20,000.00 for his
professional services in accordance with their written agreement, and the amount
of P10,000.00 awarded by the court by way of attorney’s fees from the total sum of
P110,000.00 received by him from the judgement debtor.

Comment on the proprietary of the action of Atty. Nicasio.

Answer:

The action of Atty. Nicasio in retaining the amount of P10,000.00 as

attorney’s fees said amount belongs to his client.

The award of attorney’s fees and damages under article 2208, paragraph 10
of the Civil Code refers to damages suffered by the client.

1994 BAR EXAMINATIONS

Question No. 1:

On the day of his arraignment, your client confided in you that he in fact killed the
victim for which he was being charged with murder. You had been led to believe

Initially that he was just being framed and that another person had committed the
crime.

1. How will you advise your client to plead?

2.If he should refuse to heed your advise, what course of action will you pursue?

Answer:

1. I would first inquire fully into the circumstances under which he killed the
victim. If I find out that he is guilty as charged. I would advise him to plead guilty.
After explaining his constitutional rights and the importance of the plead guilty.
2.If he would refuse to follow my advice, I would still render effective legal
assistance to him. I will spare no effort to save him from an unrighteous conviction
and to present, by all fair and reasonable means, every defense or mitigating
circumstances that the law permits to the end that he may not be deprived of life or
liberty but by due process of law legally applied.

Question No. 2:

Atty. Aguirre as counsel de officio for boy Batong Bakal, was able to win an
acquittal for Boy who was charged with robbery in band. A year later, Atty.
Aguirre discovered that Boy in fact had a lot of money which he had been bragging
as part of the loot in the crime which he is acquitted. Knowing that Boy can no
longer be prosecuted on the grounds of double jeopardy, Atty. Aguirre sent him a
bill for his services as counsel de officio.

Please give your reasoned comments on the ethical CONSIDERATIONS if any is

involved in the above case.

Answer:

A counsel de officio is a lawyer appointed by the court to defend an indigent

defendant in a criminal case. The lawyer designated as counsel de officio cannot
charge the indigent litigant for his professional services. In a sense, there is no
contract for legal services between him and the defendant. In the absence of an
express or an implied contract there is no obligation to compensate. Suing his
client for attorney’s fees might also involve a violation of the confidential nature of
a lawyer client relationship.

Question No. 3:

The law firm of Rodriguez, Delfin and Zafra had been in existence for almost 25
years and had built up an excellent reputation and a well heeled clientele.
Sometimes last year

Partner Zafra died of coronary disease but Rodriguez and Delfin refused to drop
his name from the firm name.
May Rodriguez and Delfin insist on keeping the name of Zafra as part of the firm
name?

Answer:

Yes, they may continue to use the name of Zafra in the firm name, provided that
they indicate in all communications that he is deceased. Rule 3.02 of the code of
professional responsibility that the continued name of a deceased partner is
permissible provided that

The firm indicates in all communication that the said partner passed away.

Alternative Answer:

They may keep the name of Zafra provided that the consent of the heirs is
obtained.

Question No. 4:

During the course of his cross examination, your client had testified to events and
circumstances which you personally know to be untrue. If his testimony was given
credence and accepted as fact by the court, you are sure to win your clients case.

Under the code of professional responsibility, what is your obligation to:

a) The Court

b) Your client

c)The public?

Answer:

a) A lawyer shall not do any falsehood, nor consent to the doing of any in court;
nor shall he mislead or allow the court to be misled by any artifice (Rule 10.01,
Canon 10, and Code of Professional Responsibility). A lawyer shall not knowingly
assist a witness to misrepresent himself or to impersonate other ( Rule 12.06 canon
12 Code of Professional Responsibility)

b) A lawyer who has received information that his client has, in the course of
representation, perpetuated a fraud upon a person or tribunal, shall promptly call
upon his client to rectify the same, and failing to follow will allow to terminate the
client attorney relationship in accordance with (Rule 19.02 Canon 19 Code of
Professional Responsibility).

c) A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct

(Rule 1.01 Canon 1 of the code of professional responsibility). A lawyer shall not
counsel or abet activities aimed at the defiance of law or at lessening confidence on
the legal system (Rule 1.02 Canon 1 Code of Professional Responsibility)

Question No. 5:

The client with whom you have a retainer agreement had not been paying you
contrary to your stipulations on legal fees as you continue to appear at hearings in
his case. A judgment was finally rendered in your clients favor awarding him the
real property in litigation as well as a substantial amount in damages.

As a counsel who had not been paid what steps can you take to protect your
interest?

Answer:

I will cause charging lien for my fees to be recorded and attached to the judgment
in so far as it is for the payment of money in damages. Then I will have the right to
collect my fees out of such judgments and execution in issuance pursuance thereof.

Question No. 6:

A verified complaint for disbarment was filed against Atty. Cruz who was accused
of misappropriating funds belonging to the complainant. The matter was referred
to the IBP which forthwith conducted an investigation through its local chapter.
During the pendency of the investigation, the complainant filed an Affidavit of
Desistance claiming that Atty. Cruz has already reimbursed him for the funds
which he had accused him of unlawfully spending for his own use. Atty. Cruz
moved for the dismissal of the complaint. As the hearing officer, how will you
react to the motion of Atty. Cruz?
Answer:

The desistance of a complaint in a disbarment proceedings or his withdrawal of the

charges against a lawyer does not deprive the court of the authority to proceed and
determine the matter. Nor does it necessary result in the dismissal of the complaint,
except when, as a consequence of withdrawal or desistance, no evidence is
adduced to prove the charges, Since a disbarment proceeding is neither a civil or
criminal action but one presented solely for public interest; the fact that the
complainant and the respondent have considered the case close, is unimportant.

As, a hearing officer, I will deny the motion of Atty. Cruz and continue the
hearing.

Question No. 7:

JG, a known vagrant was defended by Atty. Go in his trial for robbery with
homicide.

After he had been convicted, he appealed to reverse the decision of the court
claiming he was deprived the constitutional right to counsel when the court
appointed Atty. Go as counsel de officio in spite of his request to the court that he
preferred Atty. Concepcion whom he knew to be an excellent criminal lawyer. Is
JG correct?

Answer:

The accused is entitled to a counsel of his choice and a counsel de officio may be
appointed for him if he has no counsel de parte. In the case of(People vs
Malunsing, 63 SCRA 793), the Supreme Court set aside the judgment of
conviction because the court appointed a counsel de officio and the accused
insisted that he gets his own lawyer.

Alternative Answer:

JG is not correct. An accused is entitled to be assisted by counsel. To constitute a

violation of an accused’s right to counsel of his choice; the accused must inform
the trial court of his desire to be defended by a counsel de parte and if a counsel de
officio is appointed, he must protest such appointment and the actuation of the
counsel de officio, otherwise he cannot rightly claim that his right was violated.
Thus, where a counsel de officio has been assigned to an accused on trial and such
counsel has acted without objection from the accused. The latter’s conviction
cannot be set aside on the sole ground that his counsel was not of his own choice
(People vs Solis, 128 SCRA 217) the said ruling is applicable to this question.
While JG expressed his preference to be defended by Atty. Concepcion, he really
did not object to the appointment of Atty. Go until after his conviction. Beside if
Atty. Concepcion was his counsel of choice, he should have retained him as
counsel de parte.

Question No. 8:

Atty. Queliza was convicted of qualified seduction. He was subsequently disbarred

at the initiative of the IBP. Before he could complete the service of his sentence, he
was given an absolute pardon of the president. He thereupon petitioned the
Supreme Court for reinstatement to the practice of law as a legal and logical
consequence of the absolute pardon. Is he entitled to reinstatement?

Answer:

An absolute pardon granted to a lawyer who has been previously disbarred for
conviction of a crime involving moral turpitude does not automatically entitle him
to reinstatement. The matter of his reinstatement is still subject to the discretion of
the Supreme Court. He should still show by evidence aside from absolute pardon
that he is now a person of good moral character, a fit and proper person to practice
law.

(In Re: Rovero)

Question No. 9:

Deciding a case for malicious prosecution, Judge Sales awarded attorney’s fees
and expenses of litigation, in addition to exemplary damage to the plaintiff.

1. Did the judge act within his discretion in awarding attorney’s fees?
2. As counsel for the plaintiff, are you entitled to receive the attorney’s fee thus
awarded in addition to your stipulated attorney’s fees?

Answer:
1. A party may recover attorney’s fees by cases of malicious prosecution against
him in action for damages against the party responsible therefore( Art 2208(8) civil
code) But he must prove not only that he was acquitted in the criminal action, but
the person who charged him, knowingly made a false statement of facts to induce
the prosecutor to prosecute or that the institution of the criminal action was
prompted by a sinister design to vex or humiliate him and to cast upon him
dishonor and disgrace.

2. No, attorney’s fees in the concept or as an item of damages are an indemnity

sustained by the client, and belong to him.

Question No. 10:

The law firm of Sale, Santiago and Aldeguer has an existing and current
retainership agreement with XYZ corporation and ABC company, both of which
were pharmaceutical firms, XYZ corporation discovered that a number of its
patented drugs had been duplicated and sold in the market under ABC company’s
brand names, XYZ corporation turned to the law firm and asked it to bring suit
against ABC company for patent infringement on several counts.

What are the ethical considerations in this case and how are you going to resolve
them?

Answer:

A lawyer may refuse to accept representation of a client if he labors under conflict

of interest between him and the prospective client or between a present client or
prospective client ( Rule 14.03 Canon 14 Code of Professional Responsibility). It
is unprofessional for a lawyer to represent conflicting facts (Canon 6, Code of
Professional Responsibility). A lawyer cannot accept a case against a present client
either in the same case or a totally unrelated case.
Question No. 11:

1. May a client dismiss his lawyer at any time?

2. May a lawyer withdraw as counsel at any time?

Answer:

1. A client may dismiss his lawyer at any time with or without cause because
the relationship is one of trust and confidence,
2. A lawyer may withdraw as counsel only with the consent of the client and
with leave of court and only for good cause enumerated in (Rule 22.01
Canon 22 Code of Professional Responsibility).

Question No. 12:

Mindful that the law is a profession and not a trade or business; what are the
factors must you, as a lawyer consider in charging reasonable compensation for
your services?

Answer:

1. a) The time spent and the extent of the services rendered or required;
b) The novelty and difficulty of the questions involved;
c) The importance of the subject matter;
d) The skill demanded;
e) The probability of losing other employment as a result of acceptance of
the proffered case;
f) The customary charges for similar services and the schedule of fees of the
IBP chapter to which he belongs;
g) The amount involved in the controversy and the benefits resulting to the
client form the service;
h) The contingency or certainty of compensation;
i) The character of the employment, whether occasional or established; and
j) The professional standing of the lawyer.( Rule 20.01 Canon 20 Code of
Professional Responsibility).

Question No. 13:

In a civil case, the defendant discovered that the counsel for plaintiff was used to
be a member of the Judicial and Bar Council during whose time the Judge
presiding over the case was appointed and confirmed by him. He filed a motion to
inhibit the Judge on the ground that latter’s ability to act independently and
judiciously had been compromised and seriously impaired because of his “utang na
loob” to the plaintiff’s counsel.

If you were the Judge, how will your rule the motion?

Answer:

I will deny the Motion for Inhibition because every Judge is sworn to upheld the
decision of cases in accordance with the law. The fact that the judge was
recommended by the JBC which has seven members and deliberated even
confidentially does not make the judge even morally indebted to the JBC member
who may not even vote for him.

Alternative Answer:

Section 1 Rule 137 of the Rules of Court provides specific grounds where it is
mandatory for a Judge to be legally disqualified from sitting in a case. None of
those grounds is applicable to the facts given in this case. However, the same rule
allows that the Judge may exercise of his sound discretion to disqualify himself
from sitting in the case for a just and valid reason. The Supreme Court has held
that when a suggestion is made that a judge might be induced to act in favor of one
party and against another arising out of circumstances capable of inciting such a
state of mind; he should exercise his discretion in a way the people’s faith in the
court of justice is not impaired (Masadao and Elizaga Re: Crim Case No, 4954-M
155 SCRA 72).

The fact that the counsel of one of the parties was a member of the Judicial and Bar
Council during the time that the Judge was appointed would not by in itself
constitute sufficient ground to inhibit himself. However there is a probability that
the losing party on the back of his mind that the judge had unmeritoriously tilted
the scales of justice against him; It maybe more prudent that the Judge inhibit
himself.

Question No. 14:

After a study of the records of the case and deciding that the plaintiff was entitled
to a favorable judgment, Judge Reyes requested Atty. Sta. Ana for the plaintiff, to
prepare a draft decision. Judge Reyes then reviewed the draft decision prepared by
Atty. Sta. Ana and adopted its decision for the plaintiff. Judge Reyes saw nothing
unethical in the procedure he would asked the other party to do the same if it were
the prevailing party.

Please Comment if Judge Reyes decision was ethical and proper?

Answer:

The procedure of Judge Reyes was unethical because the judge is duty bound to
review the case himself; he must personally and directly prepare his decisions and
not delegate it to other person especially a lawyer in the case. (Section 1 Rule 36
Rules of Court)

Question No. 15:

While Atty. Lancia was on his way to the office in Makati, he chanced upon a
vehicular accident involving a wayward bus and a small Kia whose driver, a Mr.
Malas, suffered serious physical injuries. Coming to the succor of the injured Mr.
Malas; Atty. Lancia drove him to the nearest hospital. On the wqay to the Hospital
Mr. Malas found out that Atty. Lancia was a practicing lawyer In gratitude of his
help , Mr Malas retained Atty. Lancia to file a suit against the bus company and its
driver.

If you were Atty. Lancia would you accept the case?

Answer:

I will not accept the case if I were Atty. Lancia because it is difficult to dismiss the
suspicion that Atty. Lancia had assisted Mr. Alas for the purpose of soliciting legal
business. It is not clear from the facts how Mr. Alas learned Atty. Lancia was a
practicing lawyer. This could have been only if Atty. Lancia introduced himself as
a lawyer. Moreover Atty. Lancia can be utilized as a witness to the case.
 1996 BAR EXAMINATION

Question No. 1:

1) Define legal ethics.

2) What is the significance of lawyer’s oath?

Answer:

1) Legal ethics is that branch of moral science which treats of the duties which
an attorney owes to the court, his client, to his colleagues in the profession,
and to the public.

2) “The significance of the oath is that it not only impress upon the attorney his
responsibilities but it also stamps him as an officer of the court with rights,
powers and oath of a lawyer is a condensed code of legal ethics. It is a
source of his obligation and its violation is a ground for his suspension,
disbarment or other disciplinary action.” (Agpalo, Legal Ethics, 5th. Edition,
p.59)

Question No. 2

1) The Code of Professional Responsibility is to lawyers, as the Code of

Judicial Conduct is to members of the bench.

How would you characterize the relationship between the judge and the
lawyer? Explain.

2) Generally, only those who are members of the bar can appear in court.
Are the exclusions to this rule? Explain.

3) Should a lawyer accept a losing case: (a) in a criminal case; (b) in a civil
case. Explain.

Answer:

1) The Code of Professional Responsibility requires lawyers to observe and

maintained respect for judicial officers (Canon 11). On the other hand, the
Code of Judicial Conducts requires judges to be patient, attentive and
courteous to lawyers (Rule 3.03). In a word, a lawyer and judge owe each
other mutual respect and courtesy.
Alternative Answer:

a) The relationship between a judge and a lawyer must be based on

independence and self-respect. He must neither be a mindless fawning slave
of the judge, nor must he take an attitude of hostility towards the judge. The
lawyer must maintain toward the court a respectful attitude and to uphold
and protect the dignity of the court.
b) Being an officer of the court, the first and foremost duty of a lawyer is to the
court. He is bound to obey lawful orders and decisions of the court. Like the
court itself, the lawyer is an instrument to advance the ends of justice.
Should there be a conflict between the duty to his client and that of the court,
he should resolve conflict against his client and obey the lawful orders of the
court. On the other hand, judges should be courteous and impartial to
counsel. To maintain impartiality, the judge should not associate too much
with lawyers.

2) The exceptions to the rule that the only those who are members of the bar
can appear in court are the following:
a) In the municipal trial court, a party may conduct his litigation in person
or with the aid of an agent or friend (Sec. 34, Rule 138).
b) In any other court, a party may conduct his litigation personally.(id)
c) In criminal proceedings before a municipal trial court in a locality where
a duly licensed member of the bar is not available, the court may in its
discretion admit or assign a person, resident of the province and of good
repute for probity and ability, to aid the defendant in his defence,
although the person so assigned is not a duly authorized members of the
bar (Sec. 4, Rule 116).
d) Any official or other person appointed or designated in accordance with
the law to appear for the government of the Philippines shall have all the
rights of a duly authored member of the bar to appear in any case in
which said government has an interest direct of indirect (Section 33, Rule
138).
e) A senior law student who is enrolled in a recognized law school’s clinical
education program approved by the Supreme court may appear before
any court without compensation, to represent indigent clients accepted by
the legal clinic of the law school (Rule 138-A).
f) Non-lawyers may appear before the NLRC or any Labor Arbiter if they
represent themselves or their labor organization or members thereof
(Art.222, Labor Code).
g) Under the Cadastral Act, a non-lawyer can represent a claimant before
the Cadastral Court Sec. 9, Act. 2259).
 (Note: We suggest that any four instances will be sufficient.)

3) a) A lawyer may accept a “losing” criminal case. An accused is presumed to

be innocent until his guilt is proven beyond reasonable doubt by procedure
recognized by the law. Rule 14.01 of Code of Professional Responsibility
provides that a lawyer shall not decline to represent a person solely on
account of the latter’s race, sex, creed or status of life, or because of his own
opinion regarding the guilt of said persons. Otherwise innocent persons
might be denied proper defence.

b) A lawyer may not accept a “loosing” civil case. Firstly, his signature in
every pleading constitutes a certification that there is a good cause to support
it and that it is not interposed for delay (Sec. 5, Rule 7, Rules of Court).
Secondly, it is the lawyer’s duty to counsel or maintain such actions or
proceedings only as appear to him to be just and such defences only as he
believes to be honestly debatable under the law (Sec. 20 (a), Rule 138, Rules
of Court). Thirdly, h is not to encourage either the commencement or
continuance of an action or proceeding or delay in any man’s cause for any
corrupt motive or interest (Sec.20 (g), rule 138). Fourthly, he must decline to
conduct a civil cause or to make a defence when convinced that it is
intended merely to harass or injure the opposite party to work oppression or
wrong (Canon 130, Canons of Professional Ethics). If a lawyer were to
accept a bad civil case, it will wither be exert his best efforts towards a
compromise or it unsuccessful, to advice his client to confess judgement.

Alternative Answer:

A lawyer may also accept a losing civil case provided that in so doing, he
must not engaged in dilatory tactics and must advise his client about the prospects
and the advantage of settling a compromise in a case.

Question No. 3

1) Why is a lawyer an “officer of the court?” Explain.

2) Is a lawyer (a) always a notary public; or (b) is a notary public always a
lawyer? Explain.
Answer:

1) Lawyers are “officers of the court” because they form part of the machinery
of the law for the administration of justice (Hilado v. David, 84 Phil. 569).
Under Canon 12 of the Code of Professional Responsibility, the lawyer shall
exert every effort and consider it his duty to assist in the speedy and efficient
administration of justice.
2) a) A lawyer is not always a notary public. In order to be a notary public, he
has to be issued a commission by the Executive Judge of the Court of First
Instance (now Regional Trial Court) where he has applied for such
commission (Adm. Order No. 6, June 30, 1975).

c) On the other hand, a notary public need not be a lawyer, Sec. 233 of the
Revised Administrative Code provides that persons who have completed and
passed the study of law in a reputable school or university, or who have
passed the examinations for office of justice of the peace or clerk or deputy
clerk of court for a period of not less than two years, may also be appointed
notaries public. In municipalities and municipal districts where there are no
lawyers or persons having the qualifications above specified, or having
them, refused to hols such office, the judges may appoint other persons
temporarily to exercise the office of notary public who have the
qualifications of fitness and morality.

Question No. 4

1) Atty. Z, a Notary public commissioned in Quezon City, attended a wedding

at Makati, B requested Z to notarized a deed of sale executed between X and
Y who were both in Baguio City. Atty. Z who has a portable notarial seal,
notarized the document. Subsequently, X assailed the document alleging that
his signature thereon was falsified. X files a case for disbarment against
Atty. Z.

a) What is the liability of Atty. Z, if any? Explain.

b) Where the complaint for disbarment should be filed?

2) Congress woman C is a senior partner in a law firm. Although C is no longer

appear in court, she advises clients and corrects the pleadings of her
assistants. A political opponent lodged a complaint with the House
Committee on ethics contending that Congresswoman C is prohibited by the
Constitution to practice law.

Will the complaint prosper? Explain.

Answer:

1) a) Atty. Z may be held criminally liable for violating Article 171

(Falsification by Public Officer) of the Revised Penal Code, by making it
appear that X and Y appeared and acknowledged having executed the deed
of sale before him, when in fact they did so appear or acknowledge. He may
also administratively liable for not obeying the laws of the land (Canon 1,
Code of Professional Responsibility). Moreover, his jurisdiction as notary is
only in Quezon City.

b) The complaint for disbarment may be filed with the Supreme Court or
with the Board of governors of the Integrated bar of the Philippines, or with
the IBP chapter of which Atty. Z is member (Rule 139-B, Rules of Court).

2) b) The complaint will not prosper, Sec. 14, Article IV of the Constitution
provides that “No senator or member of the House of the Representatives
may personally appears as counsel before any court of justice or before the
electoral tribunals, or quasi-judicial and other administrative bodies.” What
is prohibited is “personal appearance.” Since the practice of law covers a
wide range of activities senators and congressmen are allowed to engaged in
the aspects of legal practice such as the giving of legal advice to clients
(Pineda, Legal and Judicial Ethics, 1995 ed.,p.20). However, he should not
sign any pleading.

Question No. 5

1) Talbog, a small town, has only two practicing lawyers. Jose, a good friend of
Judge M, requested the latter to notarize a deed of sale for his farm lot,
because the two lawyers of their town charged exorbitant fees. Judge M
notarized the document and charged P10.00 as fee. The two lawyers
complained to the Supreme Court.

a) Will their complaint prosper? Explain

b) Can Judge M charge a fee?

2) Atty. X retained by E in case for violation of BP 22 filed by B before the

scheduled hearing, Atty. X assured B that E would pay the value of the
dishonored check. Elated at the prospect of being paid, B wined and dined
Atty. X several times. Atty. X convinced B not to appear at the scheduled
hearing. Due to non-appearance of B , the estafa case was dismissed for
failure to prosecute. B, however, was never paid. Thus, she filed a case for
disbarment against Atty. X.
Does the conduct of Atty. X constitute malpractice? Explain.
Answer:

1) a) The complaint will prosper, Circular No 1-90 of the Supreme Court

provides that Municipal Circuit Trial Court Judges may act as notaries
public ex officio only in the notarization of documents connected with the
exercise of their official functions and duties. They may not, as notaries
public officio, undertake the preparation and acknowledgement of private
documents, contracts and other acts of conveyances which bear no direct
relation to the performance of their functions as judges. As an exception,
MTC and MCTC judges assigned to municipalities or circuits with no
lawyers or notaries public may, in their capacity as notaries public exofficio,
perform any act within the competency of a regular notary public, provided
that (1) all notarial fees charged shall be for the amount of the government
and turned over to the municipal treasurer, and (2) certification be made in
the notarized documents attesting to the lack of any lawyer or notary public
in such municipality or circuit. In this case there were two lawyers available
in the municipality, only that they were charging exorbitant fees, which is
not an exemption to the general rule.

b) As can be seen from Circular No. 1-90 above, the judge, if allowed to
perform the functions of a regular notary, may charge a fee, but such fee
shall be for the account of the government and turned over to the municipal
treasurer.

2) Yes, the conduct of Atty. S constitutes malpractice. A lawyer owes candor,

fairness and good faith to the court. He shall not do any falsehood or shall be
mislead or allow the court to be misled by any artifice. He owes loyalty to
his client. In a case involving similar facts, the Supreme Court found that the
lawyer concerned obstructed the administration of justice and suspended him
for two years (Cantorne v. Ducusin, 57, Phil. 20).

Question No. 6

1) May a law firm use the name of a deceased partner? Qualify.

2) Y hires the services of Atty. Z in a case where Y is accused of rape. Atty. Z,
firmly believes that Y is guilty of the crime of rape.

If you were Atty. Z, would you still accept the case? Explain.
Answer:

1) Rule 3.02 of the Code of Professional responsibility provides in part that

“The continued use of the name of a deceased partner is permissible
provided that the firm indicates in all its communications that said partner is
deceased.” However, several justices of the Supreme Court dissented from
this rule.
2) I would still accept the case. It is not for me to judge that Y is guilty of the
crime. The law presumes him to be innocent, and is entitled to an acquittal
unless his guilt is proven beyond reasonable doubt with due process of law.
The lawyer’s work is to see to it that due process of law is observed.
Otherwise, may accused will be defenceless.

Question No. 7

1) In a hearing before the Court of Tax Appeals, Atty. G was invited to appear
as amicus curiae. One of the Judges hearing the tax case is the father of Atty.
G. The counsel for the respondent moved for the inhibition of the judge in
view of the father-son relationship.

Is there merit to the motion? Decide.

2) A group of businessmen formed a corporation, the primary purpose of which

is furnish legal advised and service to the subscribers as a collection agency.
To accomplish this purpose, the group planned to employ a staff of lawyers
to initiate and prosecute collection suits entrusted to it by its clients. The
SEC denied registration of the corporation on the ground that it was
disqualified to practice law.

Is the SEC correct? Discuss briefly.

Answer:

1) There is no merit to the motion. Rule 3.12 of the Code of Judicial

Responsibility provides that “A judge should take no part where the judge’s
impartiality might reasonably be questioned.” Among the instances for the
disqualification of a judge is that he is related to a party litigant within the
sixth degree or to counsel within the fourth degree of consanguinity or
affinity. But this refers to counsel of the parties. An amicus curiae is
supposed to be an experienced and impartial attorney invited by the court to
appear and help in the disposition of issues submitted to it. He represents no
 party to the case. There is, therefore, no ground to fear the loss of the judge’s
impartiality in this case if his son is appointed amicus curiae.

Alternative Answer:

Yes, there is merit in the motion. Although Atty. G. was appearing only as
amicus curiae, his opinion may influence the decision of one of the judges who is
his father. Rule 137, par. 1 of the rules of Court does not distinguish whether the
lawyer who is related to the judge within fourth degree is appearing as amicus
curiae or hired counsel.

2) The SEC is correct. It is well settled that a corporation cannot engaged in the
practice of law. Only a natural person may be admitted to the practice of
law. (Sec. 1, Rule 138, Rules of Court). A corporation cannot perform the
conditions required for membership in the bar, such as possession of good
moral character. A corporation cannot practice law directly or indirectly by
employing a lawyer to practice for it or to appear for others for its benefit.

Question No. 8

1) May a judge be disciplined by the Supreme Court based solely on a

complaint filed by the complainant and the answer of respondent Judge? If
so, under what circumstances? What is the rationale behind this power of the
Supreme Court?
2) A Judge of the regional Trial Court, notwithstanding the fact that he was
facing criminal charges at the time he obtained his appointment, did not
disclosed the pendency of the cases either to the President or to the Supreme
Court. He claims that: (a) he enjoys presumption of innocence in the pending
criminal cases; (b) that the said cases even if sustained after trial do not
involve moral turpitude; and (3) before an administrative complaint based on
a criminal prosecution can be given due course there must be a conviction by
final judgement.

May the Judge be considered as an undeserving appointee and

therefore be removed from his office?

Answer:

1) A judge may be disciplined by the Supreme Court based solely on the basis
of the complaint filed by the complainant and answer of the respondent
judge, under the principles of res ipsa loquitur. The Supreme Court has held
that when the facts alleged in the complaint are admitted or are ready how
negate the strong inference of evil intent is forthcoming, no further hearing
to establish such facts to support a judgement as to culpability of the
 respondent is necessary (In Re: Petition for dismissal of Judge Dizon, 173
SCRA 719).

2) He may be considered as undeserving and removed from office. This

problem falls quarterly under the decision of the Supreme Court in the case
of Court Administrator v. Estacion, 181 SCRA 33, wherein a complaint was
filed concerning the appointment of a Regional Trial Court judge
notwithstanding the fact that he was then facing criminal charges for
homicide and attempted homicide. The judge also claimed that (a) he enjoys
the presumption of innocence, (b) the said cases, even if sustained, do not
involved moral turpitude, and (c) before an administrative complained based
on a criminal prosecution is given due course, there must be a conviction by
final judgement. The Supreme Court held:

“The argument that he had not yet been convicted and should
be presumed innocent is beside the point, and so is the contention that
the crimes of homicide and attempted homicide do not involve moral
turpitude. The important consideration is that he had a duty to inform
appointing authority and this Court of the pending criminal charges
against him to enable them to determine on the basis of his record,
eligibility for the position he was seeking. He did not discharge that
duty. His record did not contain the important information in question
because he deliberately withheld and thus effectively hid it. His lack
of candor is as obvious as his reason for suppression of such vial fact,
which he knew would have been taken into account against him if it
had been disclosed.

As stressed in the report, it behoves every prospective

appointee to the judiciary to appraise the appointing authority of every
matter bearing on his fitness for judicial office, including such
circumstances as may reflect on his integrity and probity. These are
qualifications specifically required of appointees to the judiciary
under Article VIII Sec. 7(3) of the Constitution. The fact alone of his
concealment of the two criminal cases against him is clear proof of his
lack of the said qualifications and renders him unworthy to sit as a
judge.”

The respondent judge was accordingly removed from office.

Question No. 9

1) In a homicide case, Atty. M was appointed by the Court as counsel de

officio for F, the accused. After trial F was acquitted. Atty. M sent F a bill
for attorney’s fees.
a) Can F be compelled to pay? Explain.
b) Can F employ a counsel de parte to collaborate with Atty. M, his counsel
de officio? Explain.
 2) In a murder trial, Judge to asked searching questions of all the witnesses for
the accused prompting Atty. O counsel of the accused, to request Judge T to
desist from acting as counsel for the prosecution. The Judge, however,
reminded Atty. O that she wanted to determine whether the accused was
guilty of the crime charged.

Is it proper for Judge T to take an active part on the examination of

the accused witnesses?

Answer:

1) a) No, F may not be compelled to pay attorney’s fees. A counsel de officio is

a lawyer appointed to render professional services in favour of an indigent to
render professional services in favour of an indigent client. In the absence of
a law allowing compensation, he cannot charge the indigent litigant for his
professional services. One of the obligation which the lawyer assumed when
he took his oath as a lawyer is to render free legal services when required b
the law to do so. The Rules of Court provides a token compensation for an
attorney de officio to be paid by the state.

He may do so, but if he can afford to employ a counsel de parte, then

he is no longer indigent and will not need a counsel de officio. The latter can
withdraw as his counsel if he chooses to.

2) No, it is not proper. Rule 3.06 of the Code of Judicial conduct provides that
“While a judge may, to promote justice, prevent waste of time or clear up
some obscurity, properly intervene in the presentation of evidence during the
trial, it should always be borne in mind that undue interference may prevent
the proper presentation of the cause or the ascertainment of truth.” The
intervention of the judge in a case must be done with considerable
circumspection. It must be done sparingly and not throughout trial, which
will have the effect of or will tend to build or bolster the case for one of the
parties. The reason for the rule is that the judge should not only be impartial
but also appear to be impartial.

Question No. 10

1) Judge P decide an annulment of title suit in favour of A. After the decision

had become final and executor. A sold property to a realty firm. Judge P, a
 good friend of the owner of the realty firm, purchased two lots in the
property at a substantial discount.
a) Did Judge P violate any provision of the Civil Code with respect to the
purchase of a litigated property?

b) Did Judge P go against any provision of the Civil Code with respect to
the purchase of a litigated property?

2) Justice C recently retired. The parents of the victims of the OZONE Disco
tragedy retained him in the case for damages which they filed against the
owners of the Disco, Quezon City officials and Quezon City.

Can he appear as counsel for the victims’ parents? Explain.

3) Upon being replaced by Justice C, Atty. B, the former counsel of the victims
of the Ozone Disco tragedy, was directed toward all the documents in his
possessions to Justice c. Atty. B refused, demanding full compensation
pursuant to their written contract. Sensing that a favourable judgement was
forthcoming, Atty. B filed a motion in court relative to his attorney’s fees,
furnishing his former clients with copies thereof.

Is Atty. B legally and ethically correct in refusing to turn over the documents
and in filing the motion? Explain.

Answer:

1) A) Article 1941 of the Civil Code provides as follows:

“Art. 1941. The following persons cannot acquire by purchase, even at a

public or judicial auction, either in person or through the mediation of
another.

X X X X X X X X X X

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior

courts, and other officers and employees connected with the administration
of justice, the property and rights in litigation or levied upon an execution
before the court within whose jurisdiction or territory they exercise their
respective function; this prohibition includes the act of acquiring by
assignment and shall apply to lawyer with respect to the property and rights
which may be the object of any litigation to which they may take part by
virtue of the profession.”
 In the case of Macariola v. Asuncion, 14 SCRA 77, the Supreme
Court held the Article 1491 does not apply where the property was not
acquired from any of the parties to the case, or when the litigation is already
terminated. In this realty firm was not a party to the case. Moreover, his
judgement had already become final and executor; hence the property was
no longer in litigation. There is no violation of Article 1941.

b) However, in the same case, the Supreme Court held that while the
respondent judge may not have violated Art. 1941 of the Civil Code, still, it
was improper for him to have acquired the property concerned. He has
violated Canon 3 of the Canons of Judicial Ethics which requires that
judge’s official conduct should be free from the appearance of improperly,
and his personal behaviour, not only upon the bench and in the performance
of judicial duties, but also in his everyday life, should be beyond reproach. It
was unwise and indiscreet of him to have acquired the subject property,
because it gives cause for doubt or mistrust in the uprightness of the
administration of justice.

2) Section 1 of Republic Act No. 910, as amended provides hat “it is a

condition of the pension provided for herein that no retiring justice or judge
of a court of record or city or municipal judge during the time that he is
receiving the said pension shall appear before any court in any civil case
wherein the government or any of its legally instituted officers.” In as much
as the case being offered to Justice C is a civil case against not only the
disco itself, but also against Quezon City and its officials, he will be
violating the aforesaid condition if he appears as counsel for the victim’s
parents in the said case.

3) Atty. B is legally and ethically correct in refusing to turn over the

documents. He is entitled to a retaining lien which gives him the right to
retain the funds, documents and papers of his clients which have lawfully
come to his possession until his lawful fees and disbursement have been paid
(Sec. 37, Rule 138, Rules of Court, Rule 16.03, Code of Professional
Responsibility). Likewise, he is legally and ethically correct in filing a
motion in court relative to his fees. He is entitled to a charging lien upon all
judgements for the payment of money, and executions issued in pursuance
of such judgements, which he has secured in a litigation of his client, from
and after the time when the records of the court rendering such judgement or
issuing such execution (ibid.)
 1998 BAR EXAMINATION

Question No. 1

Judge C was appointed MTC Judge in 1993. Subsequently, the Judicial and
Bar Council received information that previously he had been dismissed as
Assistant City Prosecutor of Manila. It appeared that when he applied for
appointment to the Judiciary, his answer to the question in the personal data sheet-
“Have you ever been retired, dismissed or forced to resign from any employment?”
was- “Optional under Republic Act No. 1145.” The truth is, he was dismissed for
gross misconduct as Assistant City prosecutor.

May he be dismissed as Judge? (5%)

Answer:

Yes. “By his concealment of his previous dismissal from the public serice,
which the Judicial and Bar Council would have taken into consideration in acting
on his application for appointment as a judge, he (the judge) committed an act of
dishonesty that rendered him unfit to be appointed, and to remain, in the Judiciary
he has tarnished with his falsehood.” (Re: Inquiry on the Appointment of Judge
Enrique A. Cube, 227 SCRA 193: Jose Estacion, 181 SCRA 33, Estanislao Belan,
August 6, 1998).

Question No. 2

What is your understanding of forum-shopping? What are the possible

consequences? (5%)

Answer:

Forum-shopping is the improper practice of filling several actions or

petitions in the same or different tribunals arising from the same cause and seeking
substantially identical reliefs in the hope of winning in one of them.

The possible consequences of forum-shopping are:

1) Summary dismissal of the multiple petition or complaint.

2) Penalty for direct contempt of court on the party and his lawyer.
3) Criminal action for a false certification of non forum shopping.
4) Disciplinary proceeding for the lawyer concerned. (Sec. 5, Rule 7, 1997
Rules of Civil Procedure)
Question No. 3

When Atty. Aldrin received copy of the decision of the court of Appeals, he
files a motion for reconsideration using intemperate and disrespectful language
with a subtle threat that “knowingly rendering an unjust judgement is punishable
under the Revised Penal Code.”

The Court of Appeals ordered him to explain why he should not be cited in
contempt of court. Instead of complying, he submitted to the Court of Appeals his
Petition to Retire from the practice of law which he immediately filed with the
Supreme Court after receiving the citation for contempt. May he be allowed to
retire from the practice of law? (5%).

Answer:

No. “A practicing lawyer and officer of the court facing contempt

proceedings cannot just be allowed to voluntarily retire from the practice of law
which would negate the inherent power of the court to punish him for contempt.”
(Montecillo v. Gica, 60SCRA 234).

Question No. 4

Nene approached Atty. Nilo and asked him if it was alright to buy a piece of
land which Maneng was selling. What was shown by Maneng to Nene was an
Original Certificate of title with many annotations and old patches, to which Nene
expressed suspicion. However, Atty. Nilo, desirous of pushing through with the
transaction because of the high notarial fee promised to him, told Nene that the title
was alright and that the title was alright and that she should not worry since he is
an attorney and that he knew Maneng well. He notarized the Deed of Sale and
Nene paid Maneng P108,000.00. It turned out that Maneng had previously sold the
same property to another person.

For the injustice done to Nene, may Atty. Nilo be disciplined? (5%).

Answer:

Yes. Atty. Nilo is guilty of gross negligence in protecting the interest of his
client. A lawyer shall not neglect a legal matter entrusted to him and his negligence
in connection therewith shall render him liable (Rule 18.03, Code of Professional
responsibility). Worse, he was negligent because he placed his own interest in
receiving a high notarial fee over and above the interest of his client. In the case of
Nadayag v. Grageda, 237 SCRA 202, which involves similar facts, the Supreme
Court held that lawyer “should have been conscientious in seeing to it that justice
permeated every aspect of a transaction for which his services had been engaged,
in conformity with the avowed duties of a worthy member of the Bar.”

Question No. 5

A lawyer advertised in the newspaper the following:

“Can secure annulment of your marriage promptly. Expert in legal

separation cases. Consult anytime.”

Is the advertisement proper? (5%)

Answer:

No. A lawyer in making known his legal services should not use any false,
fraudulent, misleading, deceptive, undignified or self-laudatory statements
regarding Professional Responsibility, In re Tagorda, 53 Phil. 37). The claim that
he can secure annulment of marriage promptly is false and misleading and his
claim that he is an expert in legal separation is self-laudatory. The advertisement
constitutes improper solicitation and violates the sanctity of the institution of
marriage which the States should protect (Ulep v. Legal Clinic, Inc. 221 SCRA
378).

Question No. 6

State the rule on (a) the right of the client to dismiss his lawyer and (b) the
prerogative of a lawyer to withdraw as counsel. (5%).

Answer:

(a) A client has the right to dismiss his lawyer at any time, with or without just
cause. The existence or non-existence of just cause. The existence or non-
existence of just cause is material only for determining the right of the
lawyer to compensation for the services rendered. The client’s right to
terminate the lawyer’s services springs from the strictly personal and highly
confidential nature of the client loses confidence in his lawyer, he has the
right to dismiss him.
(b) On the other hand, the lawyer does not have an unqualified right to withdraw
as counsel. As an officer of the court, he may not withdraw or to be
permitted to withdraw as counsel if such withdrawal will work injustice to a
 client of frustrate the ends of justice. A lawyer may withdraw at anytime
with his client’s written consent. Without such consent, he may withdraw his
services only for good because and upon notice appropriate in the
circumstances (Canon 22, Code of Professional Responsibility).

Question No. 7

A mayor charged with Homicide engaged your services as his lawyer. Since
there is only one witness to the incident, the mayor disclosed to you his plan to kill
the lone witness through a contrived vehicular accident.

1) What are the moral and legal obligations to the mayor, and to the
authorities? (3%)
2) Should the killing push through and are you certain that the mayor is one
responsible, are you under obligation to disclose to the authorities what was
confided to you? Is this not a privilege communication between client and
attorney? (2%).

Answer:

1) It is the duty of an attorney to divulge the communication of his client as to

his announced intention to commit a crime to the proper authorities to
prevent the act or to protect the person against whom it is threatened.

2) Public policy and the lawyer’s duty to counsel obedience to the law forbid
that an attorney should assist in the commission of a crime or permit the
relation of attorney and client to conceal a wrong doing. He owes it to
himself and to the public to use his best efforts to restraint his client from
doing any unlawful act and if, notwithstanding his advice, his client
proceeds to execute the illegal deed, he may disclose it or be examined as to
any communication relating thereto. There is privileged communication only
as to crimes already committed before its communication to the lawyer.

Question No. 8

A judge, in order to ease his clogged docket, would exert efforts to compel
the accused in criminal cases to plead guilty to a lesser offense and advise party
litigants in civil cases, whose positions appear weak, to accept the compromise
offered by the opposing party.

Is the practice legally acceptable? (5%)

Answer:

The practice is legally acceptable as long as the judge does not pressure on
the parties and takes care that he does not appear to have prejudged the case.
Where a judge has told a party that his case is weak before the latter was fully
heard, such was considered ground for his disqualification (Castillo v. Juan 62
SCRA 124).

Question No. 9

Atty. Asilo, a lawyer and a notary public, notarized a document already

prepared by spouses Roger and Luisa when they approached him. It stated in the
document that Roger and and Luisa formally agreed to live separately from each
other and either one can have a live-in partner with full consent of the other.

What is the liability of Atty. Asilo if any? (5%).

Answer:

Atty. Asilo maybe held administratively liable for violating Rule 1.02 of
Code of Professional responsibility. A lawyer shall not counsel of abet activities
aimed at defiance of the law or at lessening confidence in the legal system. An
agreement between two spouses to live separately from each other and either one
could have a live-in partner with full consent of the other, is contrary to law and
morals. The ratification by a notary public who is a layer of such illegal or immoral
contract or document constitutes malpractice or gross misconduct in office. He
should at least refrain from its consumption. (In re Santiago, 70 Phil.661;
Panganiban v. Borromeo, 58 Phil. 38 Phil. 367, In re Bucana, 72 SCra 14).

Question No. 10

What is your understanding of quantum merit as attorney’s fee? (5%)

Answer:

Quantum merit literally means “as much as he deserves.” It is a measure for

the lawyer’s fee in the absence of a contract, or when the fees stipulated in a
contract are found unconscionable, or when the lawyer’s services are terminated
for cause. The lawyer is entitled to receive what merits for his services, as much as
he has earned. The factors to be taken into consideration are enumerated in Rule 22
of the Code of Professional Responsibility.

Question No. 11

For his failure to appear for trial despite notice Atty. Umali was summarily
pronounced guilty of direct contempt and was fined P10,000.00 by judge.

Is the Judge correct? (5%).

Answer:

The judge is not correct. A lawyer who fails to appear for trials is only liable
for indirect contempt, which cannot be punished summarily. (People v. Torio, 118
SCRA 14; Atty. Himiniano D. Silva v. Judge German G. Lee, 169 SCRA 512).

Question No. 12

Ben filed proceedings for disbarment against his lawyer, Atty. Co, following
the latter’s conviction for estafa for misappropriating funds belonging to his client
(Ben). While the proceedings for disbarment was pending, the President granted
absolute pardon in favour of Atty. Co, then moved for the dismissal of the
disbarment case.

Should the motion be granted? (5%).

Answer:

An absolute pardon by the President is one that operates to wipe out the
conviction as was as the offense itself. The grant thereof to a lawyer is a bar to a
proceeding for disbarment against him, if such proceeding is based solely on the
fact of such conviction ( In re Parcasion, 69 SCRA 336). But where the proceeding
to disbar is founded on the professional misconduct involved in the transaction
which culminated in his conviction, the effect of the pardon is only to relieve him
of the penal consequences of his act and does not operate as a bar to the disbarment
proceeding, inasmuch as the criminal acts may nevertheless constitute proof that
the attorney does not possess good moral character (In re Lontoc, 43 Phil.293).
Question No. 13

Discuss the propriety of a lawyer filing a suit against his client concerning
his fees. (5%).

Answer:

Rule 20.04 of Code of Professional Responsibility provides that “a lawyer

shall avoid controversies with his clients concerning his compensation and shall
resort to judicial action only to prevent imposition, injustice of fraud.” The legal
profession is not a money-making trade but a form of public service. Lawyers
should avoid giving the impression that they are mercenary (Perez v. Scottish
Union and National Insurance Co.,76 Phil.325). It might even turn out to be
unproductive for him for potential clients are likely to avoid a lawyer with a
reputation of suing his clients.

Question No. 14

Judge Silva upon seeing a reckless tricycle driver almost hitting a boy by the
side of the road gave chase and stopped the tricycle. Judge Silva then confiscated
the driver’s license and told him to get it from his office. Was the conduct of Judge
Salva proper?” (5%).

Answer:

The facts are akin to those in Paguirigan v. Clavano (61 SCRA 411 (1074),
where the Supreme Court held:

While respondent might have been motivated by a spirit of civicism in

cooperating with the city authorities in the enforcement of traffic rules and
regulations, the arrest of errant motor vehicle drivers and the confiscation of their
licenses are essentially police functions which are specifically vested by law upon
law enforcement officers of the government. Respondent as Judge of the City
Court will necessarily hear and decide all cases filed in his court regarding such
violations and infractions of the Motor Vehicle Law or traffic regulations by the
law enforcement officers. It is patent, therefore, that respondent should not have
taken upon himself the responsibility of confiscating the license of the motor cab
driver but he should have referred the matter to the police. We deemed it relevant
to emphasize that the official conduct of a judge should be free from impropriety
or any appearance thereof. His personal behaviour in the performance of his
official duties and in his everyday life should be beyond approach. By confiscating
the driver’s license without issuing any traffic Violation Report (TVR) and losing
the same while in his possession, respondent Judge has acted in ), a barangay
captain manner unbefitting his high judicial office.
 2000 BAR EXAMINATION

Question No. 1

X was indicated for murder. As he had no counsel on arraignment, the trial

court appointed Atty. A. His counsel de officio. When Atty. A asked X what was
his stand, X said he was guilty. X thereupon pleaded guilty. X thereupon pleaded
guilty. Trial was thereafter conducted. When the turn of the defence to present
evidence came, Atty. A manifested that he was not presenting and that he was
submitting the case for decision, praying that X’s plea be considered mitigating.
Did Atty. A’s assistance or conduct approximate the competence and diligence
which the Code of Professional Responsibility expected of him? Explain. (5%).

Answer:

No. It is the duty of defence counsel when his client desires to enter a plea of
guilty to fully acquaint himself with the facts and surrounding circumstances of the
case, advise his client of his constitutional rights and the full import of a plea
guilty, see to it that the precise degree of his client’s culpability is established and
the appropriate penalty is imposed, and thus leave no room for doubt that there was
a mistake or misunderstanding as to the nature of the charges to which his client
had pleaded guilty. Atty. A has fallen short of his required conduct.

Question No. 2

D was charged with estafa by C before the barangay for misappropriating

the proceeds of sale of jewelry on commission. In settlement of the case , D turned
over to the barangay captain, a lawyer, the amount of P2,000.00 with the request
that the barangay captain turn over the money to C. Several months passed without
C being advised of the status of her complaint. C contacted D who informed her
that she (D) had long before turned over the amount of P2,000.00 to the barangay
captain who undertook to give the money to her (C). C thus filed a case against the
barangay captain who at once remitted the amount of P2,000.00 to C. May the
barangay captain be faulted administratively?

Answer:

Yes. The Code of Professional Responsibility applies to lawyers who are in

the government service. As a general rule, a lawyer who holds a government office
may not be disciplined as a member of the bar for misconduct in the discharge of
his office as a government official. However, if that misconduct as a government
official is of such character as to affect his qualification as a lawyer or to show
moral delinquency, then he may be disciplined as a member of the bar on such
ground (Dinsay v. Cioco, 264 SCRA 703 (1996). In the case of Penticostes v.
Ibanez, SCRA 281 (1999), a barangay captain who failed to remit for several
months the amount given to him for payment of an obligation, was found to have
violated the Code of Professional Conduct.

Question No. 3

A town mayor was indicted for homicide through reckless imprudence

arising from a vehicular accident. May his father-in-law who is a layer and a
Sangguniang Panlalawigan member represent him in court? Reason. (5%).

Answer:

Yes. His father-in-law may represent him in court. Under the Sanggunian
may engage in the practice of law, except in the following: (1) they shall not
appear as counsel before any court in any civil case where in a local government
unit or any office, agency or instrumentality of the government is the adverse
party; (2) they shall not appear as counsel in any criminal case where in an officer
or employee of the national or local government is accused of an offense
committed in relation to his office; (3) they shall not collect any fee for their
appearance in administrative proceedings including the local government unit of
which he is an official; and (4) they shall not use property and personnel of the
government except when the Sanggunian member concerned is defending the
interest of the government. In this case, the town mayor was indicated for homicide
through reckless imprudence, an offense that is not related to his office.

Question No. 4

Atty. A was found guilty of indirect contempt by the Regional Trial Court
and summarily suspended indefinitely from the practice of law. Atty. A appealed
to the Supreme Court. Is his appeal meritorious? Reason. (5%).

Answer:

His appeal is meritorious. A person cannot be summarily penalized for

indirect contempt. In indirect contempt, the law requires that there can be a charge
in writing duly filed in court and an opportunity to the person charged to be heard
by himself or counsel.

Question No. 5

Atty. X filed a notice of withdrawal of appearance a counsel for the accused

Y after the prosecution rested its case. The reason for the withdrawal of Atty. X
was the failure of accused Y to affix his conformity to the demand of Atty. X for
increase in attorney’s fees. Is the ground for withdrawal justified? Explain. (5%).
Answer:

The ground for withdrawal is not justified. Rule 22.01 (e) of the Code of
Professional Responsibility provides that a lawyer may withdraw his services when
the client deliberately fails to pay the fees for his services or fails to comply with
the retainer agreement. In this case, the client has not failed to pay the lawyer’s
fees or to comply with the retainer agreement. He has only refused to agree with
the lawyer’s demand for an increase in his fees. It is his right to refuse; that is part
of his freedom of contract.

Question No. 6

C filed a verified administrative complaint against Atty. D. In the course of

investigation, C presented an affidavit of desistance which she identified on the
witness stand. What course of action should the investigator take? Explain. (5%).

Answer:

The investigator should continue with the investigation. A disbarment

proceeding is sui generis, neither a civil or criminal action. As such, a desistance
by the complainant is unimportant. The case may proceed regardless of interest or
lack of interest of the complainant (Rayos-Ombac v. Rayos, 285 SCRA 93 (1998).
If the evidence on record warrants, the respondents may be suspended or disbarred
regardless of the desistance of the complaint. Of course, if the complainant refuses
to testify and the charges cannot then be substantiated, the court will have no
alternative but to dismiss the case.

Question No. 7

Atty. E entered his appearance as counsel for defendant F in case pending

before the regional Trial Court. F later complained that he did not authorize Atty. E
to appear for him. F moved that the court suspended Atty. E from the practice of
law. May the judge grant the motion? Explain. (5%).

Answer:

The judge may grant the motion. Unauthorized appearance is a ground for
suspension or disbarment (Sec. 27, Rule 138, Rules of Court).
Alternative Answer:

It depends. A lawyer’s appearance for a party without the authority of the

latter must be wilful, corrupt or contumacious in order that he may held
administratively liable therefor. But if he has acted in good faith, the complaint for
suspension will fail. (Garrido v. Quisumbing, 28 SCRA 614 (1969).

Question No. 8

a) What is a champertous contract? Is it valid? (2%)

b) Distinguish between a champertous contract and a contingent fee contract.
(3%).

Answer:

a) A champertous contract is one where the lawyer agrees to conduct the

litigation on his own account and to pay the expenses thereof, and to receive
as his fee; a portion of the proceeds of the judgement. It is contrary to public
policy and invalid because it violates the fiduciary relationship between the
lawyer and his client (Bautista v. Gonzales, 182 SCRA 151 (1990). In effect,
he is investing in the case with the expectation of making profit. The
practice of law is a profession ad not a business venture.

b) A contingent fee contract is an agreement in which the lawyer’s fee, usually

a fixed percentage of what may be recovered in the action, is made to
depend upon the success in the effort to enforce or defend the client’s right.
It is a valid agreement. It is different from champertous contract in that the
lawyer does not undertake to shoulder the expenses of the litigation.

Question No. 9

a) Define an attorney’s retaining lien. (2%)

b) G was appointed administrator of the estate of her deceased father. She
engaged the services of Atty. H as her personal counsel to represent her in
court proceedings. G later discharged the services of Atty. H. Invoking his
retaining lien, Atty. H retained documents bearing on the estate of the
decedent of the documents justified? Explain. (3%).

Answer:

a) A retaining lien is the right of an attorney to retain the funds, documents and
papers of his client which have lawfully come into his possession until his
 lawful fees and disbursements have been paid, and to apply such funds to
satisfaction thereof (Sec. 37, Rule 138, Rules of Court).

b) The retention of the documents in this case is not justified. Atty. H was the
personal counsel of G. He was not the counsel of the estate. The documents
bearing on the estate of decedent entrusted by G to him are not properties of
G but the estate which is not his client. Atty. H has no right to exercise a
retaining lien over such documents.

Question No. 10

a) State the exemption to the rule that the negligence of counsel binds the
clients. (2%).
b) Section 20, rule 18 of the Rules of Court enumerates nine (9) duties of
attorneys. Give at least three (3) of them. (3%).

Answer:

a) It is well-settled that the negligence of counsel binds the client. The

exception is where the reckless or gross negligence of counsel deprives the
client of due process of law or where its application results in the outright
deprivation of one’s property through a technicality (Salonga v. Court of
Appeals, 269 SCRA 534 (1997), or when the application of the general rule
will result in serious injustice (San Miguel Corporation v. Laguesma, 236
SCRA 595 (1994).

b) Under Section 20, rule 138, it is the duty of an attorney:

1. To maintained allegiance to the Republic of the Philippines;
2. To maintain the respect due to the courts of justice and judicial officers;
3. To counsel or maintain such actions or proceedings only as appear to him
to be just, and such defences only as he believes to be honestly debatable
under the law;
4. To employ, for the purpose of maintaining the causes confided to him,
such means only as re consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice or false statement
of fact or law.
5. To maintain inviolate the confidence, and at every peril to himself, to
preserve the secret of his clients, and to accept no compensation in
connection with his client’s business except from him with his
knowledge and approval;
 6. To abstain from all offensive personality, and to advance no fact
prejudicial to the honor or reputation of party or witness, unless required
by the justice of the cause with which he is charged;
7. Not to encourage either the commencement or the continuance of an
action or proceeding or delay any man’s cause, from any corrupt motive
or interest;
8. Never to reject, for any consideration personal to himself, the cause of
the defenceless or oppressed;
9. In the defence of a person accused of crime, by all fair and honourable
means, regardless of his personal opinion as to the guilt of the accused, to
present every defence that the law permits, to the end that no person may
be deprived of life or liberty, but by due process of law.

Question No. 11

Atty. J requested Judge K to be a principal sponsor at the wedding of his

son. Atty. J met Judge K a month before during the IBP sponsored reception to
welcome Judge K into the community, and having learned that Judge K takes his
breakfast at a coffee shop near his (Judge K’s) boarding house, Atty. J made it
appoint to be at the coffee shop at about the time that Judge K takes his breakfast.
Comment on Atty. J’s act. Do they violate the Code of Professional
Responsibility? (5%).

Answer:

Yes, his actions violate the Code of Responsibility. Canon 13 of the said
Code provides that lawyer shall relay upon the merits of his cause and refrain from
any impropriety which tend t influence, or gives the appearance of influencing the
court. Rule 13.03 of the same Code provides that a lawyer shall not extend extra
ordinary attention or hospitality to, nor seek opportunity for, cultivating familiarity
with judges, Atty. J obviously sought opportunity for cultivating familiarity with
Judge K by being at the coffee shop where the latter takes his breakfast, and is
extending extraordinary attention to the judge by inviting him to be a principal
sponsor at the wedding of his son.

Question No. 12

M was criminally charged with violation of a special law. He tried to engage

the services of Atty. N. Atty. N believed, however that M is guilty on account of
which he declined. Would it be ethical for Atty. N to decline? Explain. (5%).
Answer:

It would not be ethical for Atty. N to decline. Rule 14.01 of the Code of
Professional Responsibility provides that a lawyer shall not decline to represent a
person solely on account of the latter’s race, sex, creed or status of life, or because
of his own opinion regarding the guilt of said person. It is for the judge, not the
lawyer, to decide the guilt of the accused, who is presumed to be innocent until his
guilt is prove beyond reasonable doubt by procedure recognize by law.

Question No. 13:

In a pending labor case, Atty. A files a Position Paper on behalf of his client,
citing a Supreme Court case and quoting a portion of the decision therein which he
stated reflected the ratio decidendi. However, what he quoted was not actually the
Supreme Court ruling but the argument of one of the parties to case. May Atty. A
be faulted administratively? Explain. (5%).

Answer:

Yes, he may be faulted administratively. A lawyer owes candor, fairness and

good faith to the court Rule 10.02 of the Code of Professional Conduct expressly
provides that a lawyer shall not knowingly misquote or misrepresent the contents
of a paper, the language or the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite as law a provision already rendered
inoperative by repeal or amendment, or assert as a fact that which has not been
proved. To cite an argument of one of the parties as a ratio decidendi of a Supreme
Court decision shoes, at least, lack of diligence on the party of Atty. A.
(Commission on Election v. Noynoy, 292 SCRA 254 (1998).

Question No. 14:

Before he joined the bench, Judge J was a vice-mayor. Judge J resumed

writing weekly column in a local newspaper. In his column, Judge J wrote:

“I was wondering if the present vice-mayor can shed off his crocodiles hide
so that he can feel the clamor of the public for the resignation of hoodlum public
officers of which he is one.”

When charged administratively, Judge J invoked freedom of expression. Is

his defence tenable? Explain. (5%).

Answer:
 The judge’s reliance on freedom of expression is untenable. The judge’s
vicious writings compromise his duties as judge in the impartial administration of
justice. His writings lack judicial decorum which requires the use of temperate,
language at all times. The judge should not instigate litigation (Galang v. Santos,
307 SCRA 583 (1999), Royeca v. Animas, 71 SCRS (1976).

Question No. 15:

In a contentious transaction of sale and purchase involving real property

between X (seller) and Y (Purchaser), whose interests were diametrically opposed
to each other, Atty. Z with the knowledge and consent of X and Y, acted as the
attorney for both parties. Did Atty. Z commit malpractice? Explain. (5%).

Answer:

Rule 15.03 of Code of Professional Responsibility provides that a lawyer

shall not represent conflicting interest except by written consent of all concerned
given after a full disclosure of the facts. In this case, although Atty. Z acted as
lawyer for both X and Y with the knowledge an consent of both, such consent was
made in writing, Atty. Z may be held liable for malpractice.

Alternative Answer:

In case of In Re: Dela Rosa, 27 Phil. 258 (1914), the Supreme Court held
that where a lawyer acted as attorney for both a vendor and a purchaser, whose
interest wee diametrically opposed to each other, but either the knowledge and
consent of both parties, this did not constitute malpractice under the law. Neither
party was deceived by the lawyer, and neither one suffered involuntary damages by
reason of his action. Nevertheless, the lawyer’s conduct constituted a practice
severely to be condemned.

Question No. 16:

Before his appointment to the judiciary, Judge K was the administrator of

the estate of his second cousin. After joining the judiciary, could Judge K continue
to be the administrator? Explain. (5%).

Answer:

No, Judge K may no longer continue to be the administrator of the estate of

his second cousin. Rule 5.06 of the Code of Judicial Conduct provides that: “(a)
judge should not serve as the executor, administrator, trustee, guardian, or other
fiduciary, except for the estate, trust, or person of a member of the immediate
family, and then only if such service will not interfere with the proper performance
of judicial duties. “Member of immediate family shall be limited to the spouse and
relatives within the second degree of consanguinity.” A second cousin is not a
relative within the second degree of consanguinity.

2002 BAR EXAMINATIONS

Question 1:

A. After reading the decision against his client Jose Kapuspalad, Atty. Calmante
was convinced that it had a reasonable basis and that he would have difficulty
obtaining a reversal. For this reason. Atty. Calmante did not appeal. When Jose
learned about the judgment against him, he blamed Atty. Calmante for not taking a
timely appeal and filed an administrative complaint for negligence against the
latter. Decide the case.

B. What is a lawyer’s duty if he finds that he cannot honestly put up a valid or

meritorious defense but his client insist that he litigate? Explain?

Answer:

A. I would rule in favor of Jose Kapuspalad. (In Reontoy v. Ibadit 285 SCRA 88
1988). The Supreme Court found a lawyer to negligent for falling, first of all, to
notify his client about the adverse decision and secondly for failing to file an
appeal in belief that such appeal would be useless. He thus deprived his client of
his right to appeal. If a lawyer cannot contact his client at once after receiving the
adverse decision, the prudent step for him to take is to file a notice of appeal, and
withdraw it afterwards if his client should decide against the appeal. It is the
client’s decision whether or not to appeal.

B. It depends. If it is a criminal case, he may not decline to represent the accused

solely on his opinion regarding the guilt of the person ( Rule 14.01 Code of
Professional Responsibility).The Supreme Court has held that a counsel de officio
has the duty to defend his client no matter how guilty he perceives him tobe(People
v. Nadera Jr. 324 SCRA 490). But if the case is a civil case, he should decline to
accept the same. In a civil action, the rules and ethics of profession enjoin a lawyer
from taking a bad case. The attorney’s signature in every pleading constitutes a
certification that there is a good cause to support it and that it is not imposed to
delay. It is the attorney’s duty to counsel or maintain such actions or proceedings
only as appear to him to be just and such defenses only as he believes to be
honestly debatable under the law.

Question 2:

Raul Catapang, a law graduate and vice-president for labor relations of XYZ Labor
Union, entered his appearance as representative of a member of the union before
the Labor Arbiter in a case for illegal dismissal, unpaid wages and overtime pay.
Counsel for the Company objected to Raul’s appearance and move for his
disqualification on the ground that he is not a lawyer. If you were the Labor
Arbiter, how would you resolve the motion?

Answer:

I will deny the motion to disqualify Raul Article. 222 of the Labor Code authorizes
non-lawyers to appear before the National Labor Relations Commission or any
Labor Arbiter in representation of their organization or members thereof.

Question 3:

Determine whether the following advertisements by an attorney are ethical or

unethical as the case maybe, opposite each letter and explain.

A. A calling card 2x2 in size, bearing his name in bold print, office, residence
and email addresses, telephone and facsimile numbers?
B. A business card 3x4 in size, indicating the aforementioned data with his
photo 1x1 in size.
C. A pictorial press release in a broadsheet newspaper made by the attorney
showing him being congratulated by the president of a client corporation for
winning a multimillion damage suit against the company in the Supreme
Court.
D. The same press release made by his client in a tabloid.
E. A small announcement in BALITA, a tabloid in Filipino, that the attorney is
giving free legal advice for September 2002.
Answer:

A. Ethical- a lawyer in making his legal services, shall use only true, honest,
fair, dignified and objective information or statement of facts. (Canon 3
Code of Professional Responsibility).
B. Unethical- the size of the card and the inclusion of the lawyer’s photo in it
smacks of commercialism.
C. Unethical- a lawyer should not resort to indirect advertising such as
procuring his photograph to be published in a newspaper in connection with
a case he is handling. He should not pay or give something of value to
representatives of the mass media in anticipation of, or return for publicity to
attract legal business (Rule 3.04 Code of Professional Responsibility).
D. Ethical- The lawyer can no longer be held responsible for the action of his
client. However, it would be unethical if he knew that his client’s intention
to publish it and not to stop it.
E. Unethical- the announcement in a newspaper that he will give free legal
advise to the indigent, is a form of self-praise (In Re Tagorda).

Question 4:

A. State the rule on whether a client is bound by mistake.

B. On account of his mistake, is counsel liable to his client for damages?

Answer:

A. A client is bound by the mistakes of his lawyer( Cabales vs Nery 94 SCRA

374 San Miguel Corporation vs Ledesma 236 SCRA 596)
B. A lawyer shall not neglect a legal matter entrusted to him and his negligence
in connection therewith shall make him liable ( Rule 18.03 Code of
Professional Responsibility). A client who suffers prejudice by reason of his
counsel’s inexcusable negligence in the discharge of his duty may file an
action for damages against him. However, there must be a showing that had
the lawyer exercised due diligence, the client under the facts and the law
would have succeeded in recovering from the adverse party or in resisting
the claim of latter.
Question 5:

On June 28, 2001, RJ filed with the Supreme Court a petition for prohibition, with
a prayer for temporary restraining order/ preliminary injunction, to forestall his
removal as chairman and general manager of a government agency, He believed he
had a fixed term until January 31, 2004, but there were indications that the new
President would replace him. As he had apprehended, an Administrative Order was
issued by the Chief Executive

On July 2, 2001 recalling RJ’s appointment, shortly thereafter, PT was appointed

to the position in question.

On July 3, 2001 RJ filed a motion to withdraw his petition, on the same day,
without waiting for the resolution of his motion; he filed another petition with the
Regional Trial Court seeking to prevent his removal as chairman and general
manager of the government agency. On July 8, 2001 his motion to withdraw the
first petition was granted by the Supreme Court without prejudice to his liability, if
any for contempt for engaging in forum shopping.

A. Is he guilty of forum shopping?

B. Give three Instance of forum shopping?

Answer:

A. RJ is guilty of forum shopping . Forum Shopping is the practice of filing

Multiple actions from the same cause of action ( Rule 12.02 of the Code of
Professional Responsibility). It is clear that RJ’s petition for prohibition was
still pending in the Supreme Court while he filed the same petition in the
Regional Trial Court. He should have waited first for the resolution of his
motion to withdraw before filing the second petition because he cannot
assume that the motion will be granted.
B. Instances of Forum Shopping:
1. When, as a result of an adverse opinion in one forum, a party seeks a
favorable opinion(other than appeal or certiorari) in another .
2. When he institutes two or more actions or proceeding grounded by a same
cause of action, on the gamble that one or more court would make a
favorable decision.
3. Filing a second suit in a court without jurisdiction.
 4. Filing an action is still pending in an administrative proceeding
5. When counsel omits to disclose the pendency of an appeal, in filing a
certiorari case.

Question 6:

Atty. CJ handled the case for plaintiff GE against defendant XY. In an action for
damages, Judgment was rendered for plaintiff GE. When a writ of execution was
issued,

The sheriff levied on a 400 square meter lot of defendant XY. Pursuant to their
contingent fee contract, plaintiff GE executed a deed of assignment in favor of
Atty. CJ of one-half the lot. Atty. CJ accepted the assignment.

A. Is the Contract for contingent fee valid?

B. Did Atty. CJ commit any violation of the Code of Professional
Responsibility?

Answer:

A. A contract for contingent fee is a contract wherein the attorney’s fee, usually
a percentage of what may be recovered in the action, is made to depend upon
the success of the lawyer in enforcing or defending his clients right it is a
valid contract, unlike a champertous contract which is invalid because the
lawyer undertakes to shoulder the expenses of the litigation. However the
amount of the fee agreed upon maybe reduced by the courts should it be
unconscionable or if necessary. 50% of what the client may recover may or
may not be unconscionable depending on the factors to be considered in
determining the reasonableness of an attorney’s fee.

B. In the case of Daroy vs Abecia 298 SCRA 239 the Supreme Court ruled that
the assignment to a lawyer of a portion of the property levied on by the
sheriff for the satisfaction of a judgment in favor of his client does not
violate Article 1491 of the New Civil Code, If the property was not involved
in litigation handled by the lawyer. In this case, since the action held by
Atty.CJ was for damages, the property was not apparently involved in the
litigation. Hence, his acquisition of the 50% of the same is ethical.
Question 7:

A. May a lawyer decline a request for free legal aid to an indigent accused
made by a chapter of the Integrated Bar of the Philippines?
B. Will your answer be different if the legal aid is requested in a civil case?

Answer:

A. Rule 14.02 of the Code of Professional Responsibility provides that “a

lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de officio or as amicus curiae or a request from the
Integrated Bar of the Philippines or any of its chapter for rendition of free
legal aid. He may, decline such appointment for serious and sufficient cause.
For example, he may decline if such appointment will involve conflict of
interest with another client.
B. My answer will not be exactly the same, because in a civil case, the lawyer
can also decline if he believes the action or defense to be unmeritorious. He
is ethically bound to maintain only actions and proceedings which appear to
him to be just and only such defenses which he believes to be honestly
debatable under the law.

Question 8:

Six months ago, Atty. Z was consulted by A about a four –door apartment in
Manila left by her deceased parents. A complained that her two siblings B and C,
who were occupying two units of the apartment were collecting the rentals from
the other two units and refusing to give her any part thereof. Atty. Z advised A to
first seek the intervention of her relatives and told her that, if this failed he would
take legal action as A asked him to do. Today September 22, 2002 B asks Atty. Z
to defend him in a suit brought by A against him (B) and C through another
counsel.

A. Should Atty. Z accept the case? Why?

B. Should Atty. Z tell B that A consulted him earlier about the same case?

Answer:

A. Atty. Z should not accept the case. When A consulted him about his
complaint against B and C, a lawyer and client relationship was established
between A and Atty. Z. He cannot subsequently represent B against A in a
 matter he was consulted about. This constitutes conflict of interest. It does
not matter if Atty. Z is not handling the case for A.
B. Rule 21.07 of the Code of Professional Responsibility provides that a lawyer
shall not reveal that he has been consulted about a particular case except to
avoid possible conflict of interest. In this case, he has to reveal to B that he
had been consulted by A on the case that B if offering to retain his services,
in order to avoid a possible conflict of interest.

Question 9:

When a proceeding for disbarment case is considered sui generis?

Answer:

A disbarment proceeding is considered sui generis or a class by itself, because of

the following reason:

1. It is neither civil nor a criminal proceeding;

2. Double Jeopardy cannot be availed of as a defense;
3. It can be initiated motu proprio by the Supreme Court or by the IBP;
4. It can proceed regardless of conflict of interest or lack of interest of the
complainant
5. It is imprescriptible;
6. It is confidential
7. It is in itself due process.

Question 10:

Atty. N had an extramarital affair with O, a married woman as a result which begot
a child, P. Atty. N admitted paternity of the child P and undertook support him. On
the basis of this admission, Is Atty. N subjected to the disciplinary action of the
Supreme Court. Why?
Answer:

Yes, In the case of (Tucay vs Tucay 318 SCRA 229). The Supreme Court held
that the finding that a lawyer had been carrying on an illicit affair with a married
woman is grossly immoral conduct and only indicative of an extremely low regard
for the fundamental ethics of the profession.

Question 11:

Atty. LA is a member of the Philippine Bar and the California Bar in the United
States. For willful disobedience of a lawful order of a Superior Court in Los
Angeles, Atty. LA was suspended from the practice of law in California for one (1)
year.

May his suspension abroad be considered a ground for disciplinary action against
Atty. La in the Philippines?

Answer:

The suspension of Atty. LA from the practice of law abroad maybe considered as a
ground for disciplinary action here if such suspension was based on one of the
grounds for disbarment in the Philippines or shows a loss of his good moral
character, a qualification he has to maintain in order to remain a member of the
Philippine Bar.

Question 12:

Atty. BB borrowed P 30,000 from EG to be paid in six months. Despite the

reminders from EG, Atty. BB failed to pay the loan on its due date. Instead of
suing in court EG lodged a complaint for failure to pay just debt against Atty. BB.
The chapter secretary endorsed the matter to the Commission on Bar Discipline. A
Commissioner of the CBD issued an order directing Atty. BB to answer the
complaint against him but latter ignored the order. Another was issued for the
parties to appear before the Commissioner at a certain date and time but only EG
showed up. A third order submitting the case for resolution was likewise ignored
by Atty. BB.
 A. May Disciplinary Action be taken against Atty. BB for his failure to pay the
loan? Why?
B. Was Atty. BB justified in ignoring the orders of the Commission on the
ground that the Commission had no power to discipline him for the acts
done in private capacity? Why?

Answer:

A. In the case of Toldedo vs Abalos 315 SCRA 419 the Supreme Court held
that a lawyer may not be disciplined for failure to pay her loan obligation.
The remedy is to file an action for collection against her in the regular
courts. However, unwarranted obstinacy in evading the payment of debt has
been considered as gross misconduct. (Constantino vs. Saludares 228 SCRA
233)
B. Atty. BB is not justified in ignoring the orders of the Commission on Bar
Discipline. In doing so, he violated his oath of office for disobeying orders
of duly constituted authority.

Question 13:

In an extrajudicial settlement of the estate of the late Juan Mayaman, the heirs
requested Judge Maawain, a family friend, to go over the document prepared by a
new lawyer before they signed it. Judge Maawain agreed and even acted as an
instrumental witness.

Did Judge Maawain engage in the unauthorized practice of law?

Answer:

Section 35, Rule 138 of the Revised Rules of Court and Rule 5.07 of the Code of
Judicial Conduct prohibit a judge from engaging in the private practice of law as a
member of the bar giving professional advice to the clients. In the case of (De
Castro vs Capulong, 118 SCRA 5) the Supreme Court Ruled that a judge who
merely acted as a witness to a document and who explained to the party waiving
his rights of redemption over the mortgaged property and the consequence thereof,
does not engage himself in the practice of law. This appears to be more applicable
to the case of Judge Maawain. He did not give professional advice in anticipation
of litigation. He was just asked to review was a deed of extrajudicial settlement of
estate. He signed merely as an instrumental witness and not as a legal counsel.
Question 14:

The family of Judge Matrabaho owns a small department store. With his
knowledge, an employee of the store posted on the bulletin board of his court an ad
for job openings informing the public that applications must be filed in the office
of the judge. For this purpose, the applicants would also be interviewed therein. Is
the judge liable for misconduct?

Answer:

The judge is liable for misconduct. In the case of (Dionisio vs Escano, 302 SCRA
411). The Supreme Court held that the acts of posting advertisements for restaurant
personnel on court bulletin board, using his court address to receive applications,
and of screening applicants in his court, institute involvement in private business
and improper use of court facilities for the promotion of family business is in
violation of the Code of Judicial Conduct. The Restriction Enshrined in Rules 5.02
and 5.03 of the Code of Judicial Conduct on judges which regards their own
business interests is based on the possible interference which may be created by
their business involvements in the exercise of their judicial duties corrodes the
respect and dignity of the courts as a bastion of justice. Judges Must not allow
themselves to be distracted from performance of their

Judicial tasks by other lawful enterprises.

Question 15:

While Miss Malumanay, a witness for the plaintiff, was under cross examination,
Judge Mausisa asked questions alternately with the counsel for the defendant.
After four questions by the judge, the plaintiff’s counsel moved that the judged
refrain from asking further questions which tended to favor the defense and leave
the examination of the witness to the defendants counsel, who was a new lawyer.
The Judge explained that he was entitled to ask searching questions.

A. Is the motion tenable?

B. Can the judge justify his intervention how?
Answer:

A. It depends Rule 3.06 of the Code of Judicial Conduct provides that while a
judge may, to promote justice, prevent waste of time or clear up some
obscurity, he may properly intervene in the presentation of evidence during
the trial. But it should always be borne in mind that undue interference may
prevent the proper presentation of evidence of the cause or the ascertainment
of the truth. Thus, if in asking four questions alternately with counsel for
defendant, Judge Mausisa was only trying to clear up some obscurity. He
cannot be accused of undue interference. But if his searching questions were
such as to give impression that is already acting as counsel for the defendant
that is the time it is improper.
B. The judge can justify his intervention on any of the grounds mentioned by
the rule to promote justice avoid waste of time or clear up obscurity.

2004 BAR EXAMINATIONS

Question 1:

Under the Code of Professional Responsibility what are the principal obligations of
a lawyer towards:

A. The legal profession and the Integrated Bar of the Philippines?

B. His professional colleagues?
C. The development if the legal system?
D. The administration of justice?
E. His client?

Answer:

A.

A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND

DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE
ACTIVITIES OF THE INTEGRATED BAR (Canon 7 Code of Professional
Responsibility).

B.
 A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS
AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST OPPOSING
COUNSEL.(Canon 8 Code of Professional Responsibility).

C.

A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE

LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE(Canon 4 Code of Professional Responsibility).

A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,

PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS,
SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW
SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING INFORMATION
REGARDING THE LAW AND JURISPRUDENCE. (Canon 5 Code of
Professional Responsibility).

D.

A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE

LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE. (Canon 4 Code of Professional Responsibility).

A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS

DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION
OF JUSTICE. (Canon 12 Code of Professional Responsibility).

E.

A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN

ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. (Canon
15 Code of Professional Responsibility).

Question 2:

In the course the judicial proceeding , a conflict of opinions as to particular legal

course of action to be taken arose between AB and CD, two lawyers hired by MR
XX, a party litigant, to act jointly as his counsel.

How should such problem be resolved, and whose opinion should prevail?
Answer:

When lawyers jointly associated in a cause cannot agree as to any matter vital
to the interest of the client, the conflict of opinion should be frankly stated to
him for final determination. His decision should be accepted unless the nature
of the difference make it impracticable for the lawyers whose judgment has
been overruled to cooperative effectively, In this event, it is his duty to ask his
client to relieve him (Canon 7 Code of Professional Responsibility).

Question 3:

On the eve of the initial hearing for the reception of evidence for defense, the
defendant and his counsel had a conference where the client directed the lawyer to
present as principal defense witness two persons whose testimonies were
personally known to the lawyer to have been perjured. The lawyer informed his
client that he refused to go with the unwarranted course of action proposed by the
defendant. But the client insisted on his directive, or else he would not pay the
agreed attorney’s fees.

When the case was called for hearing the next morning, the lawyer forthwith
moved in open court that he be relieved as counsel for defendant. Both the
defendant and the plaintiff’s counsel objected the motion.

A. Under the facts given, is the defense lawyer legally justified in seeking
withdrawal to the case?
B. Was the motion for relief as counsel made by the defense lawyer in full
accord with the procedural requirements for a lawyer’s withdrawal from a
court case?
Answer:

A. Yes, he is justified, under Rule 22.01 of the Code of Professional

Responsibility; a lawyer may withdraw his services “If the client insists that
the lawyer pursue a conduct violating the canons and rules in the Code of
Professional Responsibility. The insistence of the client that the lawyer
present witnesses whom he personally knows to have perjured, will exposed
him to criminal and civil liability and violate his duty of candor fairness and
good faith to the court.
B. No, his actuation is not in accord with the procedural requirements for the
lawyer’s withdrawal from the court case, he cannot just do so and leave the
client in the cold unprotected. He must serve a copy of his petition upon the
 client and the adverse party. He should moreover, present his petition well in
advance of the trial of the action to enable the client to secure the services of
another lawyer.

Question 4:

Upon opening the session of his court, the Presiding Judge noticed the presence of
television cameras set up at strategic places in his courtroom and the posting of
media practitioners all over the sala with their video cameras. The Judge forthwith
issued an order directing the exclusion from the courtroom of all television
paraphernalia and further instructing the reporters inside the hall not to operate
their “video cams” during the proceedings. The defense lawyers objected to the
courts order, claiming that it was in violation of their client’s right to a public trial.

A. In issuing the questioned order, did the Judge act in violation of the rights of
the accused to a public trial?
B. Did the Judge act in derogation of the press freedom when he directed the
exclusion of the television paraphernalia from the courtroom and when he
prohibited the news reporters in the courtroom from operating their video
cams during the court proceedings?

Answer:

A. No, the Judge did not violate the right of the accused to a public trial. A trial
is public when anyone interested in observing the manner a judge conducts
the proceedings in his courtroom may do so (Garcia vs Domingo 52 SCRA
143). There is to be no ban on the attendance. In the question given, the
judge did not bar the attendance, only the use of television paraphernalia and
video cameras.
B. No, pressed freedom was never transgressed. The serious risks posed to the
fair administration of justice by live TV and Radio broadcast, especially
when emotions are running high on issues stirred by the case, should be
taken into consideration before addressing the issue of press freedom. The
right of the accused to a fair trial, not by trial by publicity takes precedence
over press freedom as invoked by TV Reporters in the case (Perez vs Estrada
365 SCRA 62).

In considering the premise of the judge, He did not act in derogation of press
freedom. In an En Banc Resolution dated October 23, 1991 Re: Live TV and
Radio coverage of the Hearing of President Corazon C. Aquino’s libel case

The Supreme Court ruled:

 Considering the Prejudice it poses to the defendants right to due process as
well as to a fair and orderly administration of justice, and considering further
that freedom of the press and the right of the people to information may be
served and satisfied by less distracting, degrading and prejudicial means,
live radio and television coverage of court proceedings shall not be allowed.
Video footages if court hearings for news purposes shall be restricted to
shots of the courtroom, the judicial officers, the parties and their counsel
prior to the commencement of official proceedings. No video shots or
photographs shall be permitted during the trial proper.

Question 5:

Primo, Segundo and Tercero are co-accused in the information charging them with
the crime of homicide. They are respectively represented by Atty. Juan Uno, Jose
Dos and Pablo Tres. During the pre-trial conference, Attys. Uno and Dos
manifested to the court that their clients’ are invoking an alibi as their defense.
Atty. Tres made it known that Primo and Segundo actually perpetrated the
commission of the offense charged in the information.

In one hearing during the presentation of the prosecution’s evidence in chief, Atty.
Uno failed to appear in court. When queried by the Judge if accused Primo is
willing to proceed with the hearing despite his counsel’s absent, Primo give his
consent provided that Atty. Dos and Tres would be designated as his joint counsel
de officio for that particular act as counsel de officio of accused Primo only for
purposes of the scheduled hearing.

Atty. Dos accepted the designation but Atty. Tres Refused.

A. Is there any impediment to Atty. Dos acting as counsel de officio for

accused Primo?
B. May Atty. Tres legally refuse his designation as counsel de officio

Answer:

A. There is no impediment to Atty. Dos acting as counsel de officio for accused

Primo. There is no conflict of interest involved between Primo and his client
Segundo; considering that both are invoking an alibi as a defense.
 B. Atty. Tres may legally refuse his designation as counsel de officio for
accused primo. Since the defense of his client Tercero is that of Primo and
Segundo actually perpetrated the offense which they are all charged, there is
a conflict of interest if there is consistency in the interests of two or more
opposing parties. The test is whether or not in behalf of one client it is the
duty to oppose it for other client (Canon 6 Code of Professional
Responsibility).

Question 6:

A. Atty. DD services were engaged by Mr. BB as defense counsel in a lawsuit,

In the course of the Court Proceedings, Atty. DD discovered that Mr. BB
was an Agnostic and a homosexual. By a reason thereof Atty.DD filed a
motion to withdraw as counsel without Mr. BB’s express consent.

Is Atty. DD’s motion legally tenable?

B. Assume that your friend and colleague, Judge Peter Mahinay. A Regional
Trial Court stationed at KL city, would seek your advice regarding his
intention to ask the permission of the Supreme Court to act as counsel for
and thus represent her wife in the Regional Trial Court of Appari, Cagayan

What would be your advice to him?

Answer:

A. No, Atty. DD’s motion is not legally tenable. He has no valid cause to
terminate his services. His client, Mr. BB, being an agnostic and
homosexual, should not be deprived of his counsel’s representation solely
for that reason. A lawyer shall not decline to represent a person solely on
account of the latter’s race, sex, creed or status of life or because of his own
opinion regarding the guilt of the person(Canon 14 Rule 14.01 Code of
Professional Responsibility).
B. I will advise him against it. Rule 5.07 of the Code of Judicial Conduct
expressly and absolutely prohibits judges from engaging in the private
practice of law, because of the incompatible nature between duties of a
lawyer and a judge. Moreover as a Judge he can influence to a certain extent
the outcome of the case even if it is with another court. A judge shall refrain
from influencing in any manner the outcome of litigation or dispute pending
before another court or administrative agency(Rule 2.04 Code of Judicial
Conduct).
Question 7:

A. Upon learning from newspaper reports that bar candidate Vic Pugote passed
the bar examinations, Miss Adorable immediately lodged a complaint with
the Supreme Court. Praying Vic Pugote be disallowed from taking the oath
as a member of the Philippine Bar because he was maintaining illicit
relationship with several women other than his lawfully wedded spouse,
however from unexplained reasons, he succeeded to take his oath as a
lawyer. Later, when confronted with Miss Adorable’s complaint formally;
Pugote moved for the dismissal of the case on the ground of it being moot
and academic.

Should Miss Adorable’s, complaint be dismissed or not?

B. Alleging that Atty. Malibu seduced her when she was sixteen years old,
which resulted in her pregnancy and the birth of a baby girl, Miss Magayon
filed a complaint for his disbarment seven years after the alleged seduction
was committed. Atty. Malibu contended that considering the period of delay
that the complaint was file. It can no longer be entertained much less
prosecuted since the offense already prescribed.

Is Atty. Malibu’s contention tenable?

Answer:

A. It should not be dismissed. Her charge involves a matter of good moral

character which is not only a requisite in the admission to the Bar, but also a
continuing condition for remaining a member to the Bar. As such admission
of Vic Pugote to the Bar does not make it moot and Academic.
B. Atty. Malibu’s contention is not tenable. Disciplinary proceedings are Sui
Generis. They are neither civil nor criminal proceedings. Its purpose is not to
punish the individual lawyer but to safeguard the administration of justice by
protecting the court and the public from the misconduct of lawyers and to
remove from the profession of law persons whose disregard of their oath of
office proves them unfit to continue discharging the trust reposed in them as
members of the bar. Disbarment is imprescriptible. Unlike ordinary
proceedings, it is not subject to the defense of prescription. The ordinary
statute of limitations has no application to disbarment proceedings ( Calo vs
Degamo 20 SCRA 1162).

Question 8:
 A. A disbarment complaint against a lawyer was referred by the Supreme Court
to a Judge of the Regional Trial Court for investigation, report and
recommendation. On the date set for the hearing of the complaint, the Judge
had the case called for trial in open court and proceeded to receive evidence
for the complainant, the Judge receive evidence for the complaint. What
would you have done if you were the counsel for the respondent lawyer,
why?
B. Atty. Jarazo filed a civil suit for damages against his business. Associates.
After due trial, Judge Dejado rendered the judgment, dismissing Atty. Jarazo
complaint. Thereby rendering the judgment final and executory. Thereafter
Atty. Jarazo filed a criminal complaint accusing Judge Dejado of rendering a
manifestly unjust judgment before the office of the Ombudsman. Will Atty.
Jarazo’s complaint against Judge Dejado prosper?

Answer:

A. I would object to the holding of a trial in public. Disciplinary proceedings

against an attorney are confidential in nature until its termination. The
professional success of a lawyer depends almost entirely on his good
reputation. If that is tarnished, it is difficult to restore the same. To avoid the
unnecessary ruin of a lawyers name, disbarment proceedings are directed to
be confidential until their final determination.(Sec. 18 Rule 139-B Rules of
Court).
B. Atty. Jarazo complaint will not prosper. The rule is that before a civil action
or criminal action against a judge for violating Art.204 of the revised penal
code(knowingly rendering an unjust judgment) can be entertained, there
must be a final and authoritative declaration that the decision is indeed
unjust( De Vera vs Pelayo 355 SCRA 281). By not appealing the decision of
Judge Dejado to a higher court, Atty. Jarazo cannot prove that there is an
authoritative and final declaration that the said decision is unjust. Thus his
criminal complaint will not prosper.

Question 9:

A. Judge Aficionado was among the several thousands of spectators watching a

basketball game at the Rizal Memorial Coliseum who saw the stabbing of
referee Maykilling by player Baracco in the course of the game. The
criminal case correspondingly filed against Baracco for stabbing of
Maykilling was raffled to the Regional Trial court branch presided by Judge
Aficionado. Should the Judge sit in Judgment over and try the case against
Baracco?
B. Atty. Walasunto has been a member of the Philippine Bar for twenty years
but has never plied his profession as a lawyer. His sole means of livelihood
is selling and buying real estate. In one of the transactions as a real estate
broker, he issued a bouncing check. He was criminally prosecuted and
subsequently convicted violating B.P. 22. In the disbarment proceedings
filed against him, Atty. Walasunto contented that his conviction for violation
of B.P. 22 was not a valid ground for disciplinary action against a member
of the bar. He further argued that his act in issuing the check was done in
 relations to his calling as a real estate broker and not in the relation of the
practice of law. Are the contentions of Atty. Walasunto meritorious or not?

Answer:

A. No she should not preside over the case. Rule 3.12(a) of the Code of Judicial
Conduct provides that a judge should not take part in any proceedings where
the judge has personal knowledge of disputed evidentiary facts concerning
the same.
B. No, his contentions are not meritorious. In the first place, a ground for
disbarment is conviction of a crime involving moral turpitude( Sec. 27 Rule
138, Rules of Court) and violation of B.P. 22 is considered a crime involving
moral turpitude( People v. Tuanda, 181 SCRA 692). In the second place
Rule 7.03 of the Code of Professional Responsibility provides that a lawyer
shall not engage in conduct adversely reflects on his fitness to practice law,
nor shall he, whether in public or private life, behave in scandalous manner
to the discredit of the legal profession. Additionally Rule 1.01 of the same
Code provides that a lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.

2005 BAR EXAMINATIONS

Question 1:

1. Which of the following need not be verified?

a. Petition for Certiorari.

b. Interpleader.
c. Petition for Habeas Corpus.
d. Answer with compulsory counterclaim.
e. All pleadings under the rules of summary procedure.

2. Which of the following statement is false?

a. All administrative cases against erring Justices of the appellate courts and judges
of lower courts fall exclusively within the jurisdiction of the Supreme Court.
b. Administrative cases against erring Justice of the Court of Appeals and Sandigan
bayan,judges lawyers in the government are not automatically treated in a
disbarment case.

c.The IBP Board of governors may motu proprio or upon referral by the Supreme
Court or by a Chapter Board of Officers, or at the instance of any person, initiate
and prosecute against erring lawyers including those in government service.

d. filing of an administrative case against the judge is not a ground for

disqualification or inhibition..

3.On which of the following the lawyer is proscribed from testifying as a witness
in a case he is handling for a client.

a. On the mailing of documents

b.On authentication or custody of any instrument.

c.On the theory of the case

d. On substantial matters in cases where his testimony is essential to the ends of

justice

Answer:

1. B and D does not need to be verified

2. B is false
3. C.

Question 2:

Mike Andelantado, an aspiring lawyer, disclosed in his petition to take the 2003
bar examinations that there were to civil cases pending against him for nullification
of contract and damages. He was thus allowed to conditionally take the bar and
subsequently placed third in the said exams.

In 2004, after the two civil cases had been resolved, Mike Adelantado filed his
petition to take the lawyers oath and sign the Roll of Attorneys before the Supreme
Court. The Office of the Bar Confidant, However had received two anonymous
letters; the first alleged that the time Mike Adelantado filed his petition to take the
bar, he had two other civil cases pending against him, as well as a criminal case for
violation of B.P. 22 the other letter alleged that Mike Adelantado, as Sangguniang
Kabataan Chairperson had been signing the attendance sheets of meetings as Atty.
Mike Adelantado.

a. Having passed the bar, can Mike Adelantado already use the appellation
 Attorney?
b. Should Mike be allowed to take his oath and sign the Attorney’s Roll?

Answer:

a. No, only those who have been admitted to the Philippine Bar can be called
Attorney(Alawin vs Alauya 268 SCRA 628) Passing the bar examination is
not sufficient for admission of a person to the Philippine Bar. He still has to
take oath of office and sign the Attorney’s Roll as prerequisite for
admission.
b. No, he should not be allowed to take his oath and sign the Attorney’s
Roll(Canon 7 Rule 7.01 Code of Professional Responsibility). Provides that
a lawyer shall be answerable knowingly making a false statement or
suppressing material facts in connection with his application to the bar. Mr.
Adelantado made a false statement in his application to the bar by revealing
only that there were two pending civil cases against him, and suppressed
material facts that there was also a criminal case pending against him. This
is a sufficient ground for him to be denied admission to the Philippine Bar.
He also showed lack of good moral character in using the title attorney
before admission to the bar.

Question 3:

Atty. Kuripot was one of the Town Bank’s valued clients, In recognition of his
loyalty to the bank; he was issued a gold credit card with a limit of 250,000 php.
After two months. Atty. Kuripot exceeded his credit limit and refused to pay the
monthly charges as they fell due. Aside from collection suit,Town Bank also filed
a disbarment case against Atty. Kuripot.

In his comment on the disbarment case, Atty. Kuripot insisted that he did not
violate the Code of Professional Responsibility, since his obligation to the bank
was personal in nature and had no relation his being a lawyer.

A. Is Atty. Kuripot Correct?

B. Explain whether Atty. Kuripot should be held administratively liable for his
refusal to settle his credit card bill.
Answer:

A. Atty. Kuripot is not correct. (Canon 7 Rule 7.03 Code of Professional

Responsibility).provides that a lawyer shall not engage in conduct that
adversely affect his fitness to practice law, nor shall he, whether in public or
private life, behave in a scandalous manner to discredit the legal profession.
B. He may not be administratively liable. The Supreme Court has held that it
does not take original jurisdiction of complaints for collection of debts. The
creditor’s course of action is civil not administrative in nature and proper
 reliefs may be obtained from the regular courts ( Litigio vs Dicon 246 SCRA
9). Although lawyers have been held administratively liable for obstinacy in
evading payment of a debt. The facts given do not show obstinacy shown in
this case.

Question 4:

You had, taken your oath as a lawyer. The secretary to the president of a big
university offered to get you as the official notary public of the school. She
explained that, a lot of their student lost their identification card and is required to
secure an affidavit of loss before they can issue a new one. She claimed that it will
be lucrative for you as more than 30 students lost their identification cards every
month. However the secretary wants you to give half of your earning to the
secretary of the school.

Will you agree to the arrangement?

Answer;

No, I will not agree (Canon 9 Rule 9.02 Code of Professional Responsibility).
Provides; that a lawyer shall not divide or stipulate to divide legal service with
persons not licensed to practice law. The secretary is not licensed to practice law
and is not entitled to practice law and not entitled to a share of the fees for
notarizing affidavits, which is a legal service.

Question 5:

Judge Horacio would usually go to the cockpits on Saturdays for relaxation, as the
owner of the cockpit is a friend of his. He also goes to the casino once a week to
accompany his wife who loves to play slot machines, because of this, Judge
Horacio was administratively charged. When asked to explain, he said although he
goes to these places, he only watches and does not place bets.

Is his excuse tenable?

Answer:

The explanation of Judge Horacio is not tenable. In the case of (City of Tagbilaran
vs Hontanosas Jr 375 SCRA 1) the Supreme Court penalized a city court judge for
going to gambling casinos and cockpits on weekends. According to the court,
going to a casino violates Circular No.4, dated August 27 1980 which enjoins
judges if inferior courts from playing or being present in gambling casinos.

The prohibition refers to both actual gambling and mere presence in gambling
casinos. A judge personal behavior, not only in the performance of judicial duties,
but also in his everyday life, should be beyond reproach.

With regard to going to cockpits, the Supreme Court held that Verily it is plainly
despicable to see a judge inside a cockpit or any gambling establishments more so
to see him bet therein. It is an unbecoming of a Judge and undoubtedly impairs the
respect due to him. Ultimately the Judiciary suffers therefrom because a Judge is a
visible representation of the Judiciary ( City of Tagbilaran vs Hontanosas Jr.)

Question 6:

A businessman is looking for a new retainer. He approached you and asked for
your schedule of fees or charges. He informed you of the professional fees he is
presently paying his retainer, which is actually lower than your rates. He said if
you lower your rates he will engage your services.

Will you lower your rates in order to get the client?

Answer:

No, I would not (Canon 2 Rule 2.04 Code of Professional Responsibility).provides

that a lawyer shall not charge rates lower than those customarily prescribed unless
circumstances so warrant. This is aimed against practice cutthroat competition
which is not in keeping with the principle that the practice of law is a noble
profession and not a trade. Moreover, if he agrees, he would be encroaching on the
employment of a fellow lawyer.

Question 7:

A. Judge Segotier is a member of Phi Nu Phi Fraternity. Atty. Nonato filed a

motion to disqualify Judge Segotier on the ground that the counsel for the
opposing party is also a member of the Judge’s fraternity. Judge Segotier
denied the motion. Comment on his ruling?
B. In an intestate proceeding, a petition for the issuance of letters of
administration in favor of a Regional Trial Court Judge was filed by one of
the heirs. Another heir opposed the petition on the ground that the Judge is
disqualified to become an administrator of the estate as he is the brother-in-
law of the deceased. Rule on the Petition.

Answer:

A. The ruling of the Judge Segotier is correct. The fact that a judge is a former
classmate of one of his counsel to the case has been held insufficient ground
for the disqualification of the Judge( V.da de Bonifacio vs B.L.T. Bus Co.
34 SCRA 618). Intimacy or friendship between a judge and an attorney of
record has also been held to be insufficient ground for the formers
disqualification.
B. I will deny the petition for issuance of letters of administration in favor of
the Regional Trial Court Judge( Rule 5.06 of the Code of Judicial Conduct)
provides that a judge should not serve as the executor, administrator, trustee,
guardian or other fiduciary, except for the estate, trust, or person of a
member of the immediate family, and then only if such interference with the
proper performance of his judicial duties. The exception is not applicable
 because member of the immediate family is defined in the same rule as the
limited spouses and relatives within the second degree of consanguinity. The
deceased brother in law of the judge is not a relative within the second
degree of consanguinity but of affinity.

Question 8:

Due to the number of cases handled by Atty. Cesar he failed to file a notice of
change of address to the court of Appeals. Hence he was not able to file an
Appellant’s Brief and consequently the case was dismissed. Aggrieved Atty. Cesar
filed a motion for reconsideration of the resolution dismissing the appeal and to set
aside the entry of judgment on the ground that he already indicated in his urgent
motion for extension of time to file and appellant’s brief, his new address and that
his failure to file a notice of change of address is an inexcusable negligence. Will
the motion Prosper?

Answer:

The motion will not prosper, it is the lawyer’s duty to inform the court or to make
of record of the changes in his address. His failure to do so does not constitute
excusable negligence. The lawyer cannot presume that the court will take
cognizance of the new address in his motion for the extension of time.

Question 9:

Darius is charge with the crime of murder. He sought Atty. Francia’s help and
assured the latter that he did not commit the crime. Atty. Francia Agreed to
represent him in court. During the trial the prosecution presented several witnesses
whose testimonies convinced Atty. Francia that her client is Guilty. She confronted
his client and eventually admitted the crime. In view of this admission, Atty.
Francia decided to withdraw the case. Should Atty. Francia be allowed to do so?
Answer:

1. No,he should not be allowed to withdraw. A lawyer may withdraw as

counsel only with the consent of the client and with leave of court and only
for good cause enumerated in (Rule 22.01 Canon 22 Code of Professional
Responsibility). A lawyer shall not decline to represent a person solely
because of his opinion regarding the guilt of the person (Rule 14.01 Canon
14 Code of Professional Responsibility).

Question 10:

Atty. Yabang was suspended as a member of the Bar for the period of one year.
During the period of suspension, he was permitted by his law firm to continue
working in their office, drafting and preparing pleadings and other legal
documents, but was not allowed to direct contact with firms clients. Atty. Yabang
was subsequently sued for illegal practice of law. Would the case prosper?`

Answer:

The Supreme Court defined the practice of law as any activity in or out of court,
which requires the application of law, legal principle, practice or procedure and
calls for legal knowledge training and experience ( Cayetano vs Monsod 201
SCRA 210). Based on this Definition, the acts of Atty. Yabang of preparing
pleadings and other legal documents, would constitute practice of law; If so his
activities are for the benefit of his law firm, because the employment of all the
members thereof. The case against him will prosper,

Question 11:

Atty. Japzon, a former partner of XXX law firm, is representing Kapuso

Corporation in a civil case against Kapamilya Corporation whose legal counsel is
XXX law firm. Atty. Japzon claims that she never handled the case of Kapamilya
Corporation when she was still with XXX law firm. Is there a conflict of interest?
Answer:

There is a conflict of interest when a lawyer represents inconsistent interests. This

rule covers not only cases in which confidential communications have been
confided, but also those in which no confidence has been bestowed or will be used.
Also, there is no conflict of interest if the new retainer will require the attorney to
perform an act which will injuriously affect his first client in any matter in which
he represents him and also where he will be called upon in his new relation to use
against his first client any knowledge acquired through their connection (Santos vs
Beltran 418 SCRA 17) Since Atty. Japzon was a partner of XXX law firm which
has Kapamilya Corporation as its client, she cannot handle against it as such will
involve conflict of interest. The employment of law firm is equivalent to the
retainers of the members thereof. It does not matter if Atty. Japzon never handled a
case of kapamilya Corporation when she was still with the XXX law firm.

Question 12:

Pending before the sala of Judge Magbag is the case of CDG versus JQT. The legal
counsel of JQT is Atty. Ocsing who happens to be the brother of Atty. Ferreras, A
friend of JudgeMagabag. While case is still being heard Atty. Ferreras and his wife
invited Judge Magabag on their wedding anniversary. Judge Magbag attended the
party and was seen conversing with Atty. Ocsing while they were eating at the
same table.

Comment on the Propriety of the act of Judge Magbag?

Answer:

A judge is not required to live in seclusion he is permitted to have a social life as

long as it does not interfere with his judicial duties or detract from the dignity of
the court

(Canon 5, Code of Judicial Conduct).However he should be scrupulously careful to

avoid such action as nay reasonably tend to awaken the suspicion that his social or
business relations or friendships constitute an element in determining his judicial
action. A judge should avoid impropriety and appearance of impropriety in all
activities(Canon 2, Code of Judicial Conduct).Sitting on the sane table and
conversing with a lawyer with a pending case before him raises such appearance of
impropriety.
2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

Legal Ethics and Practical Exercises

-I-
(10%)
What are the duties of an attorney?
Per the Attorney’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 therein;

4. To do no falsehood, nor consent to the doing of any in court;

5. To avoid wittingly or unwittingly promoting or suing any

groundless, false or unlawful suit, nor give aid or consent to the
same;

6. To delay no man for money or malice;

7. To conduct himself as a lawyer according to the bets of his

knowledge and discretion with all good fidelity well to the courts
as to his clients

Per Section 20, Rule 138 of the Rules of Court:

To maintain the allegiance to the Republic of the Philippines;

To maintain the respect due to the courts of justice and judicial

officers;

To counsel or maintain such actions or proceedings only as appear

to him to be just, and such defenses only as he believes to be
honestly debatable under the law;

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

To employ, for the purposes of maintaining the causes confided to

him, such means only as are consistent with truth and honor, and
never seek to mislead the judge or any judicial officer by
an artifice or false statement of fact or law;

To maintain inviolate the confidence, and at every peril to

himself, to preserve the secret of his client, and to accept no
compensation in connection with his client’s business except from
him with his knowledge and approval;

To abstain from all offensive personality, and to advance no fact

prejudicial to the honor or reputation of a party or witness, unless
required by the justice of the cause with which he is charged;

Not to encourage either the commencement or the continuance of

an action or proceeding, or delay any man’s cause from any
corrupt motive or interest;

Never to reject, for any consideration personal to himself, the

cause of the defenseless or oppressed;

In the defense of a person accused of crime, by all fair and

honorable means, regardless of his personal opinion as to the guilt
of the accused, to present every defense that the law permits, to
the end that no person may be deprived of life or liberty, but by
due process of law.

Per the Code of Professional Responsibility:

Duties to society in general – to uphold the Constitution, obey the
laws of the land and promote respect for the law and legal
processes;

Duties to the legal profession – to uphold the dignity and integrity

of the legal profession;

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

Duties to the court – to be candid with and promote respect for

the courts and judicial officers, and to assist the courts in
rendering speedy and efficient justice; and

Duties to the client – to observe candor, fairness and loyalty to the

client; hold the client’s money and property in trust, serve the
client with competence and diligence, always mindful of the trust
and confidence reposed by the client in him;

N.B. It should be sufficient that the answer contain either the

attorney’s oath, the duties of an attorney under Section 20, Rule
138 of the Rules of Court, or the duties under the Code of
Professional Responsibility, as any of these provisions sufficiently
state the statutory basis of an attorney’s duties.

- II -
(10%)

C engages the services of attorney D concerning various

mortgage contracts entered into by her husband from whom
she is separated, fearful that her real estate properties will be
foreclosed and of impending suits for sums of money against
her. Attorney D advised C to give him her land titles covering
her lots so he could sell them to enable her to pay her
creditors. He then persuaded her execute deeds of sale in his
favor without any monetary or valuable consideration, to which
C agreed on condition that he would sell the lots and from the
proceeds pay her creditors. Later on, C came to know that
attorney D did not sell her lots but instead paid her creditors
with his own funds and had her land titltes registered in his
name. Did attorney D violate the Code of Professional
Responsibility? Explain.

The decision of the Supreme Court in the case of Hernandez v. Go,

A.C. 1526, January 1, 2005, is squarely applicable to this problem.

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

Under the same set of facts, the Supreme Court held the lawyer
to have violated Canons 16 and 17 of the Code of Professional
Responsibility, which provide as follows:
Canon 16. A lawyer shall hold in trust all moneys and properties of
his client that may come into his possession.

Canon 17. A lawyer owes fidelity to the cause of his client and he
shall be mindful of the trust and confidence reposed in him.

When attorney D acquired the properties of his client, he did not

only violate these canons but also Article 1491 of the Civil Code,
which prohibits him to acquire by purchase even at a public
auction or judicial auction, property of his clients the sale of
which has been entrusted to him unless the consent of the client
has been given.

- III -
(10%)

Attorney M. accepted a civil case for the recovery of title and

possession of land in behalf of N. Subsequently, after the
Regional Trial Court had issued a decision adverse to N, the
latter filed an administrative case against attorney M for
disbarment. He alleged that attorney M caused the advese
ruling against him; that attorney M did not file an opposition to
the Demurrer to Evidence filed in the case, neither did he
appear at the formal hearing on the demurrer, leading the trial
court to assume that plaintiff's counsel (attorney M) appeared
convinced of the validity of the demurer filed; that attorney M
did not even filea motion for reconsideration , causing the
order to become final and executory; and that even prior to
the above events and in view of attorney M's apparent loss of
interest in the case, he verbally requested attorney M to
withdraw, but attorney M refused. Complainant N further

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

alleged that attorney M abused his client's trust and confidence

and violated his oath of office in failing to defend his client's
cause to the very end.

Attorney M replied that N did not give him his full cooperation;
that the voluminous records turned over to him were in disarray,
and that appeared for N, he had only half of the information
and background of the case; that he was assured by N's friends
that they had approach the judge; that they requested him (M) to
prepare a motion for reconsideration which he did and gave to
them; however these friends did not return the copy of the
motion.

Will the administrative case prosper? Give reasons for your

answer.

Yes. Lawyer M appears negligent because of his failure to file an

opposition to the demurrer, appear at the demurrer hearing, and
not filing a motion for reconsideration. Under the Code, a lawyer
shall not handle any legal matter without adequate preparation
(18.02). He shall not neglect a legal matter entrusted to him and
his negligence renders him liable (18.03). Canon 18 provides that
the lawyer shall serve his client with competence and diligence.
Thus, the voluminous record is no justification for the failure of
Attorney M to file an opposition to the demurrer to evidence or
failing to attend the hearing thereof.

Giving the motion for reconsideration to the friends of N for filing

is another instance of negligence on the part of Atty. M. He should
have filed his motion himself. (Francisco v. Portugal, A.C. No.
6155, March 14, 2006) Atty. M also violated Canon No. 13 of the
Code of Professional Responsibility which provides that “a lawyer
shall rely upon the merits of his cause and refrain from any
impropriety which tends to influence or gives the appearance of
influencing the court.” Furthermore, refusing to comply with N’s

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

request to withdraw from the case violated the absolute right of

the client to terminate his lawyer at any time with or without
cause. (Section 26, Rule 138 of the Rules of Court)

- IV -
(10%)

When is recovery of attorney's fees based on quantum meruit

allowed?
The recovery of attorney’s fees on quantum meruit is allowed in
the following circumstances:

When there is no agreement as to attorney’s fees.

When the agreement as to attorney’s fees is invalid for some

reason other than the illegality of the object of the performance.

When the attorney and the client disregard the contract for
attorney’s fees.

When the amount of the attorney’s fees is found to be

unconscionable (Section 24, Rule 138 of the Rules of Court).

Where the stipulated fees are in excess of what is expressly fixed

by law.

-V-
(10%)

During the hearing of an election protest filed by his brother,

Judge E sat in the area reserved for the public, not beside his
brother's lawyer. Judge E's brother won the election protest. Y,
the defeated candidate for mayor, filed an administrative case
against Judge E for employing influence and pressure on the
judge who heard and decided the election protest.

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

Judge E explained that the main reasons why he was there in

the courtroom were because he wanted to observe how
election protest are conducted as he has never conducted one
and because he wanted to give moral support to his brother.

Did Judge E commit an act of impropriety as a member of the

judiciary? Explain?

Judge E committed an act of impropriety by appearing in another

court at the hearing of his brother’s election protest. In the case
of Vidal v. Dojillo, Jr., A.M. No. MTJ-05-1591, July 14, 2005, which
involved the same facts, the Supreme Court held as follows:

“Canon 2 of the Code of Judicial Conduct requires a judge to

avoid not only impropriety but also the mere appearance of
impropriety in all activities. Even if respondent did not intend to
use his position as a judge to influence the outcome of his
brother’s election protest, it cannot be denied that his presence
in the courtroom during the hearing of his brother’s case would
immediately give cause for the community to suspect that his
being a colleague in the judiciary would influence the judge trying
the case to favor his brother.”

- VI -
( 10%)

a. A and B are accused of Estafa by C, the wife of Regional Trial

Court Judge D. Judge D testified as a witness for the
prosecution in the Estafa case. Did Judge D commit an act of
impropriety? Give reasons for your answer. (5%)

If Judge D is a material witness to the offense being prosecuted,

he should testify and his action cannot be considered improper.
However, if his testimony can be dispensed with, being
corroborative in nature, Judge D should refrain from testifying as

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

it may be viewed as a subtle attempt to influence the outcome of

the case. He should refrain from influencing in any manner the
outcome of litigation or dispute pending before another court or
agency. (Canon 1.03, New Code of Judicial Conduct)

b. What qualities should an ideal judge possess under the New

Code of Judicial Conduct for the Philippine Judiciary? (5%)

Qualities of an ideal judge under the New Code of Judicial

Conduct are:
1. Independence (Canon 1);
2. Integrity (Canon 2);
3. Impartiality (Canon 3);
4. Propriety (Canon 4); and
5. Competence and Diligence (Canon 5)

- VII -
(10%)

a. What evidence of identity does the 2004 Rules on Notarial

Practice require before a notary public can officially affix his
notarial seal on and sign a document presented by an individual
whom the notary public does not personally know? (5%)

Section 12, Rule II of the 2004 Rules on Notarial Practice defined

competent evidence of identity as referring to any of the
following identification of an individual:
(a) at least one current identification document issued by an
official agency bearing the photograph and signature of the
individual; or

(b) the oath or affirmation of one credible witness not privy to

the instrument, document or transaction who is personally known
to the notary public and who personally knows the individual, or
of two credible witnesses neither of whom is privy to the

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

instrument, document or transaction who each personally knows

the individual and shows to the notary public documentary
identification.

b. When can Judges of the Municipal Trial Courts (MTC) and

Municipal Circuit Trial Courts (MCTC) perform the function of
notaries public ex officio, even if the notarization of the
documents are not in connection with the exercise of their
official function and duties? (5%)

MTC and MCTC judges assigned to municipalities or circuits with

no lawyers or notaries public may, in the capacity as notaries
public ex-officio, perform any act within the competency of a
regular notary public, provided that: (1) all notarial fees charged
be made for the account of the Government and turned over to
the municipal treasurer (Tabao v. Asis, A.M. No. RTJ-95-1330,
January 30, 1996; Lapena, Jr. v. Marcos, A.M. No. 1969-MJ, June
29, 1982); and (2) certification be made in the notarized
documents attesting to the lack of any lawyer or notary public in
such municipality or circuit. (Doughlas v. Lopez, Jr., A.M. No.
MTJ-96-1076, February 9, 2000; Gravela v. Villanueva, A.M. No.
02-1414-MTJ, January 28, 2003)

- VIII -
(10%)

Prepare a clause stipulating a right of first refusal to be

embodied in a contract of lease, in case of sale of the property
leased.

Right of First Refusal. A right of first refusal is granted to the

lessee in case lessor intends to sell the leased property. Lessee
shall be given priority to buy the property or match the offer of
any potential buyer within a period agreed upon by the parties.
Should the Lessee fail or refuse to purchase the leased property,

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

the Lessor shall be free to sell the property at a price not lower
than that offered to the Lessee.

- IX -
(10%)

Prepare an affidavit of merits to be attached to a Petition for

Relief.

Affidavit of merit should state:

Fraud, accident, mistake or excusable negligence preventing the
filing of answer or appearing in pre-trial or trial; and Valid and
substantial cause of action or defense (Section 3, Rule 138 of the
Rules of Court)

REPUBLIC OF THE PHILIPPINES ) S.S.

CITY OF MANILA )
Affidavit of Merit 
I, Mr. B, of legal age, single, and a resident of Quezon City, after
being duly sworn to, depose and say that:

I am the defendant in the case entitled “A versus B,” docketed as

Civil Case No. 1234 of the Regional Trial Court of Manila, Branch
56, for collection of a sum of money;

On July 7, 2007, while on our way to the court to attend the

hearing of said case, we figured in a vehicular accident when a
truck bumped the taxi cab in which my counsel and I were riding,
causing serious physical injuries to my lawyer and myself,
necessitating our hospitalization for two months;

Upon out failure to appear, the Honorable Regional Trial Court

proceeded with the trial and thereafter rendered judgment
against me for the amount of P500,000 with interest from January
10, 2006, plus costs;

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

Said decision was served on my counsel only on September 15,

2007;

If given the chance to present evidence, I can provide as a valid

and substantial defense that the amount being collected from me
by the plaintiff has been fully paid as shown by a receipt, a
machine copy of which is attached hereto as Annex 1 of this
Affidavit; and

I have executed this Affidavit in support of my Petition for Relief

from final judgment of the RTC of Manila.

FURTHER, Affiant sayeth naught.

Manila, September 19, 2007.

(Sgd.) B
Affiant

SUBSCRIBE AND SWORN to before me, this 21st day of September

2007, the affiant personally appeared and exhibited to me his
Passport No. 345678 issues in Manila on January 12, 2007.

WITNESS MY HAND AND SEAL.

CD
NOTARY PUBLIC
Until December 31, 2007
Commission No.
(Address)
Attorney’s Roll No.________
IBP Membership No._______
PTR O.R. No. ______Manila,
01/0/07

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2007 bar questions and suggested answers (LEGAL ETHICS AND PRACTICAL EXERCISES)

Doc. No.____
Page No. ___
Book No.____
Series of 2007

-X-
(10%)
Prepare an arbitration clause to be included in a contract.

Any dispute between parties arising from contract should first be

referred to an arbitration panel of three members before
resorting to court action, one member each to be designated by
the parties and third member chosen by the two. Any decision of
the Arbitration Committee shall be final, enforceable and binding
on the parties.

NOTHING FOLLOWS.

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 BAR EXAMINATION 2006

LEGAL ETHICS AND PRACTICAL EXERCISES

24 September 2006 2 P.M. - 5 P.M.

INSTRUCTIONS
This questionnaire consists of eighteen (18) numbers contained in eight (8) pages.
Read each question very carefully. Answer legibly, clearly, and concisely. Start each
number on a separate page; an answer to a sub-question under the same number
may be written continuously on the same page and immediately succeeding pages
until completed. Do not repeat the question. A mere "Yes" or "No" answer without
any corresponding discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE



GOOD LUCK!!!




Signed ANGELINA S. GUTIERREZ

Chairperson

20006 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN THIS SET 

WARNING: NOT FOR SALE OR UNAUTHORIZED USE
LEGAL ETHICS AND PRACTICAL EXERCISES

-I-
1. Why is law a profession and not a trade? 2.5%
2. Why is an attorney considered an officer of the court? 2.5%
- II -
1. Is there a distinction between "practicing lawyer" and "trial lawyer"? 2.5%
2. Enumerate the instances when a law student may appear in court as counsel
for a litigant. 2.5%
- III -
1. The Supreme Court suspended indefinitely Atty. Fernandez from the practice of
law for gross immorality. He asked the Municipal Circuit Trial Court Judge of his
town if he can be appointed counsel de oficio for Tony, a childhood friend who
is accused of theft. The judge refused because Atty. Fernandez's name appears
 in the Supreme Court's List of Suspended Lawyers. Atty. Fernandez then
inquired if he can appear as a friend for Tony to defend him.
If you were the judge, will you authorize him to appear in your court as a
friend for Tony? 5%
2. Supposing Tonyis a defendant in a civil case for collection of sum of money
before the same court, can Atty. Fernandez appear for him to conduct his
litigation? 5%
- IV -
Atty. Oldie, 80 yearsold, refuses to pay his IBP dues. He argues he is a senior
citizen and semi-retired from the practice of law. Therefore, he should be
exempt from pating IBP dues.
1. Is his argument correct? 3%
For the same reasons, Atty. Oldie also insist that he should be exempt from the
Mandatory COntinuing Legal Education (MCLE) requirements.
2. Should he be exempt? 3%
-V-
Myrna, petitioner in case for custody of children against her husband, sought advice
from Atty. Mendoza whom she met at a party. She informed Atty. Fernandez that her
lawyer, Atty. Khan, has been charging her exorbitant appearance fees when all he
does move for postponements which have unduly delayed the proceedings; and that
recently, she learned that Atty. Khan approached her husband asking for a huge
amount in exchange for the withdrawal of her Motion for issuance of Hold Departure
Order so that he and his children can leave for abroad.
1. Is it ethical for Atty. Mendoza to advise Myrna to terminate the servicesof Atty.
Khan and hire him instead for a reasonable attorney's fees? 5%
2. What should Atty. Mendoza do about the information relayed to him by Myrna
that Atty. Khan approached her husband with an indecent proposal? 5%
- VI -
In his petition for certiorari filed with the Supreme Court, Atty . Dizon alleged that
Atty .Padilla, a legal researcher in the Court of Appeals, drafted the assailed Decision;
that he is ignorant of the applicable laws; and that he should be disbarred.
Can Atty .Dizon, in castigating Atty .Padilla, be held liable for unethical conduct
against the Court of Appeals? 5%
- VII -
Provincial Prosecutor Bonifacio refused to represent the Municipality of San Vicente in
a case for collection of taxes. He explained that he cannot handle the case with
sincerity and industry because he does not believe in the position taken by the
municipality.
Can Prosecutor Bonifacio be sanctioned administratively? 5%
 - VIII -
Prosecutor Coronel entered his appearance on behalf of the State before a Family
Court in a case for declaration of nullity of marriage, but he failed to appear in all the
subsequent proceedings. When required by the Department of Justice to explain, he
argued that the parties in the case were ably represented by their respective counsels
and that his time would be better employed in more substantial prosecutorial
functions, such as investigations, inquests and appearances in court hearings.
Is Atty .Coronel's explanation tenable? 5%
- IX -
Atty .Marie consulted Atty .Hernandez whether she can successfully prosecute her
case for declaration of nullity of marriage she intends to file against her husband.
Atty. Hernandez advised her in writing that the case will not prosper for the reasons
stated therein. Atty .Marie, however, decided to file the case and engaged the
services of another lawyer, Atty .Pe. Her husband, Noel, having learned about the
opinion of Atty .Hernandez, hired him as his lawyer .
Is Atty .Hernandez's acquiescence to be Noel's counsel ethical? 3%
-X-
In the course of a drinking spree with Atty. Holgado who has always been his counsel
in business deals, Simon bragged about his recent sexual adventures with socialites
known for their expensive tastes. When Atty. Holgado asked Simon how he manages to
finance his escapades, the latter answered that he has been using the bank deposits
of rich clients of Banco Filipino where he works as manager.
Is Simon's revelation to Atty. Holgado covered by the attorney-client privilege? 5%
- XI -
The contract of attorney's fees entered into by Atty .Quintos and his client, Susan,
stipulates that if a judgment is rendered in her favor, he gets 60% of the property
recovered as contingent fee. In turn, he will assume payment of all expenses of the
litigation.
1. Is the agreement valid? 2.5%
2. May Atty .Quintos and Susan increase the amount of the contingent fee to 80%?
2.5%
- XII -
1. What is "assumpsit" and when is it proper? 2%
2. Give 4 instances when a client may validly refuse to pay his lawyer the full
amount of attorney's fees stipulated in their written contract. 4%
- XIII -
Give 4 instances when a client may validly refuse to pay his lawyer the full amount of
attorney's fees stipulated in their written contract. 4%
- XIV -
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? 2.5%
- XV -
Which of the following acts does not constitute a ground for disbarment? Explain. 2.5%
1. Gross misconduct
2. Fraudulent misrepresentation
3. Grossly immoral conduct
4. Violation of the Lawyer's Oath
5. Willful disobedience to a lawful order of the Supreme Court
6. Malpractice
7. Appearance of a non-lawyer as an attorney for a litigant in a case
- XVI -
Draft an Affidafit of Desistance in a criminal case for acts of lasciviosness.
(Exclude the jurat)
- XVII -
Draft an affidafit of Self-Adjucation of the estate of a deceased person.
(Exclude the jurat)
- XVIII -
Draft an Information charging Obet Buena with arson filed with the Regional
Trial Court. Branch 10, Manila. 10%
NOTHING FOLLOWS.
 BAR EXAMINATION 2007

LEGAL ETHICS AND PRACTICAL EXERCISES

23 September 2007 2 P.M. - 5 P.M.

INSTRUCTIONS
This questionnaire consists of ten (10) numbers contained in five (5) pages. Read
each question very carefully. Answer legibly, clearly, and concisely. Start each
number on a separate page; an answer to a sub-question under the same number
may be written continuously on the same page and immediately succeeding pages
until completed. Do not repeat the question. A mere "Yes" or "No" answer without
any corresponding discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE



GOOD LUCK!!!




Signed ADOLFO S. AZCUNA

Chairperson

2007 Bar Examination Committee
 PLEASE CHECK THE NUMBER OF PAGES IN THIS SET 

WARNING: NOT FOR SALE OR UNAUTHORIZED USE
LEGAL ETHICS AND PRACTICAL EXERCISES
- I -

(10%)
What are the duties of an attorney?
- II -

(10%)
C engages the services of attorney D concerning various mortgage contracts entered
into by her husband from whom she is separated, fearful that her real estate
properties will be foreclosed and of impending suits for sums of money against her.
Attorney D advised C to give him her land titles covering her lots so he could sell
them to enable her to pay her creditors. He then persuaded her execute deeds of
sale in his favor without any monetary or valuable consideration, to which C agreed
on condition that he would sell the lots and from the proceeds pay her creditors.
Later on, C came to know that attorney D did not sell her lots but instead paid her
creditors with his own funds and had her land titltes registered in his name.
Did attorney D violate the Code of Professional Responsibility? Explain.
- III -

(10%)
Attorney M. accepted a civil case for the recovery of title and possession of land in
behalf of N. Subsequently, after the Regional Trial Court had issued a decision
adverse to N, the latter filed an administrative case against attorney M for
disbarment. He alleged that attorney M caused the advese ruling against him; that
attorney M did not file an opposition to the Demurrer to Evidence filed in the case,
neither did he appear at the formal hearing on the demurrer, leading the trial court
to assume that plaintiff's counsel (attorney M) appeared convinced of the validity of
the demurer filed; that attorney M did not even file a motion for reconsideration ,
causing the order to become final and executory; and that even prior to the above
events and in view of attorney M's apparent loss of interest in the case, he verbally
requested attorney M to withdraw, but attorney M refused. Complainant N further
alleged that attorney M abused his client's trust and confidence and violated his oath
of office in failing to defend his client's cause to the very end.
Attorney M replied that N did not give him his full cooperation; that the voluminous
records turned over to him were in disarray, and that appeared for N, he had only
half of the information and background of the case; that he was assured by N's
friends that they had approach the judge; that they requested him (M) to prepare a
motion for reconsideration which he did and gave to them; however these friends
did not return the copy of the motion.
Will the administrative case proper? Give reasons for your answer.
- IV -

(10%)
 BAR EXAMINATION 2008

LEGAL ETHICS AND PRACTICAL EXERCISES

28 September 2008 2 P.M. – 5 P.M.

INSTRUCTIONS
This questionnaire consists of eleven (11) questions contained in five (5) pages. Read
each question very carefully. Answer legibly, clearly and concisely. Start each
number on a separate page; an answer to a subquestion under the same number may
be written continuously on the same page and on the immediately succeeding pages
until completed. Do not repeat the question.
You will be given credit for your knowledge of legal doctrine and for the quality of
your legal reasoning. A mere “Yes” or “No” answer without any corresponding
discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.



GOOD LUCK!!!




Signed DANTE O. TINGA

Chairperson

2008 Bar Examination Committee
 PLEASE CHECK THE NUMBER OF PAGES IN THIS SET

WARNING: NOT FOR SALE OR UNAUTHORIZED USE
LEGAL ETHICS AND PRACTICAL EXERCISES
I
Christine was appointed counsel de oficio for Zuma, who was accused of raping his
own daughter. Zuma pleaded not guilty but thereafter privately admitted to
Christine that he did commit the crime charged.
a. In light of Zuma’s admission, what should Christine do? Explain. (3%)
b. Can Christine disclose the admission of Zuma to the court? Why or why not?
(2%)
c. Can Christine withdraw as counsel of Zuma should he insist in going to trial?
Explain. (3%)
II
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%)
III
Dumbledore, a noted professor of commercial law, wrote an article on the subject of
letters of credit which was published in the IBP Journal.
a. Assume he devoted a significant portion of the article to a commentary on
how the Supreme Court should decide a pending case involving the
application of the law on letters of credit. May he be sanctioned by the
Supreme Court? Explain. (4%)
b. Assume Dumbledore did not include any commentary on the case. Assume
further after the Supreme Court decision on the case had attained finality, he
wrote another IBP Journal article, dissecting the decision and explaining why
the Supreme Court erred in all its conclusions. May he be sanctioned by the
Supreme Court? Explain. (3%)
IV
Chester asked Laarni to handle his claim to a sizeable parcel of land in Quezon City
against a well-known property developer on a contingent fee basis. Laarni asked for
15% of the land that may be recovered or 15% of whatever monetary settlement that
may be received from the property developer as her only fee contingent upon
 BAR EXAMINATION 2009

LEGAL ETHICS AND PRACTICAL EXERCISES

04 October 2009 2 P.M. - 5 P.M.

 INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with ten (10) questions (numbered I to
X), contained in four (4) pages; and Part II with ten (10) questions (numbered XI-XX),
contained in four (4) pages, for a total number of eight (8) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the
booklet.
Begin your answer to each numbered question on a separate page; an answer to a
subquestion under the same number may be written continuously on the same page
and succeeding pages until completed.
Answer the questions directly and concisely. Do not repeat the questions. Write
legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.
GOOD LUCK!

_____________________________________

ANTONIO EDUARDO B. NACHURA

CHAIRPERSON

2009 BAR EXAMINATIONS COMMITTEE

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WARNING: NOT FOR SALE OR UNAUTHORIZED USE

LEGAL ETHICS AND PRACTICAL EXERCISES
PART I
I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is
false. Explain your answer in not more than two (2) sentences. (5%)
a. The Bangalore Draft, approved at a Roundtable Meeting of Chief Justices held
at The Hague, is now the New Code of Judicial Conduct in the Philippines.
b. An attorney ad hoc is a lawyer appointed by the court to represent an
absentee defendant in a suit in which the appointment is made.
c. A charging lien, as distinguished from a retaining lien, is an active lien which
can be enforced by execution.
d. A lawyer cannot refuse to divulge the name or identity of his client.
e. A notary public is disqualified from performing a notarial act when the party
to the document is a relative by affinity within the 4th civil degree.
II
a. What is the object of the bar examinations? Explain. (2%)
b. What are the three (3) tests to determine conflict of interest for practicing
 Bar Examination Questionnaire for Legal Ethics

Set A
(1) Atty. Mike started teaching Agrarian Reform and Taxation in June 2001 at the Arts
and Sciences Department of the Far Eastern University. In 2005, he moved to San
Sebastian Institute of Law where he taught Political Law. Is Atty. Mike exempt from
complying with the MCLE for the 4th compliance period in April 2013?
(A) No, since he has yet to complete the required teaching experience to be
exempt.
(B) No, because he is not yet a bar reviewer.
(C) Yes, since by April 2013, he will have been teaching law for more than 10
years.
(D) Yes, since he updated himself in law by engaging in teaching.
(2) The acknowledgment appearing in a deed of sale reads: "Before me personally
appeared this 30 August 2010 Milagros A. Ramirez, who proved her identity to me
through witnesses: 1. Rosauro S. Balana, Passport UU123456; 1-5-2010/ Baguio City;
and 2. Elvira N. Buela, Passport VV200345; 1-17-2009/ Manila. "Both witnesses, of
legal ages, under oath declare that: Milagros A. Ramirez is personally known to them;
she is the same seller in the foregoing deed of sale; she does not have any current
identification document nor can she obtain one within a reasonable time; and they
are not privy to or are interested in the deed he signed." What is the status of such a
notarial acknowledgment?
(A) Questionable since the notary public is not shown to personally know the
principal party.
(B) Ineffective since it included parties not privy to the deed.
 (C) Invalid since the evidence of identity is non-compliant with the notarial
rules.
(D) Valid since it is a manner of establishing the identity of the person
executing the document.
(3) Atty. Francisco’s retainer agreement with RXU said that his attorney's fees in its
case against CRP "shall be 15% of the amounts collected." Atty. Francisco asked the
trial court to issue a temporary restraining order against CRP but this was denied,
prompting him to file a petition for certiorari with the Court of Appeals to question
the order of denial. At this point, RXU terminated Atty. Francisco’s services. When the
parties later settled their dispute amicably, CRP paid RXU P100 million. Because of
this, Atty. Francisco came around and claimed a 15% share in the amount. What
should be his attorney’s fees?
(A) Nothing because the compromise came after RXU terminated him.
(B) 15% of what CRP paid RXU or P15 million.
(C) A reasonable amount that the court shall fix upon proof of quantum meruit.
(D) Nothing since he was unable to complete the work stated in the retainer
contract.
(4) Lee became a lawyer in 1988 under a claim that he is a Filipino like his parents.
Efren sought Lee’s disbarment on the ground that he really is a Chinese. To prove he is
a Filipino, Lee cited an Albay regional trial court’s final judgment in an action to
recover real property which mentioned his citizenship as Filipino. This final judgment
resulted in the correction of his birth records in a separate special proceeding to show
he is a Filipino, not Chinese as there stated. Is Lee’s claim to Filipino citizenship
valid?
(A) No, since the mention of his citizenship in the land case was just incidental.
(B) No, since those rulings were not appealed to the Supreme Court.
(C) Yes, because the rulings in his favor have become final and executory.
(D) Yes, since his parents are Filipinos based on what he said in his bar exam
petition.
(5) Sheryl, Eric's counsel, once asked for postponement and the court granted it since
the opposing counsel, Bernadine, did not object. Eric then asked Sheryl not to allow
any further postponements because his case has been pending for 8 years. When trial
resumed, Bernadine moved to reset the trial because of her infant's ailment. What
must Sheryl do?
(A) Remind the Court that it has the duty to promptly decide the case.
(B) Interpose no objection since she too once sought postponement without
Bernadine's objection.
(C) Vehemently oppose Bernadine's motion for being contrary to Eric's wishes.
(D) Submit the motion to the Court's sound discretion.
(6) In a verified complaint, Kathy said that Judge Florante decided a petition for
correction of entry involving the birth record of her grandson, Joshua, who happened
to be child of Judge Florante's daughter, Pilita. Judge Florante insisted that he
committed no wrong since the proceeding was non-adversarial and since it merely
sought to correct an erroneous entry in the child’s birth certificate. Is Judge Florante
liable?
(A) Yes, because Florante breached the rule on mandatory disqualification.
(B) No, because Judge Florante has no pecuniary interest in the proceeding.
(C) No, because it is true the proceeding was non-adversarial so it prejudiced
no one.
(D) Yes, since the correction in the child’s record affects the details of birth of
the child.
(7) Which of the following statements best describes the distinct traditional dignity
that the legal profession enjoys over other professions?
(A) People are quite dependent on lawyers for their skills in getting them out of
trouble with the law.
(B) Its members strive to maintain honesty even in their private dealings.
(C) Its members earn by charging specified emoluments or fees.
(D) The profession is anchored on a fiduciary relation with the client.
(8) Raul sought Ely's disbarment for notarizing a deed of sale knowing that four of the
sellers were dead. Ely admitted that he notarized the deed of sale but only after his
client assured him that the signatures of the others were authentic. Later, Raul moved
to have the complaint against him dismissed on the ground that it was filed because
of a misunderstanding which had already been clarified. This prompted the IBP to
recommend the dismissal of the complaint. Can the dismissal be allowed?
(A) No, unless the complainant executes an affidavit of desistance.
(B) Yes, since no compelling reason remained to continue with it.
(C) Yes, but recall Ely's notarial commission since the charge against him seems
meritorious.
(D) No, given Ely’s admission that he notarized the document when some
signatories were absent.
(9) When will Atty. Antonio's notarial commission expire if he applied for and was
given such commission on 12 November 2010?
(A) 31 December 2012
(B) 31 December 2011
(C) 11 November 2011
(D) 11 November 2012
(10) Elaine filed a complaint against Fely before their barangay concerning a contract
that they entered into. During conciliation, Fely came with Sarah, who claimed the
right to represent her minor sister. The barangay captain let Sarah assist her sister.
Eventually, the barangay issued a certificate to file action after the parties failed to
settle their differences. When Sarah formally appeared as lawyer for her sister, Elaine
filed an administrative complaint against her for taking part in the barangay
conciliation and preventing the parties from taking meaningful advantage of the
same. Is Sarah liable?
(A) No, because she has to represent her sister who was a minor.
(B) No, because the Court can always dismiss the case without prejudice to a
genuine conciliation.
(C) Yes, because what Sarah did was deceitful and amounts to fraud.
(D) Yes, because as a lawyer, she is absolutely forbidden to appear in barangay
conciliations.
(11) Which of the following will subject Atty. Lyndon, a Manila notary public, to
sanctions under the notarial rules?
(A) Notarizing a verification and certification against forum shopping in Manila
Hotel at the request of his Senator-client.
(B) Refusing to notarize an extra-judicial settlement deed after noting that
Ambo, a friend, was delisted as heir when he was in fact one.
(C) Performing signature witnessing involving his brother-in-law and recording
it in his register.
(D) Notarizing a deed of sale for someone he knew without requiring any proof
of identity.
(12) Justice Frank, a retired Court of Appeals justice, appeared before the Supreme
Court on behalf of Landbank, a government bank, in a case involving the compensable
value of the property taken from a landowner under the agrarian reform law. The
landowner questioned Justice Frank's appearance in the case, pointing out that the
same is unethical and smacks of opportunism since he obviously capitalizes on his
judicial experience. Is Justice Frank's appearance in the case valid?
(A) Yes, because the law allows such appearance as long as the government is
not the adverse party.
(B) No, because he cannot enjoy his retirement pay and at the same time work
for a government institution.
(C) Yes, since Landbank does not perform government function.
(D) No, he should have waited for at least a year to avoid improprieties.
(13) On appeal, RTC Judge Rudy affirmed the MTC’s conviction of Lorna for violation
of the bouncing checks law and awarded Agnes, the complainant, Php1.6 million in
damages. Two years later, upon Lorna’s motion and after ascertaining that her counsel
never received the court's decision, Judge Rudy recalled the entry of judgment in the
case, reversed himself, and absolved Lorna of guilt. Claiming an unjust judgment,
Agnes filed an administrative complained against Judge Rudy, saying that it is plain
from the circumstances that he connived with Lorna, her counsel, and the handling
prosecutor. But she offered no further evidence. Rudy denied the charges and
asserted that any error in his judgment is correctible only by an appeal, not by an
administrative suit. Should Judge Rudy be disciplined?
(A) No, because Agnes' complaint is merely based on suspicions and
speculations.
(B) No, because Agnes has yet to establish that Rudy's decision is plainly
erroneous.
(C) Yes, because he gravely abused his discretion in recalling the entry of
judgment.
(D) Yes, because reconsidering the judgment of conviction that the MTC and he
earlier issued shows anomaly in Judge Rudy's action.
(14) After Atty. Benny got a P2 million final judgment in his client’s favor, he promptly
asked the court, without informing his client, to allow him a charging lien over the
money in the amount of P500,000, his agreed fees, The Court issued a writ of
execution for the whole judgment in Atty. Benny's name with an order for him to turn
over the excess to his client. Is Atty. Benny’s action correct?
(A) No, since his fees are excessive.
(B) Yes, since he was merely asserting his right to collect his fees.
(C) Yes, since he would anyway give the excess to his client after getting his
fees.
(D) No, since he did not disclose to his client the matter of getting a charging
lien and a writ of execution in his name.
(15) On 17 April 2006 NWD, a local water district entity, hired Atty. Chito as private
counsel for a year with the consent of the Office of the Government Corporate
Counsel (OGCC). Shortly after, a leadership struggle erupted in NWD between faction
A and faction B. Siding with the first, Atty. Chito filed several actions against the
members of faction B. Eventually, the court upheld Faction B which thus revoked Atty.
Chito’s retainer on 14 January 2007. With OGCC’s approval, NWD hired Atty. Arthur in
his place. When Atty. Arthur sought the dismissal of the actions that Atty. Chito had
instituted, the latter objected on the ground that his term had not yet expired and
Atty. Arthur had no vacancy to fill up. Is Atty. Chito right?
(A) No, because Atty. Chito’s continued appearances in the cases was without
authority since 14 January 2007.
(B) No, because Atty. Arthur would have violated the rule on forum shopping.
(C) Yes, because Atty. Chito’s retainer and authority remained valid until 17
April 2006.
(D) No, because Atty. Chito has the duty to expose the irregularities committed
by the members of Faction B.
(16)Noel and Emily who were involved in a road accident sued Ferdie, the driver of
the other car, for damages. Atty. Jose represented only Noel but he called Emily to
testify for his client. During direct examination, Emily claimed that her injuries were
serious when Atty. Jose knew that they were not. Still, Atty. Jose did not contest such
claim. Ferdie later sued Emily for giving false testimony since her own doctor’s report
contradicted it. He also sued Atty. Jose for foisting a false testimony in court. Is Atty.
Jose liable?
(A) No, because he did not knowingly arrange for Emily to lie in court.
(B) Yes, because he did not advise his client to settle the case amicably.
(C) No, because Emily did not permit him to reveal the falsity to the court.
(D) Yes, because he knowingly let Emily's false testimony pass for truth.
(17) In settling his client's claims, Atty. Cruz received from the adverse party P200,000
in cash for his client. Which of the following is an IMPROPER way for Atty. Cruz to
handle the money?
(A) Ask his client to prepare a check for his fees for swapping with the cash.
(B) Deposit the cash in his own bank account and later issue his personal check
to his client, less his fees.
(C) Turn over the cash to his client with a request that the latter pay him his
fees.
(D) Tell his client about the settlement and the cash and wait for the client's
instructions.
(18) Judge Cristina has many law-related activities. She teaches law and delivers
lectures on law. Some in the government consult her on their legal problems. She also
serves as director of a stock corporation devoted to penal reform, where she
participates in both fund raising and fund management. Which of the following
statements applies to her case?
(A) She should not engage in fund raising activities.
(B) Her activities are acceptable except the part where she is involved in fund
management.
(C) She can teach law and deliver lectures on law but not do the other things.
(D) All of her activities are legal.
(19) One of the foundation principles of the Bangalore Draft of the Code of Judicial
Conduct is the importance in a modern democratic society of
(A) a judicial system that caters to the needs of the poor and the weak.
(B) public confidence in its judicial system and in the moral authority and
integrity of its judiciary.
(C) the existence of independent and impartial tribunals that have the support
of its government.
(D) judges who are learned in law and jurisprudence.
(20) After representing Lenie in an important lawsuit from 1992 to 1995, Atty. Jennifer
lost touch of her client. Ten years later in 2005, Evelyn asked Atty. Jennifer to
represent her in an action against Lenie. Such action involved certain facts, some
confidential, to which Atty. Jennifer was privy because she handled Lenie's old case.
Can Atty. Jennifer act as counsel for Evelyn?
(A) No, but she can assist another lawyer who will handle the case.
(B) Yes, but she must notify Lenie before accepting the case.
(C) No, because her duty to keep the confidences of previous clients remains.
(D) Yes, but she cannot reveal any confidential information she previously got.
(21) Eric, a labor federation president, represented Luisa, a dismissed WXT employee,
before the NLRC. Atty. John represented Luisa's two cocomplainants. In due course,
the NLRC reinstated the three complainants with backwages and awarded 25% of the
backwages as attorney’s fees, 15% for Atty. John and 10% for Eric, a non-lawyer. When
WXT appealed to the Court of Appeals, Atty. John questioned Eric’s continued
appearance before that court on Luisa’s behalf, he not being a lawyer. Is Eric's
appearance before the Court of Appeals valid?
(A) Yes, for Eric has a personal stake, the fees awarded to him, in defending
the NLRC's decision in the case.
(B) No, since John can very well represent Luisa, she being in the same
situation as his own clients.
(C) No, because the representation of another in courts can be entrusted only
to lawyers.
(D) Yes, since that appeal is a mere continuation of the labor dispute that
began at the NLRC.
(22) In what documented act will a notary public’s failure to affix the expiration date
of his commission warrant administrative sanction?
(A) In the jurat of a secretary's certificate.
(B) In the will acknowledged before him.
(C) In the signature witnessing he performed.
(D) In the document copy he certified.
(23) Provincial Governors and Municipal Mayors who are lawyers are MCLE exempt
because
(A) they handle cases of their constituents for free.
(B) the Local Government Code prohibits them from practicing their profession.
(C) they are rendering public service.
(D) As experts in local governance, it may be assumed that they are updated on
legal developments.
(24) A difficult client directed his counsel to bring up to the Supreme Court the trial
court’s dismissal of their action. Counsel believes that the trial court acted correctly
and that an appeal would be futile. Which of the following options should counsel
take?
(A) Withdraw from the case to temper the client’s propensity to litigate.
(B) Engage a collaborating counsel who can assist in the case.
(C) Submit a new retainer proposal to the client for a higher fee.
(D) Elevate the case to the Supreme Court as directed by client.
(25) Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC clerk
of court, if the case records have already been remanded to the MTC as the Court of
Appeals directed. Lisa said no, saying that the RTC had not yet received a certified
copy of the Court of Appeals’ decision. When Lisa suggested that Atty. Anthony first
secure such a copy, the latter scolded her. Shamed by this, Lisa filed a disciplinary
action against him for encroaching on the work of the lawyers of record. Anthony
defends his follow-up action by claiming good faith and the possibility of entering his
appearance later. Is Anthony liable for his record follow up?
(A) Yes, because he did not inform Lisa of the basis of his interest in the case.
(B) Yes, because none of the parties to the case authorized him to do such
followup.
(C) No, because he acted in good faith with a view to a possible retainer.
(D) No, because following up the records of any case does not constitute
practice of law.
(26) Administrative proceedings against Judges of all courts and Justices of the Court
of Appeals and the Sandiganbayan shall be
(A) private and confidential.
(B) public but subdued.
(C) private but transparent.
(D) public.
(27)When does the initial MCLE compliance period of a newly admitted member of the
bar begin?
(A) On the first day of the month of his admission.
(B) On the tenth day of the month of his admission.
(C) On the third year after his admission as member.
(D) On the first year of the next succeeding compliance period.
(28) Counsel for Philzea Mining appealed a decision of the Bureau of Mines, which was
adverse to his client, to the Environment Secretary. At about the same time, he filed
a special civil action of certiorari with the Court of Appeals for the annulment of the
same decision. Did counsel commit any ethical impropriety in his actions?
(A) Yes, since the action he filed with the Court of Appeals was barred by the
pendency of a similar action before the Environment Secretary.
 (B) Yes, since he was evidently shopping for a sympathetic forum, a
condemnable practice.
(C) No, since his appeal to the Environment Secretary was administrative, not
judicial.
(D) No, since he has to exhaust all available remedies to serve his client’s
interest.
(29) Atty. Melissa witnessed the car accident that resulted in injury to Manny, a friend
of hers. While visiting him at the hospital, she advised him about what action he
needed to take regarding the accident. Is Atty. Melissa subject to disciplinary action if
she eventually handles the case for him?
(A) No, because Melissa did not directly volunteer her services.
(B) No, because Manny happened to be a friend.
(C) Yes, she engaged in typical ambulance chasing.
(D) Yes, because she should have offered her services for free.
(30) A Court Administrator's auditing team found that Judge Ruby used business cards
which stated, in addition to her official title as presiding judge of her court, that she
is bar topnotcher, her law school’s "class valedictorian," and "one of the most sought
after private law practitioners" before she joined the judiciary, all of which are true.
Asked to explain this seeming impropriety, Ruby pointed out that business cards can
include the person’s "title" which is broad enough to include in her case her standing
in the bar and all the honors she earned. Did Ruby commit an impropriety?
(A) Yes, unless the cards were given to her as a gift.
(B) No, because all she stated in her business cards are true.
(C) Yes, because she showed a hunger for publicity and recognition that
debases her judicial post.
(D) No, because she is free to include in her business cards details that say who
she is.
(31) Serving as counsel de oficio, Atty. Mamerto advised John of the consequences of
his plea of not guilty to the charge. Before trial could be held, however, the presiding
judge died. As it happened, Atty. Mamerto was appointed judge and John’s case was
assigned to him by raffle. John quickly moved for the judge’s disqualification. Is
Judge Mamerto under obligation to inhibit himself from the case?
(A) No, because his service to John was just momentary.
(B) Yes, because his knowledge of John’s case affects his judgment.
(C) No, because he was merely a counsel de oficio.
(D) Yes, because he served as John's counsel.
(32) Myra asked Atty. Elma to notarize her deed of sale. When Elma asked for Myra's
competent evidence of identity, she explained that she does not have any current
identification document nor could she get one soon. Instead, she presented her
friend, Alex, who showed Atty. Elma his driver’s license and confirmed her Myra’s
identity. Is Alex’s identification of Myra valid?
(A) Yes, provided Alex states in the deed of sale that he knew Myra personally.
(B) No, Myra needs to produce a valid identification document of herself.
(C) No, since Alex is not himself a party to the document.
(D) Yes, since Alex had a valid identification document.
(33) Atty. Eliseo represented Allan in a collection suit against the Philippine Charity
Sweepstakes Office (PCSO). After his election as sangguniang bayan member, the
court rendered a decision in PCSO’s favor. Still, Atty. Eliseo appeared for Allan in the
latter’s appeal, prompting the PCSO to question his right to do so. In response, Atty.
Eliseo claimed that the local government code authorizes him to practice law as long
it does not conflict with his duties. Is Atty. Eliseo right?
(A) No, because he cannot appear against a government instrumentality in a
civil case.
(B) Yes, because his official duties do not conflict with his private practice.
(C) No, because he works on his private case at the sacrifice of public service.
(D) Yes, because he does not appear in the case as a municipal official.
(34) Which of the following instances demonstrates counsel’s LACK of diligence in
serving his client's interest?
(A) Failing to file his client’s appeal brief despite 2 extensions upon the excuse
that the client did not coordinate with him.
(B) Failing to send to client a requested legal opinion until after the latter gave
him the additional documents he requested.
(C) Failing to rehearse his client on his testimony before the trial.
(D) Updating his client about the status of his case by phone and electronic
mail.
(35) What is the method of national inquiry into the conduct of Supreme Court
magistrates?
(A) Administrative investigation.
(B) Disqualification.
(C) Impeachment.
(D) Disbarment.
(36) What unhealthy attitude of mind should a judge avoid falling into?
(A) Hearing and adjudicating cases is an important job.
(B) Courts are made for litigants.
(C) Litigants are made for the courts.
(D) Courts should dispose of their cases on time.
(37) After hearing in a sensational criminal case, counsel for the accused told
television viewers how the judge unfairly ruled to stop his witness from testifying
fully about certain aspects of the case that would help the accused. Counsel said that
the public should know the injustice to which his client was being subjected. Can
counsel be disciplined for his utterances?
(A) Yes, because rather than defend the judicial system as was his duty, he
attacked it.
(B) No, since counsel did not use obscene language.
(C) No, so long as counsel did not knowingly make false statements or act in
reckless disregard of truth.
(D) Yes, even if the judge may have actually made unfair rulings in the course
of trial.
(38) Which of the following is required of counsel when withdrawing his services to a
client in a case?
(A) Counsel's desire to withdraw, expressed in his motion.
(B) Payment of withdrawal fee.
(C) Opposing counsel’s conformity to the withdrawal.
(D) Client's written consent filed in court.
(39) Which of the following demonstrates the lawyer's duty to give the court the
respect it deserves?
(A) Counsel consistently appearing in court on time.
(B) Counsel obeying court's orders and processes.
(C) Woman counsel appearing in court dressed in business attire.
(D) Counsel addressing the court as "Your Honor" at all times.
(40) Atty. Arthur agreed to represent Patrick in a personal injury case after the latter
signed a retainer agreement for a 33% fee contingent on their winning the case. In the
course of trial, Patrick dismissed Atty. Arthur after he presented their evidence in
chief and engaged Atty. Winston another lawyer. They lost the case. What fee would
Atty. Arthur be entitled to?
(A) Thirty three percent of the fee actually paid to Winston.
(B) The reasonable value of his services.
(C) A flat hourly rate for the time he invested in the case.
(D) Absolutely nothing.
(41) Ronnie, a paralegal in a law firm, helped Beth in a property dispute in which she
was involved by giving her legal advice and preparing a complaint that she eventually
filed in court under her own signature. When the lawyer for the defendant learned of
it, he told Ronnie to desist from practicing law. But he disputed this, claiming that he
had not practiced law since he did not receive compensation from Beth for his help. Is
Ronnie correct?
 (A) Yes, because he could as a paralegal provide competent legal help to
litigants.
(B) Yes, for so long as he did not sign the complaint or appeared as Beth's
lawyer.
(C) No, unless Beth was ill-advised in filing her complaint in court.
(D) No, because receipt of compensation is not the sole determinant of legal
practice.
(42) Which of the following characteristics pertains to a charging lien?
(A) It cannot attach to judgments for delivery of real estates.
(B) It involves documents placed in the lawyer's possession by reason of the
retainer.
(C) It does not need any notice to the client to make it effective.
(D) It may be exercised before judgment or execution.
(43) To whom may the Supreme Court refer complaints against lawyers for
investigation?
(A) Integrated Bar of the Philippines.
(B) Office of the Bar Confidant.
(C) Judicial and Bar Council.
(D) Office of the Court Administrator.
(44) After several years as a private practitioner, Ben got appointed as Regional Trial
Court judge. Five years after his appointment, he received summons directing him to
answer a disbarment complaint that pertained to a document he notarized more than
10 years ago from appointment date. He sought the dismissal of the complaint arguing
that the cause of action has prescribed. Must the complaint be dismissed?
(A) No, because such complaints do not prescribe.
(B) Yes, because the complaint creates a chilling effect on judicial
independence.
(C) No, but the complaint should be verified to ensure transparency.
(D) Yes, because actions on contracts prescribe in 10 years.
(45) On November 28 Atty. Patrick wrote in a newspaper column that the Supreme
Court already decided in favor of the validity of the Executive Order that created the
Truth Commission upon a vote of 13-2. But, as it turned out, the Court actually
rendered an adverse decision only on December 7, and upon a vote of 10-5. Asked to
explain his misleading article, Patrick said that his constitutionally protected right to
free expression covered what he wrote. Can the Court cite Patrick for contempt?
(A) Yes, because his article obstructs and degrades the administration of
justice.
 (B) No, because the right to free expression occupies a high rank in the
hierarchy of cherished rights.
(C) No, because courts must simply ignore public opinion and the media when
rendering decisions.
(D) Yes, because he wrote a lie in his column.
(46) Atty. Ramon borrowed his client's (Menchu) land title. After eight months, Menchu
demanded its return but he failed to comply and changed his residence. After Menchu
tracked him down, she confronted him about the title. He then offered to just buy
the property and gave her five checks for it but these bounced. Charged with
malpractice, Atty. Ramon answered that his license to practice law cannot be in issue.
He merely incurred civil liability for a failed transaction. Will the malpractice action
prosper?
(A) No, because his failure to pay his obligation only makes him civilly liable.
(B) No, since Menchu did not transact business with Atty. Ramon as a lawyer.
(C) Yes, because it is professionally reprehensible for a lawyer to be
unavailable to a person in need.
(D) Yes, he having taken advantage of Menchu who was not fully protected and
had no independent advice.
(47) Atty. Alfredo Prado appeared in a case as legal officer of the Land Registration
Authority (LRA). His opponent, Atty. Armando, knew an Atty. Alfredo Prado from his
province who had been dead for years. When Atty. Armando checked with the
Supreme Court, only one Alfredo Prado was in the roll of attorneys. What action can
Atty. Armado take against Vicente who had taken a dead lawyer’s identity?
(A) File direct contempt action against Vicente for deceiving the court.
(B) Criminally prosecute Vicente for estafa for making money upon false
pretense.
(C) Criminally prosecute Vicente for theft of Alfredo's identity and law practice.
(D) Institute a disbarment case against Vicente for misrepresenting himself as
lawyer.
(48) After the prosecution cross-examined Shiela, a witness for the accused, Judge
Pedro asked her ten additional questions that were so intense they made her cry. One
question forced Sheila to admit that her mother was living with another man, a fact
that weighed on the case of the accused. This prompted the latter’s counsel to move
to expunge the judge’s questions for building on the prosecution's case. Judge Pedro
denied the motion, insisting that bolstering a party’s case is incidental to the court’s
desire to be clarified. Did Pedro commit an impropriety?
(A) No, his ten questions could not be considered an undue intervention.
(B) No, because the judge is free to inquire into any aspect of the case that
would clarify the evidence for him.
 (C) Yes, because he effectively deprived the defense of its right to due process
when he acted both as prosecutor and judge.
(D) Yes, because nothing connects his desire to be clarified with the questions
he asked.
(49) Administrative penalties imposed on judges are
(A) curative.
(B) punitive.
(C) corrective.
(D) both punitive and corrective.
(50) Which of the following demonstrates a lawyer’s fidelity to known practices and
customs of the bar regarding a case he is handling?
(A) Treating his client’s disclosures as confidential but not the documents he
submits for review.
(B) Meeting with his client’s opponent over lunch to discuss settlement without
telling his client.
(C) Accepting a tough case although he is new in practice, trusting that his
diligence would make up for lack of experience.
(D) Inviting the judge hearing the case to dinner with no purpose to discuss the
case with him.

2012 BAR EXAMINATIONS


LEGAL ETHICS AND PRACTICAL EXERCISES

28 October 2012 1:30 P.M. -2:30 P.M.

Set A
MULTIPLE CHOICE QUESTIONS (MCQs)

INSTRUCTIONS
The following questionnaire consists of fifty (50) MCQs numbered 1 up to 50 contained
in FOURTEEN (14) pages.
Answer each question on the MCQ Answer Sheet by shading completely the
appropriate circle corresponding to the letter you have chosen. (Read the Marking
Instructions on the Answer Sheet)
Avoid erasures on the Answer Sheet. I f you need to make corrections, erase
completely the answer you want to change.
Do not explain your answers in the MCQ portion of the exam. You will not earn any
credit for that.
Keep the Answer Sheet clean. Do not make unnecessary marks on it. Do not fold, roll,
scratch, crumple or tear it.
You may write on the questionnaire and use it as scratch paper but make sure to
transfer your answer to the Answer Sheet. Provide ample time to transfer the answers
i f you choose to do this.
Answer first the MCQs completely before going to the Memorandum Writing Test.
HAND IN YOUR ANSWER SHEET. THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO
THE HEAD WATCHER.
GOODLUCK!!!
_____________________________________

MARTIN S. VILLARAMA, JR.

Chairperson

2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS FIFTEEN (15) PAGES (INCLUDING THIS
PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE

LEGAL ETHICS AND PRACTICAL EXERCISES

1. Atty. Galing is a Bar topnotcher. He has been teaching major subjects in a law
school for eight (8) years and has mastered the subjects he is handling. Is he
exempt from the MCLE requirement?
a. No, eight (8) years experience is not enough.
b. Yes, since he has mastered what he is handling.
c. Yes, professors of law are exempted.
d. No, since he is not yet a Bar reviewer.
2. Atty. Rey has been a professor in the Legal Management Department of Y
University for thirty (30) years. He teaches Constitution, Obligation and
Contracts, Insurance, Introduction to Law. Is he exempted from the MCLE
requirement?
a. Yes, because his teaching experience is already more than ten (10)
years.
b. No, because he is not teaching in the College of Law.
c. Yes, because of his field of knowledge and experience.
d. No, because Y University is not accredited.
3. The term of Dean Rex of X College of Law expired in the first year of the third
compliance period. Does his exemption extend to the full extent of said
compliance period?
a. No, he must comply with all the unit requirements.
 b. Yes, to the full extent.
c. No, but comply proportionately.
d. Yes, but he must apply for exemption.
4. What is the duration of MCLE Compliance Period?
a. Twelve (12) months;
b. Twenty four (24) months;
c. Thirty six (36) months;
d. Eighteen (18) months.
5. When does compliance period begin?
a. When the lawyer actually begins law practice;
b. Upon admission/readmission to the Bar;
c. 01 October 2009;
d. 01 October 2006.
6. Does the MCLE requirement apply at once to a newly-admitted lawyer?
a. Yes, if admitted to the Bar and there are four (4) more months remaining
of the compliance period.
b. No, wait for the next compliance period.
c. Yes, if he will start law practice immediately.
d. Yes, if more than one (1) year remains of the compliance period.
7. What is the purpose of MCLE?
a. To conform with the requirements of international law.
b. To provide a venue to improve fraternal relations among lawyers.
c. To keep abreast with law and jurisprudence and to maintain the ethical
standards of the profession.
d. To supplement legal knowledge due to substandard law schools.
8. Atty. Aga was appointed as Treasurer by the IBP President with the approval of
the Board of Governors for a term coterminous with that of the President. A
year thereafter, Atty. Aga ran as Barangay Chairman of their place, and took a
leave of absence for two (2) weeks to campaign. May Atty. Aga re-assume as
Treasurer after his leave of absence?
a. Yes, since he lost in the election.
b. No, because he was deemed resigned upon filing of his certificate of
candidacy.
c. Yes, because his position as Treasurer is coterminous with the President
of the I BP.
 d. No, because he should first seek the approval of the IBP Board of
Governors before running as Brgy. Chairman.
9. Atty. Magtanggol of the PAO was assigned to defend X who is accused of Slight
Physical Injury before the MTC of a far-flung town. During the trial, P02 Tulco
appeared in court on behalf of the complainant. Atty. Magtanggol objected to
his appearance since the policeman is not a member of the Bar.
a. The objection is valid. It should be the public prosecutor who should
prosecute the criminal action.
b. Atty. Magtanggol is just afraid that his client may be convicted through
the efforts of a non-lawyer.
c. In the courts of a municipality, a party may conduct his litigation in
person or with the aid of an agent or friend.
d. If a public prosecutor is not available, at least a private prosecutor who
must be a lawyer should be designated.
10.Bong Tupak, a second year law student, was charged in the RTC for Forcible
Abduction with Rape. Having knowledge of criminal law and procedure, he
dismissed the counsel de oficio assigned and appeared for himself. He asserted
that there was lack of force. Eventually, the RTC found him guilty of Consented
Abduction and imposed the penalty. Bong Tupak now assails the decision, saying
that there was a violation of due process because he was allowed to appear by
himself and he did not know that Consented Abduction is a crime. Decide.
a. An accused before the RTC may opt to defend himself in person and he
cannot fault others for his decision.
b. The RTC should have appointed a counsel de oficio to assist the accused
even if not sought or requested by the accused.
c. There was violation of due process. There is disparity between the
expertise of a public prosecutor and the inexperience of a 2nd year law
student.
d. A 2nd year law student has sufficient knowledge of criminal law and
procedure, hence, he is competent to defend himself.
11.RTC Judge Bell was so infuriated by the conduct of Atty. X who conveniently
absents himself when his clients do not pay his appearance fee in advance.
Atty. X also uses disrespectful and obscene language in his pleadings . . At one
point, when his case was called for hearing, Atty. X did not appear for his client
although he was just outside the door of the court room. Judge Bell directed
the client to summon Atty. X, but the latter refused. Judge Bell then issued an
Order directing Atty. X to explain why no disciplinary action shall be imposed
on him for this misconduct but he refused the directive. Decide.
a. RTC Judge Bell can suspend Atty. X from the practice of law before his
sala.
 b. The case of Atty. X can be dismissed due to non-appearance of counsel
even though the party was present.
c. The hearing of the case should be rescheduled in the interest of justice.
d. The court can admonish the client for the unprofessional conduct of his
lawyer and ask him to change his lawyer.
12.Debbie, topnotcher of their class, is now on her 4th year law studies and has
enrolled in the legal aid clinic of the law school. She was assigned to handle a
domestic violence and support case filed by their client against her husband.
During the hearing, the clinic's supervising attorney introduced Debbie to the
Branch Clerk of Court and then left to oversee another intern. In the midst of
the proceedings, opposing counsel objected to the appearance of Debbie
because she is not yet a lawyer. Decide.
a. Debbie can proceed because the law student practice rule allows a
student who has finished 3rd year of the regular course to appear
without compensation before a trial court.
b. Debbie can proceed since she is appearing only during the trial and did
not sign the pleadings.
c. Debbie cannot proceed without the presence of their clinic's supervising
attorney.
d. Debbie has proven her capability to handle the case and opposing
counsel is objecting only now because he might lose to a law student.
13.Atty. Quiso was the retained counsel for Alfa Security Agency and handled all
the cases involving the company. Adam, the Assistant Manager of the agency,
hired Atty. Quiso when he was sued in an ejectment case. Later, Adam was
fired from the agency. Adam did not return a vehicle and so, Atty. Quiso - as
counsel for the security agency - filed a replevin suit Adam moved for Atty.
Quiso's disqualification considering that the ejectment case is still pending. Is
there conflict of interest?
a. No, the cases are totally unrelated and there is no occasion to unduly
use confidential information acquired from one case in the other.
b. No, Atty. Quiso is duty bound to handle a !I cases of his client, including
the replevin case against Adam.
c. Yes, proscription is against representation of opposing parties who are
present clients or in an unrelated action.
d. Yes, Atty. Quiso must withdraw as counsel for Adam, otherwise he will
lose his retainer
14.Mr. Joseph, owner of an investment house, consulted a friend , Atty. Miro,
about a potential criminal act1on against him because he cannot pay investors
due to temporary liquidity problems. Atty. Miro asked Mr. Joseph to transfer to
him all assets of the firm and he will take charge of settling the claims and
getting quitclaims. A month later, Mr. Joseph was surprised to receive a demand
 letter from Atty. Miro , as counsel for all the claimants , for the pay back of
their investments. After a while, Mr. Joseph received releases and quitclaims
from the investors, with desistance from filing criminal action against him.
Atty. Miro later told Mr. Joseph that he sent the demand letter so he can claim
attorney's fee. Was there a conflict of interest?
a. No, there was no formal engagement of Atty. Miro as counsel for Mr.
Joseph.
b. Yes, by giving legal advice to Mr. Joseph, the latter became a client of
Atty. Miro.
c. No, there is no attorney-client relationship between Mr. Joseph and
Atty.· Miro as no attorney's fee was charged nor paid to the latter.
d. Yes, because Atty. Miro was representing Mr. Joseph when he disposed
the assets to pay off the claims.
15.Atty. Gelly passed the Bar 1n 1975. After taking his oath, he did not enlist in
any IBP chapter because he went to the USA to pursue a Master's Degree.
Eventually, he passed the state bar and specialized in lmmigration law. In 2005.
he returned to the Philippines and was but the IBP is charging him from 1975 up
to the present and threatening him with expulsion if he does not comply. Is the
IBP correct?
a. Atty. Gelly cannot be compelled to pay the IBP dues because he was not
engaged in the practice of law from 1975-2005.
b. Atty. Gelly is exempt from 1975-2005 because he was out of the country.
c. Atty. Gelly should pay the dues from 1975 to the present since
membership in the IBP is compulsary.
d. Atty. Gelly should not pay because the rule on bar integration is
unconstitutional for compelling a lawyer to join an association.
16.Mr. Joey owns a 5-hectare parcel of land which is being expropriated as market
site. The government is offering only Php 15 per sqm while Mr. Joey deserves
Php 20 per sqm. Atty. AI agreed to represent Mr. Joey in the expropriation case
on contingent basis in that his attorney's fees shall be the excess of Php 20 per
sqm. Due to expert handling, the expropriation court awarded Mr. Joey the fair
market value of Php 35 per sqm. Mr. Joey complained to the court that the
attorney's fee being charged is excessive as it amounts to about 63°/o of the
award. Decide.
a. A retainer's agreement, as a contract, has the force of law between the
parties and must be complied with in good faith.
b. It was the excellent handling of the case that resulted in a bigger award;
hence, it is fair that Atty. AI should be rewarded with the excess.
c. Mr. Joey got the desired valuation for his land. So, he must honor his
contract with Atty. AI.
 d. Attorney's fees is always subject to court supervision and may be
reduced by the court based on quantum meruit.
17.Atty. Atras was the counsel for Mr. Abante. Soon after the case was submitted
for decision, Mr. Abante got the files and informed Atty. Atras that he was hiring
another lawyer. On that same day, a copy of the decision was received by Atty.
Atras but he did not do anything anymore. He also' failed to file his withdrawal,
and no appearance was made by the new counsel. When Mr. Abante found out
about the adverse decision, the period to appeal had lapsed. Was service to
Atty. Atras effective?
a. Yes, Atty. Atras is still considered the counsel of record until his
withdrawal of appearance has been actually filed and granted.
b. Service should be done on Mr. Abante because he had already severed
lawyer-client relationship with Atty. Atras.
c. Service should be done on the new counsel as soon as he enters his
appearance.
d. Service upon Atty. Atras is not effective because his services have
already been terminated by the client.
18.Atty. Utang borrowed from Y Php 300,000.00 secured by a post dated check.
When presented, the check was dishonored. Y filed a BP 22 case in court, and a
disbarment complaint with the IBP. In the latter case, Atty. Utang moved for
dismissal as the act has nothing to do with his being. a lawyer and that it is
premature because the case is pending and he is entitled to presumption of
innocence. Should the disbarment complaint be dismissed?
a. No, because lawyers may be disciplined for all acts, whether
professional or private.
b. Yes, there is no conviction yet.
c. Yes, BP 22 does not involve moral turpitude.
d. No, unless he pays the amount of the check to the satisfaction of Y.
19.Atty. Juan Cruz of the Cruz, Cruz and Cruz Law Office personally handled a
damage case of Mr. Gonzalo which resulted in an award of Php 500,000.00. The
writ of execution was served by Sheriff Onoy, but resulted in recovery of only
Php 70,000.00. Mr. Gonzalo was unsatisfied and filed an administrative
complaint. When informed, Sheriff Onoy berated and threatened Mr. Gonzalo;
and for this, the Sheriff was charged with Grave Threat. Atty. Pedro Cruz of the
same Cruz, Ci·uz and Cruz Law Office appeared as defense counsel pro bono.
Mr. Gonzalo seeks his disqualification. Decide.
a. No conflict of interest. The Grave Threat case arose out of a different
factual scenario.
b. There is conflict of interest because both Atty. Juan Cruz and Atty. Pedro
Cruz belong to one law office.
 c. No conflict of interest since the court case was wholly handled by Atty.
Juan Cruz. The law office did not participate in any way.
d. No conflict of interest. No likelihood that information in the civil case
can be used in the criminal case.
20.Atty. Lorna, a legal officer of a government agency, and Chona, a nurse in the
medical department, were best friends. At one time, Chona consulted Atty.
Lorna about a legal matter, revealing that she is living with a married man and
that she has a child out of wedlock fathered by another man. Later, the
relation between Atty. Lorna and Chona soured. When Chona applied for
promotion, Atty. Lorna filed immorality charges against Chona utilizing solely
the disclosure by the latter of her private life. Chona objected and invoked
confidentiality of information from attorney-client relationship. Decide.
a. There is no attorney-client relationship because, being in the
government, Atty. Lorna is disallowed from practicing her profession.
b. No lawyer-client relationship privilege because the information was
given as a friend, and not as a lawyer.
c. Personal secrets revealed to Atty. Lorna for the purpose of seeking legal.
advice is covered by attorney-client privilege.
d. There is no attorney-client relationship because no attorney's fee was
paid to Atty. Lorna.
21.Atty. Nelson recently passed the Bar and wanted to specialize in marine labor
law. He gave out calling cards with his name, address and telephone number in
front, and the following words at the back: "We provide legal assistance to
overseas seamen who are repatriated due to accident, illness, injury, or death.
We also offer FINANCIAL ASSISTANCE." Does this constitute ethical misconduct?
a. No, clients have freedom in the selection of their counsel.
b. No, use of a professional card is a lawful way of announcing his services
as a professional.
c. Yes, because the offer of financial assistance is an undignified way of
luring clients.
d. Yes, because the offer of assistance is stated at the back.
22.Which of these does not constitute competent evidence of identity?
a. Passport;
b. SSS card;
c. Community Tax Certificate;
d. Senior Citizen Card.
23.A recovery of ownership complaint was filed by the Dedo and Dedo Law Firm,
through Atty. Jose Dedo as counsel. During all the phases of trial, it was Atty.
Jose Dedo who appeared. Unfortunately, Atty. Jose Dedo died before
completion of trial. Notices and orders sent to the Dedo and Dedo Law Firm
 were returned to the court with the manifestation that Atty. Dedo already died
and requesting the court to directly send the matters to the client. Is this
proper?
a. No, the law firm- through another lawyer - should continue to appear for
the client.
b. Yes, because the death of the handling lawyer terminates the attorney-
client relationship.
c. Yes, because attorney's fees was not paid to the law firm.
d. No, it will be unjust for the client to pay another lawyer.
24.Which of these is not a ground for disbarment?
a. Conviction of a crime involving moral turpitude.
b. Belligerent disobedience to a lawful order of a trial court.
c. Malpractice or other gross misconduct in office.
d. Grossly immoral conduct.
25.(unread text)
Supreme Court are handled by:
a. Clerk of Court of the Supreme Court
b. Ombudsman
c. Presiding Justice of the Court of Appeals
d. Office of the Court Administrator
26.Atty. Aimee was convicted by final judgment of Estafa Thru Falsification of a
Commercial Document, a crime involving moral turpitude. What is the
appropriate penalty?
a. Disbarment ·
b. Indefinite suspension
c. Suspension for three (3) years
d. Admonition
27.During the IBP Chapter elections, the candidates for President were Atty. EJ, a
labor arbiter of the NLRC, Fiscal RJ of the DOJ and Atty. Gani of the PAO. After
canvass, Fiscal RJ garnered the highest number of votes, followed by Arbiter EJ
and by Atty. Gani. The winning Vice-President moved for the annulment of the
election for President because all the candidates for President are government
officials and are disqualified. Decide.
a. The election for presidency is invalid, and the elected Vice-President
shall assume the Presidency by succession.
b. The election is a failure, and new elections should be held.
 c. Fiscal RJ and Arbiter EJ are disqualified. Atty. Gani should be declared
winner.
d. All the candidates who are government officials are deemed resigned
upon their acceptance of nomination; and so, Fiscal RJ is winner.
28.Atty. Edad is an 85 year old lawyer. He does not practice law anymore.
However, his IBP Chapter continues to send him notices to pay his IBP dues of
more than ten (1 0) years with warning that failure to comply will result in the
removal of his name. Piqued by this, Atty. Edad filed with the IBP Secretary a
sworn letter notifying that he is voluntarily terminating his membership with
the IBP. Should he be allowed?
a. No, because membership in IBP is compulsory for all lawyers.
b. Yes, an erstwhile IBP member may terminate his membership for good
reasons.
c. No, that is only a ploy to evade payment of IBP dues.
d. Yes, it will violate his right not to join an association.
29.Who elects the members of the Board of Governors of the IBP?
a. The Presidents of all IBP Chapters;
b. The members at large of the IBP;
c. The House of Delegates;
d. The Past Presidents of all IBP chapters.
30.Who elects the President and Vice-President of the IBP?
a. The President of all IBP Chapters;
b. The IBP members voting at large;
c. The Board of Governors;
d. The outgoing IBP officers.
31.A judge or judicial officer is disqualified to hear a case before him wherein a
party is related to him by consanguinity or affinity -
a. up to the 6th degree;
b. up to the 5th degree;
c. up to the 4th degree;
d. up to the 3rd degree.
32.A judge or judicial .officer should inhibit himself from hearing a case before
him where the counsel for either party is a relative by consanguinity or affinity
-
a. up to the 3rd degree;
b. up to the 4th degree;
c. up to the 5th degree;
 d. up to the 6th degree.
33.Victor has been legally separated from his wife, Belen for fifteen (15) years. He
has found true love and happiness with Amor and they lived together as
husband and wife. Amor convinced Victor to study law and gave him financial
support. Recently, Victor passed the 2011 Bar Examinations. Upon knowing this,
Belen filed a complaint against Victor for immorality. Should Victor be allowed
to take oath as an attorney?
a. Yes, his relationship with Amor is imbued with genuine love and cannot
be considered immoral and indecent.
b. Yes, legal separation does not allow the spouses to remarry.
c. No, because legal separation does not dissolve the marriage and,
therefore, Victor's relationship with Amor is still considered illicit.
d. Yes, it is totally unfair for Belen to complain since they have lived
separate lives.
34.Judge Nacy personally witnessed a vehicular accident near his house. Later, the
Reckless Imprudence case was raffled to his sala. Is there a valid ground for his
inhibition?
a. No. he is not acquainted nor related with any of the parties or lawyer.
b. No, his personal knowledge of what actually happened will even ensure
that he will decide the case justly on the basis of the true facts.
c. Yes, because a judge should decide a case on the basis of the evidence
presented before him and not on extraneous matters.
d. No, because there is no ground for disqualification and no motion for
inhibition.
35.Judge Ramon obtained a two (2) year car loan from a financing company. He
never paid a single amortization. After the lapse of two (2) years, the financing
company filed an administrative complaint against the judge for willful failure
to pay a just debt. Is the judge administratively liable?
a. No, since the loan is not connected with his judicial function.
b. Yes, because a judge should avoid impropriety or the appearance of
impropriety even in his private dealings.
c. No, the financing company should have availed of the remedy of
foreclosure.
d. No, because the administrative charge is only meant to force the judge
to pay.
36.Bong, son of Judge Rey, is a fourth year law student. He helped his friend
prepare an affidavit-complaint for Violation of Batas Pambansa Big. 22. After
drafting, they showed it to Judge Rey who made some corrections. Later, the
BP 22 case was raffled to Judge Rey who tried and convicted the accused. Was
there impropriety?
 a. Yes, since Judge Rey was not a fair and impartial judge.
b. No, the evidence for the prosecution was strong and sufficient to prove
guilt beyond reasonable doubt.
c. No, because any other judge would also have convicted the accused.
d. No, those matters were not known to the accused.
37.Atty. Fred is a law practitioner and headed a law firm bearing his name and
those of his partners. When Atty. Fred was elected as Congressman, his client's
needs were handled by the other partners. Later, A, a newly proclaimed
congressman-friend , faced an election protest before the HRET, and sought the
help of Congressman Fred who immediately directed his law firm to appear for
A. 8, the protestant, sought the disqualification of Congressman Fred's law firm
from appearing before the HRET because Congressman Fred is prohibited from
practicing his profession. Decide.
a. Yes, Congressman Fred's law firm is disqualified because Congressman
Fred may exercise undue influence on his peers who are members of
HRET.
b. No, the law firm is not disqualified because it is another partner, and not
Congressman Fred who is appearing.
c. No, the prohibition is on Congressman Fred from personally appearing,
and not to his partners.
d. Yes, the spirit of the prohibition is clearly to avoid influence and cannot
be indirectly circumvented.
38.Vice-Mayor Ron is a well-loved law practitioner because he assists his
constituents, especially the indigents. Ed, one of his friends who is employed as
Cashier in the Register of Deeds, sought his assistance because he was charged
with Malversation in court. Can Vice-Mayor Ron appear as counsel of Ed?
a. Yes, members of the Sanggunian are allowed to practice their profession.
b. No, because Ed is charged with an offense in relation to his office.
c. Yes, since the position of Ed does not pertain to the local government.
d. No, because all criminal cases are against the government.
39.Atty. Noe was elected Vice-Governor and continued with his law practice.
Later, the governor went on sick leave for one (1) year and Atty. Noe was
designated as Acting Governor. Since hearings have already been set, can Atty.
Noe continue appearing as counsel in the cases handled by him?
a. Yes, because his election is only as Vice-Governor, and his delegation as
Governor is only temporary.
b. Yes, but only for the hearings that have already been set.
c. Yes, provided Atty. Noe seeks the permission of DILG.
 d. No, all governors- even under acting capacity- are prohibited from
exercising their profession.
40.Atty. Dude is the COMELEC Officer in a very distant municipality. He is. the only
lawyer in that area. When election period is over, he has much spare time.
Many people go to him for counseling, legal advice, preparation of documents
of Sale, Mortgage and the like. He does not charge a fee in money, but he
receives gifts which are offered. Is there impropriety?
a. Yes, giving legal advice and preparing legal documents, even if free,
constitutes private practice of law, which is prohibited of government
employees.
b. No, it is only giving of advices, and not court appearance.
c. Yes, because Atty. Dude accepts gifts.
d. No, since Atty. Dude does not accept money.
41.A notary public is required to record chronologically the notarial acts that he
performs in the:
a. Notarial Book;
b. Roll of Documents Notarized;
c. Notarial Register;
d. Notarial Loose Leafs Sheets.
42.A party to a contract does not know how to write. Neither can he affix his
thumbmark because both hands were amputated. How will that person execute
the contract?
a. Ask the party to affix a mark using the toe of his foot in the presence of
the notary public and two (2) disinterested and unaffected witnesses to
the instrument.
b. Ask the party to hold the pen with his teeth and affix a + mark to be
followed by the signature of one friend.
c. The party may ask the notary public to sign in his behalf.
d. None of the above.
43.The reports of a Notary Public are submitted to the:
a. Executive Judge;
b. Court Administrator;
c. Notarial Archives;
d. Clerk of Court.
44.Atty. Tony is a 25 year old Filipino lawyer. He has been a resident in Paranaque
City for about ten (1 0) years and holds office in his residence. He filed a
petition for appointment as Notary Public in Paranaque and has clearance from
the I BP and the Bar Confidant. However, it appears that while still a college
 student, he was convicted by a Laguna Court for Reckless Imprudence Resulting
in Damage to Property. During the summary hearing of his petition, the
offended party therein strongly objected on that ground. Can Atty. Tony be
appointed?
a. No, because he has a previous criminal record.
b. No, because of the opposition.
c. Yes, the offense of Reckless Imprudence does not involve moral
turpitude.
d. Yes, since the Reckless Imprudence case did not happen in the
jurisdiction where Atty. Tony is applying.
45.What is the effect when the parties to a document acknowledged before a
notary public did not present competent evidence of identity?
a. Voidable;
b. Valid;
c. Invalid Notarization;
d. Unenforceable.
46.The petition for appointment as a notary public should be filed with:
a. The Office of the Court Administrator;
b. The Clerk of Court;
c. The MeTC Executive Judge;
d. The RTC Executive Judge.
47.What is a retaining lien?
a. The lawyer who handled the case during the trial stage should continue
to be retained up to the appeal.
b. The right of the lawyer to be retained as counsel for a party until the
entire case is finished.
c. The right of a lawyer who is discharged or withdrawn to keep the
records and property of the client in his possession until his lawful
services have been paid.
d. The prerogative of a client's retainer to recover out-of-pocket expenses.
48.For grave misconduct, a lawyer was suspended from the practice of law
indefinitely. Is he still obliged to pay his IBP dues during his suspension?
a. Yes, as he continues to be a lawyer and a member of the IBP.
b. No, because indefinite suspension is practically disbarment.
c. No need to pay IBP dues because he cannot practice anyway.
d. Pay only after the lifting of the suspension, if it comes.
 49.Because of his political beliefs, Atty. Guerra joined a rebel group. Later, he was
apprehended and charged with Rebellion in court. A disbarment case was also
filed against him. While the case was pending, the government approved a
general amnesty program and Atty. Guerra applied for and was granted
amnesty. Should the disbarment case be also dismissed automatically?
a. Yes, because amnesty obliterates the criminal act.
b. No, disciplinary action on lawyers are sui generis and general penal
principles do not strictly apply.
c. No, a lawyer has the duty to maintain allegiance to the Republic of the
Philippines and to support the Constitution and obey the laws of the
Philippines.
d. Yes, if the Secretary of Justice approves the dismissal.
50.Soon after Atty. Cesar passed the Philippine Bar in 1975, he also took the New
York State Bar and passed the same. He practiced law for 25 years in the USA,
but he was disbarred therein for insurance fraud. He returned to the
Philippines and started to practice law. X, who knew about his New York
disbarment, filed a disbarment complaint with the IBP. Decide.
a. The factual basis for the New York disbarment which is deceitalso
constitutes a ground for disbarment in the Philippines.
b. The acts complained of happened in a foreign country and cannot be
penalized here.
c. Norms of ethical behavior of lawyers are the same worldwide.
d. A lawyer's fitness to become a lawyer must be maintained wherever he
may be.
- NOTHING FOLLOWS -
HAND IN YOUR ANSWER SHEET.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.

2012 BAR EXAMINATIONS


LEGAL ETHICS AND PRACTICAL EXERCISES

28 October 2012 2:30 P.M. - 5:00 P.M.

Set B
INSTRUCTIONS
The following questionnaire consists of FIFTEEN (15) pages, including this page.
You are presented with a hypothetical case trial scenario plus research materials
(provisions of law and jurisprudence) that you may want to use in your work. These
materials are designed to provide sufficient basis for your Memorandum. But you are
free to include such laws, rules and principles not provided that you feel will enhance
your work. Some of these materials may be irrelevant. Consequently, use your
judgment in writing only what is relevant to the position you take.
You are given three things: (a) the case trial scenario, (b) a Draft Pad and (c) Answer
Pad. You are free to jot notes or place helpful markings like underlines on the case
trial scenario and the enclosed materials. Use the Draft Pad for making a draft of your
Memorandum as this will permit you to freely edit and rewrite your work. Editing and
rewriting are essential to sound Memorandum Writing.
Budget your time well. The bells will be rung three times. First bell will be rung one
hour before the end of the exam to signal the need for you to begin transferring your
work to your Answer Pad. Second bell will be rung 15 minutes before the end of the
exam to allow you to wrap up your work. And the third bell will be rung to signal the
end of the exam. The Answer Pad will be collected whether you are finished or not.
The time pressure is part of the exam.
You may prefer to skip the preparation of a draft and write your Memorandum directly
on your Answer Pad. That is allowed.
Quality of writing, not length, is desired.
Corrections even on your final Memorandum on the Answer Pad are allowed and will
not result in any deduction. Still, it is advised that you write clearly, legibly and in an
orderly manner.
You will not be graded for a technically right or wrong Memorandum but for the
quality of your legal advocacy.
The test is intended to measure your skills in:
1. communicating in English - 20%;
2. sorting out and extracting the relevant facts - 15%;
3. identifying the issue or issues presented- 15%; and
4. constructing your arguments in support of your point of view - 50%.
HAND IN YOUR ANSWER PAD. THERE IS NO NEED TO RETURN THE DRAFT PAD AND THIS
QUESTIONNAIRE TO THE HEAD WATCHER.
GOODLUCK!!!
_____________________________________

MARTIN S. VILLARAMA, JR.

Chairperson

2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS FIFTEEN (15) PAGES INCLUDING THESE
(INSTRUCTIONS) PAGES.
WARNING: NOT FOR SALE OR UNAUTHORIZED USE

LEGAL ETHICS AND PRACTICAL EXERCISES

Mr. Henry Chao is charged before the Metropolitan Trial Court (MeTC) Manila with five
(5) counts of Violation of Batas Pambansa Big. 22 (B.P. 22). Consider the factual
scenario from the testimonies of complainant Mr. Ben Que and accused Mr. Henry
Chao.
Assume to be the Defense Counsel and prepare a MEMORANDUM FOR THE ACCUSED
for your client, Mr. Henry Chao.
Testimony of Mr. Ben Que

(After the cases were called for joint trial)
P. Prosecutor   :   Good Morning, Your Honor. Appearing for the prosecution. Ready.
D. Counsel   :   Good Morning, Your Honor. Appearing as counsel for the accused.
Ready.
P. Prosecutor   :   We are calling to the witness stand, the complainant, Mr. Ben Que,
who will prove the commission of the offense.
Court Staff   :   Mr. Ben Que, do you swear to tell the truth, the whole truth and
nothing but the truth in this proceeding?
Witness   :   Yes, sir.
Court Staff   :   State your name, age, status and other personal circumstances.
Witness   :   I am Ben Que, 60 years old, married, and a resident of 123 Tridalo Street,
Mandaluyong City
P. Prosecutor   :   Mr. Que, do you know Mr. Henry Chao who is the accused in this case
and, if so, under what circumstances?
Witness   :   Yes, sir. He is the Manager of Atlas Parts. Last June 01, 2011, accused
borrowed from me the amount of P 50,000.00, with 5°/o monthly interest, payable in
five (5) equal monthly installments of P 12,500.00. He said that the money will be
used to pay for their stocks.
P. Prosecutor   :   Did you execute a document to evidence your transaction?
Witness   :   As per our agreement, he issued and delivered to me five ( 5) checks.
D. Counsel   :   Your Honor, please. For the record, I take exception to the statement
of the witness that he received checks from the accused. If we closely examine these
instruments, it will show that they are NOW slips, that is , Negotiable Order of
Withdrawal slips. These are not bills of exchange within the meaning of the
Negotiable Instruments Law, and therefore, cannot be considered as checks.
P. Prosecutor   :   Your Honor, they are still bank instruments. Complainant Mr. Que
specifically required the issuance of checks to facilitate and ensure the payment of
the obligation, and the accused issued and delivered them for that purpose. Violation
of the Bouncing Checks Law is malum prohibitum. The law was enacted to maintain
faith in bank instruments for utilization in commercial transactions. We have to apply
the spirit of the law.
COURT   :   Observation noted.
P. Prosecutor   :   When and where did the accused execute and hand over to you
these five (5) instruments?
Witness   :   On June 01, 2011, at my house in Mandaluyong City, after I gave him in
cash the P 50,000.00 that he loaned.
P. Prosecutor   :   And where are these instruments now?
Witness   :   Here sir. (Witness handling them to the prosecutor.)
P. Prosecutor   :   May I manifest for the record the observation that the instruments
are of the same size and material as the normal checks and have these check-like
features:

NOW Account No. 123456 No. 0001

Atlas Parts Date: July 1, 2011
PAY TO: Mr. Ben QueP 12,500.00
PESOS: Twelve Thousand Five Hundred Pesos  
  Sgd. Henry Chao
Alloy Bank

Pasong Tamo Branch

Makati  

P. Prosecutor   :   Do you know whose signature is that appearing on the lower right
side of this instrument and all the four (4) others, as well?
Witness   :   Those are the signatures of the accused Henry Chao. I personally saw him
sign them and thereafter, handed the five (5) instruments to me.
P. Prosecutor   :   May I request that No. 0001 dated July 1, 2011 in the amount
of P 12,500.00 be marked as Exhibit A for the prosecution; No. 0002 dated August 1,
2011 also in the same amount as Exhibit B; No. 0003 dated September 2, 2011 as
Exhibit C; No. 0004 dated October 1, 2011 as Exhibit D; and No. 0005 dated November
1, 2011 as Exhibit E.
COURT   :   Mark them as requested.
P. Prosecutor   :   What did you do with these instruments which represented the
installment payments of accused for his loan obligation?
Witness   :   On their respective due dates, I deposited each of them to my Savings
Account at BOD Bank, Manila City Hall Branch in Manila, but all of them were
dishonored by the drawee, Alloy Bank, for the reason "Account Closed."
P. Prosecutor   :   What proof do you have that these instruments were dishonored?
Witness   :   I received several debit advices from BOD Bank together with the
returned slips with a stamp at the back stating as follows:
 



DISHONORED/RETURNED
Reason: Account Closed


Officer: Mr. M


P. Prosecutor   :   May I request that the stamps of dishonor and the reason "Account
Closed" appearing at the back of each instrument be correspondingly marked as
Exhibits A-1 to E-1, respectively.
COURT   :   Mark them accordingly.
D. Counsel   :   I move to strike out this particular testimony for being hearsay. This
witness is not competent to testify on these matters pertaining to bank records.
COURT   :   Does the defense deny that all five (5) instruments were dishonored and
returned to the witness?
D. Counsel   :   No, Your Honor. But these matters should be testified on by the bank
personnel.
COURT   :   Motion to strike is denied.
P. Prosecutor   :   What action did you take?
Witness   :   After each dishonor, I personally went to Mr. Chao and demanded that he
make good his commitment, but he merely ignored my demands.
P. Prosecutor   :   What did you do then after all the five (5) instruments were
dishonored and your demands ignored?
Witness   :   I consulted a lawyer and he advised me to send a formal demand letter to
the accused, which I did. On January 2, 2012, I sent the letter by registered mail to
Mr. Henry Chao to his office address at 007 Malugay Street, Malabon City giving him
five (5) days to make good his promise. 

Here is the registry receipt.
P. Prosecutor   :   I request that the demand letter be marked as Exhibit F and that
the Registry Receipt No. 321 dated January 2, 2012 posted at Mandaluyong City Post
Office be marked as Exhibit G for the prosecution.
COURT   :   Mark it then.
P. Prosecutor   :   Do you know if accused actually received your letter sent by
registered mail?
Witness   :   I assumed that he had received it because the registered letter was not
returned to me.
D. Counsel   :   I take exception to that statement. Your Honor, because jurisprudence
require actual receipt by the drawer of the demand before any criminal liability can
attach.
P. Prosecutor   :   May I clarify, Your Honor, that the five (5) days from notice of
dishonor given to the drawer of a check to make arrangement for payment by the
drawee of the amount of the dishonored checks is to forestall the existence of a
prima facie evidence of knowledge of the insufficiency of funds. But here, the reason
of the dishonor is "Account Closed," and not just insufficiency of funds. In short, there
is actual proof of lack of credit with drawee bank. The account is already closed and
accused cannot even make a deposit anymore.
COURT   :   The manifestation is noted.
P. Prosecutor : Has the accused paid the amounts covered by the dishonored
instruments?
Witness   :   No, sir. He has arrogantly refused to make any payment.
P. Prosecutor   :   No further questions.
COURT   :   Cross.
D. Counsel   :   With the Court's permission. You earlier stated that accused Henry
Chao is the Manager of Atlas Parts and that the money borrowed was used to pay for
their stocks, is that correct?
Witness   :   Yes, sir. That is what he told me.
D. Counsel   :   So, it is clear that the money loaned from you was not used by the
accused for his benefit?
Witness   :   I do not know how he used it. The fact is that I lent the money to him.
D. Counsel   :   Regarding the demand letter that you allegedly sent to accused, do
you have the registry return card showing that accused received the letter?
Witness   :   No, sir. But I have the registry receipt. Since the letter was not returned
to sender, it is presumed that it was received by the addressee.
D. Counsel   :   Is it not a fact that you have filed another collection suit against Atlas
Parts seeking to recover the same P 50,000.00 covered by the dishonored slips?
Witness   :   Yes, sir. That is true because I want to recover my money from either of
them.
D. Counsel   :   No further questions, Your Honor.
Testimony of Mr. Henry Chao

(After oath and formal of fer of testimony.)
D. Counsel   :   Do you own NOW Account No. 123456 maintained at Alloy Bank, Pasong
Tamo Branch?
Witness   :   No, sir. That is owned by my employer Atlas Parts and, as the Manager, I
am the signatory.
D. Counsel   :   Mr. Chao, in June 2011 when you issued the dishonored NOW slips, did
you derive any personal benefit from the amount loaned?
Witness   :   No, sir. The money was used to pay an account payable.
D. Counsel   :   During the due dates of the NOW slips that you issued to Mr. Que, were
you still the Manager of Atlas Parts?
Witness   :   Not anymore, sir, because in the middle of June 2011, I resigned as
Manager, and I was not aware of the dishonor.
D. Counsel   :   Did you receive the demand letter sent to you by Mr. Que after the
dishonor?
Witness   :   No, sir.
COURT   :   Cross?
P. Prosecutor   :   With the kind permission of the Court. Mr. Chao, is it not a fact that
Mr. Que specifically required you to issue checks to pay the monthly installment of the
loan?
Witness   :   Yes, sir.
P. Prosecutor   :   You will agree with me that without those five (5) checks, or NOW
slips as you call them, Mr. Que will not lend money to you?
Witness   :   Yes, sir.
P. Prosecutor   :   You will also agree that the demand letter of Mr. Que was delivered
to yo'ur office address because that is the address that you gave to Mr. Que in
connection with your transaction?
Witness : Yes, sir. That is possible, but I was not able to receive it because I had
already resigned and I could not do anything anymore.
P. Prosecutor   :   That is all, Your Honor.
LAWS AND JURISPRUDENCE
A. BATAS PAMBANSA BLG. 22
AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT
SUFFICIENT FUNDS OR CREDITS AND FOR OTHER PURPOSES.
Section 1. Checks without sufficient funds. - Any person who makes or draws and
issues any check to apply on account or for value, knowing at the time of issue that
he does not have sufficient funds in or credit with the drawee bank for the payment
of such check in full upon its presentment, which check is subsequently dishonored by
the drawee bank for insufficiency of funds or credit or would have been dishonored
for the same reason had not the drawer, without any valid reason, ordered the bank
to stop payment, shall be punished by imprisonment of not less than thirty (30) days
but not more then one (1) year or by a fine of not less than but not more than double
the amount of the check which fine shall in no case exceed Two Hundred Thousand
Pesos, or both such fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who, having sufficient funds in or
credit with the drawee bank when he makes or draws and issues a check, shall fail to
keep sufficient funds or to maintain a credit to cover the full amount of the check if
presented within a period of ninety (90) days from the date appearing thereon, for
which reason it is dishonored by the drawee bank.
Where .the check is drawn by a corporation, company or entity, the person or persons
who actually signed the check in behalf of such drawer shall be liable under this Act.
Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and
issuance of a check, payment of which is refused by the drawee because of
insufficient funds in or credit with such bank when presented within ninety (90) days
from the date of the check, shall be prima facie evidence of knowledge of such
insufficiency of funds or credit unless such maker or drawer pays the holder thereof
the amount due thereon, or makes arrangements for payment in full by the drawee of
such check within five (5) banking days after receiving notice that such check has not
been paid by the drawee.
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of
any check, when refusing to pay the same to the holder thereof upon presentment, to
cause to be written, printed, or stamped in plain language thereon, or attached
thereto, the reason for drawee's dishonor or refusal to pay the same. Provided, that
where there are no sufficient funds in or credit with such drawee bank, such fact shall
always be explicitly stated in the notice of dishonor or refusal. In all prosecutions
under this Act, the introduction in evidence of any unpaid and dishonored check,
having 'the drawee's refusal to pay stamped or written thereon or attached thereto,
with the reason therefor as aforesaid, shall be prima facie evidence of the making or
issuance of said check, and the due presentment to the drawee for payment and the
dishonor thereof, and that the same was properly dishonored for the reason written,
stamped or attached by the drawee on such dishonored check.
Notwithstanding receipt of an order to stop payment, the drawee shall state in the
notice that there were no sufficient funds in or credit with such bank for the payment
in full of such check, if such be the fact.
B. NEGOTIABLE INSTRUMENTS LAW
ACT NO. 2031

AN ACT ENTITLED "THE NEGOTIABLE INSTRUMENTS LAW."
Section 1. Form of negotiable instruments. - An instrument to be negotiable must
conform to the following requirements:
(a) It must be in writing and signed by the maker or drawer;
(b) Must contain an unconditional promise or order to pay a sum certain in money;
(c) Must be payable on demand, or at a fixed or determinable future time;
(d) Must be payable to order or to bearer; and
(e) Where the instrument is addressed to a drawee, he must be named or otherwise
indicated therein with reasonable certainty.
Section 126. Bill of exchange, defined. - A bill of exchange is an unconditional order
in writing addressed by one person to another, signed by the person giving it,
requiring the person to whom it is addressed to pay on demand or at a fixed or
determinable future time a sum certain in money to order or to bearer.
Section 185. Check, defined. - A check is a bill of exchange drawn on a bank payable
on demand. Except as herein otherwise provided, the provisions of this Act applicable
to a bill of exchange payable on demand apply to a check.
C. RULES OF COURT
RULE 132
Section 34. Offer of evidence. - The court shall consider no evidence which has not
been formally offered. The purpose for which the evidence is offered must be
specified.
Section 35. When to make offer. - As regards the testimony of a witness, the offer
must be made at the time the witness is called to testify.
Documentary and object evidence shall be offered after the presentation of a party's
testimonial evidence. Such offer shall be done orally unless allowed by the court to be
done in writing.
JURISPRUDENCE
Isip vs. People

G. R. No. 170298, June 26, 2007, 525 SCRA 735
The concept of venue of actions in criminal cases, unlike in civil cases, is
jurisdictional. The place where the crime was committed determines not only the
venue of the action but is an essential element of jurisdiction. It is a fundamental
rule that for jurisdiction to be acquired by courts in criminal cases, the offense should
have been committed or any one of its essential ingredients should have taken place
within the territorial jurisdiction of the court. Territorial jurisdiction in criminal cases
is the territory where the court has jurisdiction to take cognizance or to try the
offense allegedly committed therein by the accused. Thus, it cannot take jurisdiction
over a person charged with an offense 13llegedly committed outside of that limited
territory. Furthermore, the jurisdiction of a court over the criminal case is
determined by the allegations in the complaint or information. And once it is so
shown, the court may validly take cognizance of the case. However, if the evidence
adduced during the trial shows that the offense was committed somewhere else, the
court should dismiss the action for want of jurisdiction.
Alferez vs. People

G.R. No. 182301, January 31, 2011, 641 SCRA 116
In this case, the prosecution merely presented a copy of the demand letter, together
with the registry receipt and the return card allegedly sent to petitioner. However,
there was no attempt to authenticate or identify the signature on the registry return
card. Receipts for registered letters and return receipts do not by themselves prove
receipt ; they must be properly authenticated to serve as proof of receipt of the
letter, claimed to be a notice of dishonor. To be sure, the presentation of the registry
card with an unauthenticated signature, does not meet the required proof beyond
reasonable doubt that petitioner received such notice. It is not enough for the
prosecution to prove that a notice of dishonor was sent to the drawee of the check ..
The prosecution must also prove actual receipt of said notice, because the fact of
service provided for in the law is reckoned from receipt of such notice of dishonor by
the drawee of the check. The burden of proving notice rests upon the party asserting
its existence. Ordinarily, preponderance of evidence is sufficient to prove notice. In
criminal cases, however, the quantum of proof required is proof beyond reasonable
doubt. Hence, for B. P. Big. 22 cases, there should be clear proof of notice. Moreover,
for notice by mail, it must appear that the same was served on the addressee or a
duly authorized agent of the addressee. From the registry receipt alone, it is possible
that petitioner or his authorized agent did receive the demand letter. Possibilities,
however, cannot replace proof beyond reasonable doubt. The consistent rule is that
penal statutes have "to be construed strictly against the State and liberally in favor of
the accused. The absence of a notice of dishonor necessarily deprives the accused an
opportunity to preclude a criminal prosecution. As there is insufficient proof that
petitioner received the notice of dishonor, the presumption that he had knowledge of
insufficiency of funds cannot arise.
Lozano vs. Hon. Martinez

G.R. Nos. L-63419, L-66839-42, L-71654, L-74524-25, L-75122-49, L-75812-13,
L-75765-67 and L-75789, December 18, 1986, 146 SCRA 323
The gravemen of the offense punished by B.P. 22 is the act of making and issuing a
worthless check or a check that is dishonored upon its presentation for payment. It is
not the non-payment of an obligation which the law punishes. The law is not intended
or designed to coerce a debtor to pay his debt. The thrust of the law is to prohibit,
under pain of penal sanctions, the making of worthless checks and putting them in
circulation. Because of its deleterious effects on the public interest, the practice is
proscribed by law. The law punishes the act not as an offense against property, but an
offense against public order.
Ambito vs. People

G.R. No. 127327, February 13, 2009, 579 SCRA 69
The mere act of issuing· a worthless check - whether as a deposit, as a guarantee or
even as evidence of pre-existing debt - is malum prohibitum.
Under B.P. Big. 22, the prosecution must prove not only that the accused issued a
check that was subsequently dishonored. It must also establish that the accused was
actually notified that the check was dishonored, and that he or she failed, within five
(5) banking days from receipt of the notice, to pay the holder of the check the
amount due thereon or to make arrangement for its payment. Absent proof that the
accused received such notice, a prosecution for violation of the Bouncing Checks Law
cannot prosper.
The absence of a notice of dishonor necessarily deprives an accused an opportunity to
preclude a criminal prosecution. Accordingly, procedural due process clearly enjoins
that a notice of dishonor be actually sent to and received by the accused. The
accused has a right to demand - and the basic postulates of fairness require-- that the
notice of dishonor be actually sent to and received by the same to afford him/her the
opportunity to avert prosecution under B.P. Big. 22.
Gosiaco vs. Ching

G.R. No. 173807, April 16, 2009, 585 SCRA 471
B.P. Big. 22 imposes a distinct civil liability on the signatory of the check which is
distinct from the civil liability of the corporation for the amount represented from the
check. The civil liability attaching to the signatory arises from the wrongful act of
signing the check despite the insufficiency of funds in the account, while the civil
liability attaching to the corporation is itself the very obligation covered by the check
or the consideration for its execution. Yet these civil liabilities are mistaken to be
indistinct. The confusion is traceable to the singularity of the amount of each.
If we conclude, as we should, that under the current Rules of Criminal Procedure, the
civil action that is impliedly instituted in the B.P. Big. 22 action is only the civil
liability of the signatory, and not that of the corporation itself, the distinctness of the
cause of action against the signatory and that against the corporation is rendered
beyond dispute. It follows that the actions involving these liabilities should be
adjudged according to their respective standards and merits. In the . B. P. Big. 22
case, what the trial court should determine is whether or not the signatory had signed
the check with knowledge of the insufficiency of funds or credit in the bank account,
while in the civil case the trial court should ascertain whether or not the obligation
itself is valid and demandable. The litigation
of both questions could, in theory, proceed independently and simultaneously without
being ultimately conclusive on one or the other.
- END -
- NOTHING FOLLOWS -
HAND IN YOUR ANSWER PAD.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.
 INSTRUCTIONS
1. This Questionnaire contains SEVENTEEN (17) pages including these Instructions
pages. Check the number of pages and the page numbers at the upper right hand
corner of each page of this Questionnaire and make sure it has the correct number
of pages and their proper numbers.
There are TEN (10) Essay Questions numbered I to X, and TWENTY (20) Multiple
Choice Questions (MCQs)numbered I to XX, to be answered within four (4) hours.
The essay portion contains questions that are worth 80% of the whole examination,
while the MCQ portion contains questions worth 20%.
2. Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only at
the front, not the back, page of every sheet in your Examination Notebook. Note
well the allocated percentage points for each number, question, or sub-question. In
your answers, use the numbering system in the questionnaire.
If the sheets provided in your Examination Notebook are not sufficient for your
answers, use the back pages of every sheet of your Examination Notebook, starting
at the back page of the first sheet and the back of the succeeding sheets thereafter.
3. Answer the Essay questions legibly, clearly, and concisely. Start each number 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.
Your answer should demonstrate your ability to analyze the facts presented by the
question, to select the material from the immaterial facts, and to discern the points
upon which the question turns. It should show your knowledge and understanding of
the pertinent principles and theories of law involved and their qualifications and
limitations. It should demonstrate your ability to apply the law to the given facts,
and to reason logically in a lawyer-like manner to a sound conclusion from the given
premises.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will
not be given any credit. Thus, always briefly but fully explain your answers although
the question does not expressly ask for an explanation. At the same time, remember
that a complete explanation does not require that you volunteer information or
discuss legal doctrines that are not necessary or pertinent to the solution to the
problem. You do not need tore-write or repeat the question in your Examination
Notebook.
4. MCQs are to be answered by writing in your Examination Notebook the capital
letter (A, B, C, D, or E) corresponding to your chosen answer. The MCQ answers
should begin in the page following the last page of your essay answers.
There is only one correct answer to every MCQ; choose the BEST answer from among
the offered choices. Note that some MCQs may need careful analysis both of the
questions and the choices offered.
5. Make sure you do not write your name or any extraneous note/s or distinctive
marking/s on your Examination Notebook that can serve as an identifying mark/s
 COVERAGE

LEGAL AND JUDICIAL ETHICS

2014 BAR EXAMINATIONS
I. LEGAL ETHICS
A. Practice of law (Rule 138)
1. Concept
a) Privilege
b) Profession, not business
2. Qualifications
3. Appearance of non-lawyers
a) Law student practice (Rule 138-A)
b) Non-lawyers in courts
c) Non-lawyers in administrative tribunals
d) Proceedings where lawyers are prohibited from appearing
4. Sanctions for practice or appearance without authority
a) Lawyers without authority
b) Persons not lawyers
5. Public officials and practice of law
a) Prohibition or disqualification of former government attorneys
b) Public officials who cannot practice law or with restrictions
6. Lawyers authorized to represent the government
7. Lawyer’s oath
B. Duties and responsibilities of a lawyer
1. To society
a) Respect for law and legal processes
b) Efficient and convenient legal services
c) True, honest, fair, dignified and objective information on legal
services
d) Participation in the improvement and reforms in the legal
system
e) Participation in legal education program
2. To the legal profession
a) Integrated Bar of the Philippines (Rule 139-A)
(i) Membership and dues
b) Upholding the dignity and integrity of the profession
c) Courtesy, fairness and candor towards professional colleagues
d) No assistance in unauthorized practice of law
 2010 BAR EXAMINATION QUESTION 
LEGAL ETHICS and PRACTICAL EXERCISES
26 September 2010 2 P.M. – 5 P.M.
 INSTRUCTIONS
This questionnaire is in TWO (2) PARTS: Part I with eleven (11) questions (numbered I
to XI) contained in six (6) pages; and Part II with eleven (11) questions (numbered XII
to XXII), contained in five (5) pages, for a total number of eleven (11) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the
booklet.
Begin your answer to each numbered question on a separate page; an answer to a
sub-question/s under the same number may be written continuously on the same
page and succeeding pages until completed.
Answer the question directly and concisely. Do not repeat the question. Write
legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________

CONCHITA CARPIO MORALES

CHAIRPERSON

2010 BAR EXAMINATIONS COMMITTEE



PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS PAGE).



WARNING: NOT FOR SALE OR UNAUTHORIZED USE

LEGAL ETHICS AND PRACTICAL EXERCISES
PART I
I
Prepare the following:
a. Verification and Certification against Forum Shopping. (5%)
b. Petition for Letters Rogatory. (5%)
II
Enumerate the instances when a Notary Public may authenticate documents without
requiring the physical presence of the signatories. (2%)
III
Atty. Y, in his Motion for Reconsideration of the Decision rendered by the National
Labor Relations Commission (NLRC), alleged that there was connivance of the NLRC
Commissioners with Atty. X for monetary considerations in arriving at the questioned
Decision. He insulted the Commissioners for their ineptness in appreciating the facts
as borne by the evidence presented.
Atty. X files an administrative complaint against Atty. Y for using abusive language.
 2011 BAR EXAMINATION IN
LEGAL ETHICS
(With Suggested Answers)

1. Atty. Mike started teaching Agrarian Reform and Taxation in June 2001 at the
Arts and Sciences Department of the Far Eastern University. In 2005, he
moved to San Sebastian Institute of Law where he taught Political Law. Is
Atty. Mike exempt from complying with the MCLE for the 4th compliance
period in April 2013?

A. No, since he has yet to complete the required teaching experience

to be exempt.
B. No, because he is not yet a bar reviewer.
C. Yes, since by April 2013, he will have been teaching law for more than
10 years.
D. Yes, since he updated himself in law by engaging in teaching.

2. The acknowledgment appearing in a deed of sale reads: “Before me

personally appeared this 30 August 2010 Milagros A. Ramirez, who proved
her identity to me through witnesses: 1. Rosauro S. Balana, Passport
UU123456; 1-5-2010/ Baguio City; and 2. Elvira N. Buela, Passport
VV200345; 1-17-2009/ Manila.

“Both witnesses, of legal ages, under oath declare that: Milagros A. Ramirez
is personally known to them; she is the same seller in the foregoing deed of
sale; she does not have any current identification document nor can she
obtain one within a reasonable time; and they are not privy to or are interested
in the deed he signed.” What is the status of such a notarial
acknowledgment?

A. Questionable since the notary public is not shown to personally know

the principal party.
B. Ineffective since it included parties not privy to the deed.
C. Invalid since the evidence of identity is non-compliant with the notarial
rules.
D. Valid since it is a manner of establishing the identity of the person
executing the document.

3. Atty. Francisco’s retainer agreement with RXU said that his attorney's fees in
its case against CRP "shall be 15% of the amounts collected." Atty. Francisco
asked the trial court to issue a temporary restraining order against CRP but
this was denied, prompting him to file a petition for certiorari with the Court of
Appeals to question the order of denial. At this point, RXU terminated Atty.
Francisco’s services. When the parties later settled their dispute amicably,
CRP paid RXU P100 million. Because of this, Atty. Francisco came around
and claimed a 15% share in the amount. What should be his attorney’s fees?
 (a) Nothing because the compromise came after RXU terminated him.
(b) 15% of what CRP paid RXU or P15 million.
(c) A reasonable amount that the court shall fix upon proof of
quantum meruit.
(d) Nothing since he was unable to complete the work stated in the
retainer contract.

4. Lee became a lawyer in 1988 under a claim that he is a Filipino like his
parents. Efren sought Lee’s disbarment on the ground that he really is a
Chinese. To prove he is a Filipino, Lee cited an Albay regional trial court’s
final judgment in an action to recover real property which mentioned his
citizenship as Filipino. This final judgment resulted in the correction of his birth
records in a separate special proceeding to show he is a Filipino, not Chinese
as there stated. Is Lee’s claim to Filipino citizenship valid?

(a) No, since the mention of his citizenship in the land case was just
incidental.
(b) No, since those rulings were not appealed to the Supreme Court.
(c) Yes, because the rulings in his favor have become final and executory.
(d) Yes, since his parents are Filipinos based on what he said in his bar
exam petition.

5. Sheryl, Eric's counsel, once asked for postponement and the court granted it
since the opposing counsel, Bernadine, did not object. Eric then asked Sheryl
not to allow any further postponements because his case has been pending
for 8 years. When trial resumed, Bernadine moved to reset the trial because
of her infant's ailment. What must Sheryl do?

(a) Remind the Court that it has the duty to promptly decide the case.
(b) Interpose no objection since she too once sought postponement
without Bernadine's objection.
(c) Vehemently oppose Bernadine's motion for being contrary to Eric's
wishes.
(d) Submit the motion to the Court's sound discretion.

6. In a verified complaint, Kathy said that Judge Florante decided a petition for
correction of entry involving the birth record of her grandson, Joshua, who
happened to be child of Judge Florante's daughter, Pilita. Judge Florante
insisted that he committed no wrong since the proceeding was non-
adversarial and since it merely sought to correct an erroneous entry in the
child’s birth certificate. Is Judge Florante liable?

(a) Yes, because Florante breached the rule on mandatory

disqualification.
(b) No, because Judge Florante has no pecuniary interest in the
proceeding.
(c) No, because it is true the proceeding was non-adversarial so it
prejudiced no one.
(d) Yes, since the correction in the child’s record affects the details of birth
of the child.
7. Which of the following statements best describes the distinct traditional dignity
that the legal profession enjoys over other professions?

(a) People are quite dependent on lawyers for their skills in getting them
out of trouble with the law.
(b) Its members strive to maintain honesty even in their private
dealings.
(c) Its members earn by charging specified emoluments or fees.
(d) The profession is anchored on a fiduciary relation with the client.

8. Raul sought Ely's disbarment for notarizing a deed of sale knowing that four of
the sellers were dead. Ely admitted that he notarized the deed of sale but only
after his client assured him that the signatures of the others were authentic.
Later, Raul moved to have the complaint against him dismissed on the ground
that it was filed because of a misunderstanding which had already been
clarified. This prompted the IBP to recommend the dismissal of the complaint.
Can the dismissal be allowed?

(a) No, unless the complainant executes an affidavit of desistance.

(b) Yes, since no compelling reason remained to continue with it.
(c) Yes, but recall Ely's notarial commission since the charge against him
seems meritorious.
(d) No, given Ely’s admission that he notarized the document when
some signatories were absent.

9. When will Atty. Antonio's notarial commission expire if he applied for and was
given such commission on 12 November 2010?

(a) 31 December 2012

(b) 31 December 2011
(c) 11 November 2011
(d) 11 November 2012

10. Elaine filed a complaint against Fely before their barangay concerning a
contract that they entered into. During conciliation, Fely came with Sarah, who
claimed the right to represent her minor sister. The barangay captain let
Sarah assist her sister. Eventually, the barangay issued a certificate to file
action after the parties failed to settle their differences. When Sarah formally
appeared as lawyer for her sister, Elaine filed an administrative complaint
against her for taking part in the barangay conciliation and preventing the
parties from taking meaningful advantage of the same. Is Sarah liable?

(a) No, because she has to represent her sister who was a minor.
(b) No, because the Court can always dismiss the case without prejudice
to a genuine conciliation.
(c) Yes, because what Sarah did was deceitful and amounts to fraud.
(d) Yes, because as a lawyer, she is absolutely forbidden to appear in
barangay conciliations.
11. Which of the following will subject Atty. Lyndon, a Manila notary public, to
sanctions under the notarial rules?

(a) Notarizing a verification and certification against forum shopping in

Manila Hotel at the request of his Senator-client.
(b) Refusing to notarize an extra-judicial settlement deed after noting that
Ambo, a friend, was delisted as heir when he was in fact one.
(c) Performing signature witnessing involving his brother-in-law and
recording it in his register.
(d) Notarizing a deed of sale for someone he knew without requiring any
proof of identity.

12. Justice Frank, a retired Court of Appeals justice, appeared before the
Supreme Court on behalf of Landbank, a government bank, in a case
involving the compensable value of the property taken from a landowner
under the agrarian reform law. The landowner questioned Justice Frank's
appearance in the case, pointing out that the same is unethical and smacks of
opportunism since he obviously capitalizes on his judicial experience. Is
Justice Frank's appearance in the case valid?

(a) Yes, because the law allows such appearance as long as the
government is not the adverse party.
(b) No, because he cannot enjoy his retirement pay and at the same time
work for a government institution.
(c) Yes, since Landbank does not perform government function.
(d) No, he should have waited for at least a year to avoid improprieties.

13. On appeal, RTC Judge Rudy affirmed the MTC’s conviction of Lorna for
violation of the bouncing checks law and awarded Agnes, the complainant,
Php1.6 million in damages. Two years later, upon Lorna’s motion and after
ascertaining that her counsel never received the court's decision, Judge Rudy
recalled the entry of judgment in the case, reversed himself, and absolved
Lorna of guilt. Claiming an unjust judgment, Agnes filed an administrative
complained against Judge Rudy, saying that it is plain from the circumstances
that he connived with Lorna, her counsel, and the handling prosecutor. But
she offered no further evidence. Rudy denied the charges and asserted that
any error in his judgment is correctible only by an appeal, not by an
administrative suit. Should Judge Rudy be disciplined?

(a) No, because Agnes' complaint is merely based on suspicions and

speculations.
(b) No, because Agnes has yet to establish that Rudy's decision is plainly
erroneous.
(c) Yes, because he gravely abused his discretion in recalling the entry of
judgment.
(d) Yes, because reconsidering the judgment of conviction that the MTC
and he earlier issued shows anomaly in Judge Rudy's action.

14. After Atty. Benny got a P2 million final judgment in his client’s favor, he
promptly asked the court, without informing his client, to allow him a charging
 lien over the money in the amount of P500,000, his agreed fees, The Court
issued a writ of execution for the whole judgment in Atty. Benny's name with
an order for him to turn over the excess to his client. Is Atty. Benny’s action
correct?

(a) No, since his fees are excessive.

(b) Yes, since he was merely asserting his right to collect his fees.
(c) Yes, since he would anyway give the excess to his client after getting
his fees.
(d) No, since he did not disclose to his client the matter of getting a
charging lien and a writ of execution in his name.

15. On 17 April 2006 NWD, a local water district entity, hired Atty. Chito as private
counsel for a year with the consent of the Office of the Government Corporate
Counsel (OGCC). Shortly after, a leadership struggle erupted in NWD
between faction A and faction B. Siding with the first, Atty. Chito filed several
actions against the members of faction B. Eventually, the court upheld Faction
B which thus revoked Atty. Chito’s retainer on 14 January 2007. With OGCC’s
approval, NWD hired Atty. Arthur in his place. When Atty. Arthur sought the
dismissal of the actions that Atty. Chito had instituted, the latter objected on
the ground that his term had not yet expired and Atty. Arthur had no vacancy
to fill up. Is Atty. Chito right?

(a) No, because Atty. Chito’s continued appearances in the cases

[were] without authority since 14 January 2007.
(b) No, because Atty. Arthur would have violated the rule on forum
shopping.
(c) Yes, because Atty. Chito’s retainer and authority remained valid until
17 April 2006.
(d) No, because Atty. Chito has the duty to expose the irregularities
committed by the members of Faction B.

16. Noel and Emily who were involved in a road accident sued Ferdie, the driver
of the other car, for damages. Atty. Jose represented only Noel but he called
Emily to testify for his client. During direct examination, Emily claimed that her
injuries were serious when Atty. Jose knew that they were not. Still, Atty. Jose
did not contest such claim. Ferdie later sued Emily for giving false testimony
since her own doctor’s report contradicted it. He also sued Atty. Jose for
foisting a false testimony in court. Is Atty. Jose liable?

(a) No, because he did not knowingly arrange for Emily to lie in court.
(b) Yes, because he did not advise his client to settle the case amicably.
(c) No, because Emily did not permit him to reveal the falsity to the court.
(d) Yes, because he knowingly let Emily's false testimony pass for
truth.

17. In settling his client's claims, Atty. Cruz received from the adverse party
P200,000 in cash for his client. Which of the following is an IMPROPER way
for Atty. Cruz to handle the money?
 (a) Ask his client to prepare a check for his fees for swapping with the
cash.
(b) Deposit the cash in his own bank account and later issue his
personal check to his client, less his fees.
(c) Turn over the cash to his client with a request that the latter pay him his
fees.
(d) Tell his client about the settlement and the cash and wait for the client's
instructions.

18. Judge Cristina has many law-related activities. She teaches law and delivers
lectures on law. Some in the government consult her on their legal problems.
She also serves as director of a stock corporation devoted to penal reform,
where she participates in both fund raising and fund management. Which of
the following statements applies to her case?

(a) She should not engage in fund raising activities.

(b) Her activities are acceptable except the part where she is involved in
fund management.
(c) She can teach law and deliver lectures on law but not do the other
things.
(d) All of her activities are legal.

19. One of the foundation principles of the Bangalore Draft of the Code of Judicial
Conduct is the importance in a modern democratic society of

(a) a judicial system that caters to the needs of the poor and the weak.
(b) public confidence in its judicial system and in the moral authority
and integrity of its judiciary.
(c) the existence of independent and impartial tribunals that have the
support of its government.
(d) judges who are learned in law and jurisprudence.

20. After representing Lenie in an important lawsuit from 1992 to 1995, Atty.
Jennifer lost touch of her client. Ten years later in 2005, Evelyn asked Atty.
Jennifer to represent her in an action against Lenie. Such action involved
certain facts, some confidential, to which Atty. Jennifer was privy because she
handled Lenie's old case. Can Atty. Jennifer act as counsel for Evelyn?

(a) No, but she can assist another lawyer who will handle the case.
(b) Yes, but she must notify Lenie before accepting the case.
(c) No, because her duty to keep the confidences of previous clients
remains.
(d) Yes, but she cannot reveal any confidential information she previously
got.

21. Eric, a labor federation president, represented Luisa, a dismissed WXT

employee, before the NLRC. Atty. John represented Luisa's two co-
complainants. In due course, the NLRC reinstated the three complainants with
backwages and awarded 25% of the backwages as attorney’s fees, 15% for
Atty. John and 10% for Eric, a non-lawyer. When WXT appealed to the Court
 of Appeals, Atty. John questioned Eric’s continued appearance before that
court on Luisa’s behalf, he not being a lawyer. Is Eric's appearance before the
Court of Appeals valid?

(a) Yes, for Eric has a personal stake, the fees awarded to him, in
defending the NLRC's decision in the case.
(b) No, since John can very well represent Luisa, she being in the same
situation as his own clients.
(c) No, because the representation of another in courts can be
entrusted only to lawyers.
(d) Yes, since that appeal is a mere continuation of the labor dispute that
began at the NLRC.

22. In what documented act will a notary public’s failure to affix the expiration date
of his commission warrant administrative sanction?

(a) In the jurat of a secretary's certificate.

(b) In the will acknowledged before him.
(c) In the signature witnessing he performed.
(d) In the document copy he certified.

23. Provincial Governors and Municipal Mayors who are lawyers are MCLE
exempt because

(a) they handle cases of their constituents for free.

(b) the Local Government Code prohibits them from practicing their
profession.
(c) they are rendering public service.
(d) As experts in local governance, it may be assumed that they are
updated on legal developments.

24. A difficult client directed his counsel to bring up to the Supreme Court the trial
court’s dismissal of their action. Counsel believes that the trial court acted
correctly and that an appeal would be futile. Which of the following options
should counsel take?

(a) Withdraw from the case to temper the client’s propensity to

litigate.
(b) Engage a collaborating counsel who can assist in the case.
(c) Submit a new retainer proposal to the client for a higher fee.
(d) Elevate the case to the Supreme Court as directed by client.

25. Although not counsel in a particular case, Atty. Anthony asked Lisa, the RTC
clerk of court, if the case records have already been remanded to the MTC as
the Court of Appeals directed. Lisa said no, saying that the RTC had not yet
received a certified copy of the Court of Appeals’ decision. When Lisa
suggested that Atty. Anthony first secure such a copy, the latter scolded her.
Shamed by this, Lisa filed a disciplinary action against him for encroaching on
the work of the lawyers of record. Anthony defends his follow-up action by
 claiming good faith and the possibility of entering his appearance later. Is
Anthony liable for his record follow up?

(a) Yes, because he did not inform Lisa of the basis of his interest in the
case.
(b) Yes, because none of the parties to the case authorized him to do
such follow-up.
(c) No, because he acted in good faith with a view to a possible retainer.
(d) No, because following up the records of any case does not constitute
practice of law.

26. Administrative proceedings against Judges of all courts and Justices of the
Court of Appeals and the Sandiganbayan shall be

(a) private and confidential.

(b) public but subdued.
(c) private but transparent.
(d) public.

27. When does the initial MCLE compliance period of a newly admitted member
of the bar begin?

(a) On the first day of the month of his admission.

(b) On the tenth day of the month of his admission.
(c) On the third year after his admission as member.
(d) On the first year of the next succeeding compliance period.

28. Counsel for Philzea Mining appealed a decision of the Bureau of Mines, which
was adverse to his client, to the Environment Secretary. At about the same
time, he filed a special civil action of certiorari with the Court of Appeals for
the annulment of the same decision. Did counsel commit any ethical
impropriety in his actions?

(a) Yes, since the action he filed with the Court of Appeals was barred by
the pendency of a similar action before the Environment Secretary.
(b) Yes, since he was evidently shopping for a sympathetic forum, a
condemnable practice.
(c) No, since his appeal to the Environment Secretary was administrative,
not judicial.
(d) No, since he has to exhaust all available remedies to serve his client’s
interest.

29. Atty. Melissa witnessed the car accident that resulted in injury to Manny, a
friend of hers. While visiting him at the hospital, she advised him about what
action he needed to take regarding the accident. Is Atty. Melissa subject to
disciplinary action if she eventually handles the case for him?

(a) No, because Melissa did not directly volunteer her services.
(b) No, because Manny happened to be a friend.
(c) Yes, she engaged in typical ambulance chasing.
 (d) Yes, because she should have offered her services for free.
30. A Court Administrator's auditing team found that Judge Ruby used business
cards which stated, in addition to her official title as presiding judge of her
court, that she is bar topnotcher, her law school’s "class valedictorian," and
"one of the most sought after private law practitioners" before she joined the
judiciary, all of which are true. Asked to explain this seeming impropriety,
Ruby pointed out that business cards can include the person’s "title" which is
broad enough to include in her case her standing in the bar and all the honors
she earned. Did Ruby commit an impropriety?

(a) Yes, unless the cards were given to her as a gift.

(b) No, because all she stated in her business cards are true.
(c) Yes, because she showed a hunger for publicity and recognition
that debases her judicial post.
(d) No, because she is free to include in her business cards details that
say who she is.

31. Serving as counsel de oficio, Atty. Mamerto advised John of the

consequences of his plea of not guilty to the charge. Before trial could be
held, however, the presiding judge died. As it happened, Atty. Mamerto was
appointed judge and John’s case was assigned to him by raffle. John quickly
moved for the judge’s disqualification. Is Judge Mamerto under obligation to
inhibit himself from the case?

(a) No, because his service to John was just momentary.

(b) Yes, because his knowledge of John’s case affects his judgment.
(c) No, because he was merely a counsel de oficio.
(d) Yes, because he served as John's counsel.

32. Myra asked Atty. Elma to notarize her deed of sale. When Elma asked for
Myra's competent evidence of identity, she explained that she does not have
any current identification document nor could she get one soon. Instead, she
presented her friend, Alex, who showed Atty. Elma his driver’s license and
confirmed her Myra’s identity. Is Alex’s identification of Myra valid?

(a) Yes, provided Alex states in the deed of sale that he knew Myra
personally.
(b) No, Myra needs to produce a valid identification document of
herself.
(c) No, since Alex is not himself a party to the document.
(d) Yes, since Alex had a valid identification document.

33. Atty. Eliseo represented Allan in a collection suit against the Philippine Charity
Sweepstakes Office (PCSO). After his election as sangguniang bayan
member, the court rendered a decision in PCSO’s favor. Still, Atty. Eliseo
appeared for Allan in the latter’s appeal, prompting the PCSO to question his
right to do so. In response, Atty. Eliseo claimed that the local government
code authorizes him to practice law as long it does not conflict with his duties.
Is Atty. Eliseo right?
 (a) No, because he cannot appear against a government
instrumentality in a civil case.
(b) Yes, because his official duties do not conflict with his private practice.
(c) No, because he works on his private case at the sacrifice of public
service.
(d) Yes, because he does not appear in the case as a municipal official.

34. Which of the following instances demonstrates counsel’s LACK of diligence in

serving his client's interest?

(a) Failing to file his client’s appeal brief despite 2 extensions upon
the excuse that the client did not coordinate with him.
(b) Failing to send to client a requested legal opinion until after the latter
gave him the additional documents he requested.
(c) Failing to rehearse his client on his testimony before the trial.
(d) Updating his client about the status of his case by phone and electronic
mail.

35. What is the method of national inquiry into the conduct of Supreme Court
magistrates?

(a) Administrative investigation.

(b) Disqualification.
(c) Impeachment.
(d) Disbarment.

36. What unhealthy attitude of mind should a judge avoid falling into?

(a) Hearing and adjudicating cases is an important job.

(b) Courts are made for litigants.
(c) Litigants are made for the courts.
(d) Courts should dispose of their cases on time.

37. After hearing in a sensational criminal case, counsel for the accused told
television viewers how the judge unfairly ruled to stop his witness from
testifying fully about certain aspects of the case that would help the accused.
Counsel said that the public should know the injustice to which his client was
being subjected. Can counsel be disciplined for his utterances?

(a) Yes, because rather than defend the judicial system as was his duty,
he attacked it.
(b) No, since counsel did not use obscene language.
(c) No, so long as counsel did not knowingly make false statements
or act in reckless disregard of truth.
(d) Yes, even if the judge may have actually made unfair rulings in the
course of trial.

38. Which of the following is required of counsel when withdrawing his services to
a client in a case?
 (a) Counsel's desire to withdraw, expressed in his motion.
(b) Payment of withdrawal fee.
(c) Opposing counsel’s conformity to the withdrawal.
(d) Client's written consent filed in court.

39. Which of the following demonstrates the lawyer's duty to give the court the
respect it deserves?

(a) Counsel consistently appearing in court on time.

(b) Counsel obeying court's orders and processes.
(c) Woman counsel appearing in court dressed in business attire.
(d) Counsel addressing the court as "Your Honor" at all times.

40. Atty. Arthur agreed to represent Patrick in a personal injury case after the
latter signed a retainer agreement for a 33% fee contingent on their winning
the case. In the course of trial, Patrick dismissed Atty. Arthur after he
presented their evidence in chief and engaged Atty. Winston another lawyer.
They lost the case. What fee would Atty. Arthur be entitled to?

(a) Thirty three percent of the fee actually paid to Winston.

(b) The reasonable value of his services.
(c) A flat hourly rate for the time he invested in the case.
(d) Absolutely nothing.

41. Ronnie, a paralegal in a law firm, helped Beth in a property dispute in which
she was involved by giving her legal advice and preparing a complaint that
she eventually filed in court under her own signature. When the lawyer for the
defendant learned of it, he told Ronnie to desist from practicing law. But he
disputed this, claiming that he had not practiced law since he did not receive
compensation from Beth for his help. Is Ronnie correct?

(a) Yes, because he could as a paralegal provide competent legal help to

litigants.
(b) Yes, for so long as he did not sign the complaint or appeared as Beth's
lawyer.
(c) No, unless Beth was ill-advised in filing her complaint in court.
(d) No, because receipt of compensation is not the sole determinant
of legal practice.

42. Which of the following characteristics pertains to a charging lien?

(a) It cannot attach to judgments for delivery of real estates.

(b) It involves documents placed in the lawyer's possession by reason of
the retainer.
(c) It does not need any notice to the client to make it effective.
(d) It may be exercised before judgment or execution.

43. To whom may the Supreme Court refer complaints against lawyers for
investigation?
 (a) Integrated Bar of the Philippines.
(b) Office of the Bar Confidant.
(c) Judicial and Bar Council.
(d) Office of the Court Administrator.

44. After several years as a private practitioner, Ben got appointed as Regional
Trial Court judge. Five years after his appointment, he received summons
directing him to answer a disbarment complaint that pertained to a document
he notarized more than 10 years ago from appointment date. He sought the
dismissal of the complaint arguing that the cause of action has prescribed.
Must the complaint be dismissed?

(a) No, because such complaints do not prescribe.

(b) Yes, because the complaint creates a chilling effect on judicial
independence.
(c) No, but the complaint should be verified to ensure transparency.
(d) Yes, because actions on contracts prescribe in 10 years.

45. On November 28 Atty. Patrick wrote in a newspaper column that the Supreme
Court already decided in favor of the validity of the Executive Order that
created the Truth Commission upon a vote of 13-2. But, as it turned out, the
Court actually rendered an adverse decision only on December 7, and upon a
vote of 10-5. Asked to explain his misleading article, Patrick said that his
constitutionally protected right to free expression covered what he wrote. Can
the Court cite Patrick for contempt?

(a) Yes, because his article obstructs and degrades the

administration of justice.
(b) No, because the right to free expression occupies a high rank in the
hierarchy of cherished rights.
(c) No, because courts must simply ignore public opinion and the media
when rendering decisions.
(d) Yes, because he wrote a lie in his column.

46. Atty. Ramon borrowed his client's (Menchu) land title. After eight months,
Menchu demanded its return but he failed to comply and changed his
residence. After Menchu tracked him down, she confronted him about the title.
He then offered to just buy the property and gave her five checks for it but
these bounced. Charged with malpractice, Atty. Ramon answered that his
license to practice law cannot be in issue. He merely incurred civil liability for
a failed transaction. Will the malpractice action prosper?

(a) No, because his failure to pay his obligation only makes him civilly
liable.
(b) No, since Menchu did not transact business with Atty. Ramon as a
lawyer.
(c) Yes, because it is professionally reprehensible for a lawyer to be
unavailable to a person in need.
(d) Yes, he having taken advantage of Menchu who was not fully
protected and had no independent advice.
47. Atty. Alfredo Prado appeared in a case as legal officer of the Land
Registration Authority (LRA). His opponent, Atty. Armando, knew an Atty.
Alfredo Prado from his province who had been dead for years. When Atty.
Armando checked with the Supreme Court, only one Alfredo Prado was in the
roll of attorneys. What action can Atty. Armado take against Vicente who had
taken a dead lawyer’s identity?

(a) File direct contempt action against Vicente for deceiving the court.
(b) Criminally prosecute Vicente for estafa for making money upon
false pretense.
(c) Criminally prosecute Vicente for theft of Alfredo's identity and law
practice.
(d) Institute a disbarment case against Vicente for misrepresenting himself
as lawyer.
48. After the prosecution cross-examined Sheila, a witness for the accused,
Judge Pedro asked her ten additional questions that were so intense they
made her cry. One question forced Sheila to admit that her mother was living
with another man, a fact that weighed on the case of the accused. This
prompted the latter’s counsel to move to expunge the judge’s questions for
building on the prosecution's case. Judge Pedro denied the motion, insisting
that bolstering a party’s case is incidental to the court’s desire to be clarified.
Did Pedro commit an impropriety?

(a) No, his ten questions could not be considered an undue intervention.
(b) No, because the judge is free to inquire into any aspect of the case that
would clarify the evidence for him.
(c) Yes, because he effectively deprived the defense of its right to
due process when he acted both as prosecutor and judge.
(d) Yes, because nothing connects his desire to be clarified with the
questions he asked.

49. Administrative penalties imposed on judges are

(a) curative.
(b) punitive.
(c) corrective.
(d) both punitive and corrective.

50. Which of the following demonstrates a lawyer’s fidelity to known practices and
customs of the bar regarding a case he is handling?

(a) Treating his client’s disclosures as confidential but not the documents
he submits for review.
(b) Meeting with his client’s opponent over lunch to discuss settlement
without telling his client.
(c) Accepting a tough case although he is new in practice, trusting
that his diligence would make up for lack of experience.
(d) Inviting the judge hearing the case to dinner with no purpose to discuss
the case with him.
 2012 BAR EXAMINATION IN
LEGAL ETHICS
(With Suggested Answers)

1. Atty. Galing is a Bar topnotcher. He has been teaching major subjects in a law
school for eight (8) years and has mastered the subjects he is handling. Is he
exempt from the MCLE requirement?

A. No, eight (8) years experience is not enough.

B. Yes, since he has mastered what he is handling.
C. Yes, professors of law are exempted.
D. No, since he is not yet a Bar reviewer.

2. Atty. Rey has been a professor in the Legal Management Department of Y

University for thirty (30) years. He teaches Constitution, Obligation and
Contracts, Insurance, Introduction to Law. Is he exempted from the MCLE
requirement?

A. Yes, because his teaching experience is already more than ten (10)
years.
B. No, because he is not teaching in the College of Law.
C. Yes, because of his field of knowledge and experience.
D. No, because Y University is not accredited.

3. The term of Dean Rex of X College of Law expired in the first year of the third
compliance period. Does his exemption extend to the full extent of said
compliance period?

A. No, he must comply with all the unit requirements.

B. Yes, to the full extent.
C. No, but comply proportionately.
D. Yes, but he must apply for exemption.

4. What is the duration of MCLE Compliance Period?

A. Twelve (12) months;

B. Twenty four (24) months;
C. Thirty six (36) months;
D. Eighteen (18) months.

5. When does compliance period begin? [BONUS: No accurate answer.]

A. When the lawyer actually begins law practice;

B. Upon admission/readmission to the Bar;
C. 01 October 2009;
D. 01 October 2006.

6. Does the MCLE requirement apply at once to a newly-admitted lawyer?

 A. Yes, if admitted to the Bar and there are four (4) more months
remaining of the compliance period.
B. No, wait for the next compliance period.
C. Yes, if he will start law practice immediately.
D. Yes, if more than one (1) year remains of the compliance period.

7. What is the purpose of MCLE?

A. To conform with the requirements of international law.

B. To provide a venue to improve fraternal relations among lawyers.
C. To keep abreast with law and jurisprudence and to maintain the
ethical standards of the profession.
D. To supplement legal knowledge due to substandard law schools.

8. Atty. Aga was appointed as Treasurer by the IBP President with the approval
of the Board of Governors for a term coterminous with that of the President. A
year thereafter, Atty. Aga ran as Barangay Chairman of their place, and took a
leave of absence for two (2) weeks to campaign. May Atty. Aga re-assume as
Treasurer after his leave of absence?

A. Yes, since he lost in the election.

B. No, because he was deemed resigned upon filing of his certificate
of candidacy.
C. Yes, because his position as Treasurer is coterminous with the
President of the I BP.
D. No, because he should first seek the approval of the IBP Board of
Governors before running as Brgy. Chairman.

9. Atty. Magtanggol of the PAO was assigned to defend X who is accused of

Slight Physical Injury before the MTC of a far-flung town. During the trial, P02
Tulco appeared in court on behalf of the complainant. Atty. Magtanggol
objected to his appearance since the policeman is not a member of the Bar.
[BONUS: The question is vague; options B, C, and D are unresponsive
to the question.]

A. The objection is valid. It should be the public prosecutor who should

prosecute the criminal action.
B. Atty. Magtanggol is just afraid that his client may be convicted through
the efforts of a non-lawyer.
C. In the courts of a municipality, a party may conduct his litigation in
person or with the aid of an agent or friend.
D. If a public prosecutor is not available, at least a private prosecutor who
must be a lawyer should be designated.

10. Bong Tupak, a second year law student, was charged in the RTC for Forcible
Abduction with Rape. Having knowledge of criminal law and procedure, he
dismissed the counsel de oficio assigned and appeared for himself. He
asserted that there was lack of force. Eventually, the RTC found him guilty of
Consented Abduction and imposed the penalty. Bong Tupak now assails the
 decision, saying that there was a violation of due process because he was
allowed to appear by himself and he did not know that Consented Abduction
is a crime. Decide.

A. An accused before the RTC may opt to defend himself in person and
he cannot fault others for his decision.
B. The RTC should have appointed a counsel de oficio to assist the
accused even if not sought or requested by the accused.
C. There was violation of due process. There is disparity between the
expertise of a public prosecutor and the inexperience of a 2nd year law
student.
D. A 2nd year law student has sufficient knowledge of criminal law and
procedure, hence, he is competent to defend himself.

11. RTC Judge Bell was so infuriated by the conduct of Atty. X who conveniently
absents himself when his clients do not pay his appearance fee in advance.
Atty. X also uses disrespectful and obscene language in his pleadings . . At
one point, when his case was called for hearing, Atty. X did not appear for his
client although he was just outside the door of the court room. Judge Bell
directed the client to summon Atty. X, but the latter refused. Judge Bell then
issued an Order directing Atty. X to explain why no disciplinary action shall be
imposed on him for this misconduct but he refused the directive. Decide.
[BONUS: Option A – not part of the scale of penalties; options B, C, and
D – unresponsive to the question.]

A. RTC Judge Bell can suspend Atty. X from the practice of law before his
sala.
B. The case of Atty. X can be dismissed due to non-appearance of
counsel even though the party was present.
C. The hearing of the case should be rescheduled in the interest of
justice.
D. The court can admonish the client for the unprofessional conduct of his
lawyer and ask him to change his lawyer.

12. Debbie, topnotcher of their class, is now on her 4th year law studies and has
enrolled in the legal aid clinic of the law school. She was assigned to handle a
domestic violence and support case filed by their client against her husband.
During the hearing, the clinic's supervising attorney introduced Debbie to the
Branch Clerk of Court and then left to oversee another intern. In the midst of
the proceedings, opposing counsel objected to the appearance of Debbie
because she is not yet a lawyer. Decide.

A. Debbie can proceed because the law student practice rule allows a
student who has finished 3rd year of the regular course to appear
without compensation before a trial court.
B. Debbie can proceed since she is appearing only during the trial and did
not sign the pleadings.
C. Debbie cannot proceed without the presence of their clinic's
supervising attorney.
 D. Debbie has proven her capability to handle the case and opposing
counsel is objecting only now because he might lose to a law student.

13. Atty. Quiso was the retained counsel for Alfa Security Agency and handled all
the cases involving the company. Adam, the Assistant Manager of the
agency, hired Atty. Quiso when he was sued in an ejectment case. Later,
Adam was fired from the agency. Adam did not return a vehicle and so, Atty.
Quiso - as counsel for the security agency - filed a replevin suit Adam moved
for Atty. Quiso's disqualification considering that the ejectment case is still
pending. Is there conflict of interest?

A. No, the cases are totally unrelated and there is no occasion to unduly
use confidential information acquired from one case in the other.
B. No, Atty. Quiso is duty bound to handle alI cases of his client, including
the replevin case against Adam.
C. Yes, proscription is against representation of opposing parties
who are present clients or in an unrelated action.
D. Yes, Atty. Quiso must withdraw as counsel for Adam, otherwise he will
lose his retainer

14. Mr. Joseph, owner of an investment house, consulted a friend , Atty. Miro,
about a potential criminal act1on against him because he cannot pay
investors due to temporary liquidity problems. Atty. Miro asked Mr. Joseph to
transfer to him all assets of the firm and he will take charge of settling the
claims and getting quitclaims. A month later, Mr. Joseph was surprised to
receive a demand letter from Atty. Miro, as counsel for all the claimants, for
the pay back of their investments. After a while, Mr. Joseph received releases
and quitclaims from the investors, with desistance from filing criminal action
against him. Atty. Miro later told Mr. Joseph that he sent the demand letter so
he can claim attorney's fee. Was there a conflict of interest?

A. No, there was no formal engagement of Atty. Miro as counsel for Mr.
Joseph.
B. Yes, by giving legal advice to Mr. Joseph, the latter became a
client of Atty. Miro.
C. No, there is no attorney-client relationship between Mr. Joseph and
Atty.· Miro as no attorney's fee was charged nor paid to the latter.
D. Yes, because Atty. Miro was representing Mr. Joseph when he
disposed the assets to pay off the claims.

15. Atty. Gelly passed the Bar 1n 1975. After taking his oath, he did not enlist in
any IBP chapter because he went to the USA to pursue a Master's Degree.
Eventually, he passed the state bar and specialized in lmmigration law. In
2005. he returned to the Philippines and was but the IBP is charging him from
1975 up to the present and threatening him with expulsion if he does not
comply. Is the IBP correct?

A. Atty. Gelly cannot be compelled to pay the IBP dues because he was
not engaged in the practice of law from 1975-2005.
 B. Atty. Gelly is exempt from 1975-2005 because he was out of the
country.
C. Atty. Gelly should pay the dues from 1975 to the present since
membership in the IBP is [compulsory].
D. Atty. Gelly should not pay because the rule on bar integration is
unconstitutional for compelling a lawyer to join an association.

16. Mr. Joey owns a 5-hectare parcel of land which is being expropriated as
market site. The government is offering only Php 15 per sqm while Mr. Joey
deserves Php 20 per sqm. Atty. AI agreed to represent Mr. Joey in the
expropriation case on contingent basis in that his attorney's fees shall be the
excess of Php 20 per sqm. Due to expert handling, the expropriation court
awarded Mr. Joey the fair market value of Php 35 per sqm. Mr. Joey
complained to the court that the attorney's fee being charged is excessive as
it amounts to about 63°/o of the award. Decide.

A. A retainer's agreement, as a contract, has the force of law between the

parties and must be complied with in good faith.
B. It was the excellent handling of the case that resulted in a bigger
award; hence, it is fair that Atty. AI should be rewarded with the
excess.
C. Mr. Joey got the desired valuation for his land. So, he must honor his
contract with Atty. AI.
D. Attorney's fees is always subject to court supervision and may be
reduced by the court based on quantum meruit.

17. Atty. Atras was the counsel for Mr. Abante. Soon after the case was submitted
for decision, Mr. Abante got the files and informed Atty. Atras that he was
hiring another lawyer. On that same day, a copy of the decision was received
by Atty. Atras but he did not do anything anymore. He also' failed to file his
withdrawal, and no appearance was made by the new counsel. When Mr.
Abante found out about the adverse decision, the period to appeal had
lapsed. Was service to Atty. Atras effective?

A. Yes, Atty. Atras is still considered the counsel of record until his
withdrawal of appearance has been actually filed and granted.
B. Service should be done on Mr. Abante because he had already
severed lawyer-client relationship with Atty. Atras.
C. Service should be done on the new counsel as soon as he enters his
appearance.
D. Service upon Atty. Atras is not effective because his services have
already been terminated by the client.

18. Atty. Utang borrowed from Y Php 300,000.00 secured by a post-dated check.
When presented, the check was dishonored. Y filed a BP 22 case in court,
and a disbarment complaint with the IBP. In the latter case, Atty. Utang
moved for dismissal as the act has nothing to do with his being. a lawyer and
that it is premature because the case is pending and he is entitled to
presumption of innocence. Should the disbarment complaint be dismissed?
 A. No, because lawyers may be disciplined for all acts, whether
professional or private.
B. Yes, there is no conviction yet.
C. Yes, BP 22 does not involve moral turpitude.
D. No, unless he pays the amount of the check to the satisfaction of Y.

19. Atty. Juan Cruz of the Cruz, Cruz and Cruz Law Office personally handled a
damage case of Mr. Gonzalo which resulted in an award of Php 500,000.00.
The writ of execution was served by Sheriff Onoy, but resulted in recovery of
only Php 70,000.00. Mr. Gonzalo was unsatisfied and filed an administrative
complaint. When informed, Sheriff Onoy berated and threatened Mr. Gonzalo;
and for this, the Sheriff was charged with Grave Threat. Atty. Pedro Cruz of
the same Cruz, Cruz and Cruz Law Office appeared as defense counsel pro
bono. Mr. Gonzalo seeks his disqualification. Decide.

A. No conflict of interest. The Grave Threat case arose out of a different

factual scenario.
B. There is conflict of interest because both Atty. Juan Cruz and
Atty. Pedro Cruz belong to one law office.
C. No conflict of interest since the court case was wholly handled by Atty.
Juan Cruz. The law office did not participate in any way.
D. No conflict of interest. No likelihood that information in the civil case
can be used in the criminal case.

20. Atty. Lorna, a legal officer of a government agency, and Chona, a nurse in the
medical department, were best friends. At one time, Chona consulted Atty.
Lorna about a legal matter, revealing that she is living with a married man and
that she has a child out of wedlock fathered by another man. Later, the
relation between Atty. Lorna and Chona soured. When Chona applied for
promotion, Atty. Lorna filed immorality charges against Chona utilizing solely
the disclosure by the latter of her private life. Chona objected and invoked
confidentiality of information from attorney-client relationship. Decide.

A. There is no attorney-client relationship because, being in the

government, Atty. Lorna is disallowed from practicing her profession.
B. No lawyer-client relationship privilege because the information was
given as a friend, and not as a lawyer.
C. Personal secrets revealed to Atty. Lorna for the purpose of
seeking legal advice is covered by attorney-client privilege.
D. There is no attorney-client relationship because no attorney's fee was
paid to Atty. Lorna.

21. Atty. Nelson recently passed the Bar and wanted to specialize in marine labor
law. He gave out calling cards with his name, address and telephone number
in front, and the following words at the back: “We provide legal assistance to
overseas seamen who are repatriated due to accident, illness, injury, or
death. We also offer FINANCIAL ASSISTANCE.” Does this constitute ethical
misconduct?

A. No, clients have freedom in the selection of their counsel.

 B. No, use of a professional card is a lawful way of announcing his
services as a professional.
C. Yes, because the offer of financial assistance is an undignified
way of luring clients.
D. Yes, because the offer of assistance is stated at the back.

22. Which of these does not constitute competent evidence of identity?

A. Passport;
B. SSS card;
C. Community Tax Certificate;
D. Senior Citizen Card.

23. A recovery of ownership complaint was filed by the Dedo and Dedo Law Firm,
through Atty. Jose Dedo as counsel. During all the phases of trial, it was Atty.
Jose Dedo who appeared. Unfortunately, Atty. Jose Dedo died before
completion of trial. Notices and orders sent to the Dedo and Dedo Law Firm
were returned to the court with the manifestation that Atty. Dedo already died
and requesting the court to directly send the matters to the client. Is this
proper?

A. No, the law firm – through another lawyer – should continue to

appear for the client.
B. Yes, because the death of the handling lawyer terminates the attorney-
client relationship.
C. Yes, because attorney's fees was not paid to the law firm.
D. No, it will be unjust for the client to pay another lawyer.

24. Which of these is not a ground for disbarment?

A. Conviction of a crime involving moral turpitude.

B. Belligerent disobedience to a lawful order of a trial court.
C. Malpractice or other gross misconduct in office.
D. Grossly immoral conduct.

25. Administrative complaints against Judges and Justices below the Supreme
Court are handled by:

A. Clerk of Court of the Supreme Court.

B. Ombudsman.
C. Presiding Justice of the Court of Appeals.
D. Office of the Court Administrator.

26. Atty. Aimee was convicted by final judgment of Estafa Thru Falsification of a
Commercial Document, a crime involving moral turpitude. What is the
appropriate penalty?

A. Disbarment
B. Indefinite suspension
C. Suspension for three (3) years
 D. Admonition

27. During the IBP Chapter elections, the candidates for President were Atty. EJ,
a labor arbiter of the NLRC, Fiscal RJ of the DOJ and Atty. Gani of the PAO.
After canvass, Fiscal RJ garnered the highest number of votes, followed by
Arbiter EJ and by Atty. Gani. The winning Vice-President moved for the
annulment of the election for President because all the candidates for
President are government officials and are disqualified. Decide.

A. The election for presidency is invalid, and the elected Vice-

President shall assume the Presidency by succession.
B. The election is a failure, and new elections should be held.
C. Fiscal RJ and Arbiter EJ are disqualified. Atty. Gani should be declared
winner.
D. All the candidates who are government officials are deemed resigned
upon their acceptance of nomination; and so, Fiscal RJ is winner.

28. Atty. Edad is an 85 year old lawyer. He does not practice law anymore.
However, his IBP Chapter continues to send him notices to pay his IBP dues
of more than ten (1 0) years with warning that failure to comply will result in
the removal of his name. Piqued by this, Atty. Edad filed with the IBP
Secretary a sworn letter notifying that he is voluntarily terminating his
membership with the IBP. Should he be allowed?

A. No, because membership in IBP is compulsory for all lawyers.

B. Yes, an erstwhile IBP member may terminate his membership for
good reasons.
C. No, that is only a ploy to evade payment of IBP dues.
D. Yes, it will violate his right not to join an association.

29. Who elects the members of the Board of Governors of the IBP?

A. The Presidents of all IBP Chapters;

B. The members at large of the IBP;
C. The House of Delegates;
D. The Past Presidents of all IBP chapters.

30. Who elects the President and Vice-President of the IBP?

A. The President of all IBP Chapters;

B. The IBP members voting at large;
C. The Board of Governors;
D. The outgoing IBP officers.

31. A judge or judicial officer is disqualified to hear a case before him wherein a
party is related to him by consanguinity or affinity –

A. up to the 6th degree;

B. up to the 5th degree;
C. up to the 4th degree;
 D. up to the 3rd degree.

32. A judge or judicial officer should inhibit himself from hearing a case before him
where the counsel for either party is a relative by consanguinity or affinity –

A. up to the 3rd degree;

B. up to the 4th degree;
C. up to the 5th degree;
D. up to the 6th degree.

33. Victor has been legally separated from his wife, Belen for fifteen (15) years.
He has found true love and happiness with Amor and they lived together as
husband and wife. Amor convinced Victor to study law and gave him financial
support. Recently, Victor passed the 2011 Bar Examinations. Upon knowing
this, Belen filed a complaint against Victor for immorality. Should Victor be
allowed to take oath as an attorney?

A. Yes, his relationship with Amor is imbued with genuine love and cannot
be considered immoral and indecent.
B. Yes, legal separation does not allow the spouses to remarry.
C. No, because legal separation does not dissolve the marriage and,
therefore, Victor's relationship with Amor is still considered illicit.
D. Yes, it is totally unfair for Belen to complain since they have lived
separate lives.

34. Judge Nacy personally witnessed a vehicular accident near his house. Later,
the Reckless Imprudence case was raffled to his sala. Is there a valid ground
for his inhibition?

A. No. he is [neither] acquainted nor related with any of the parties or

lawyer.
B. No, his personal knowledge of what actually happened will even
ensure that he will decide the case justly on the basis of the true facts.
C. Yes, because a judge should decide a case on the basis of the
evidence presented before him and not on extraneous matters.
D. No, because there is no ground for disqualification and no motion for
inhibition.

35. Judge Ramon obtained a two (2) year car loan from a financing company. He
never paid a single amortization. After the lapse of two (2) years, the financing
company filed an administrative complaint against the judge for willful failure
to pay a just debt. Is the judge administratively liable?

A. No, since the loan is not connected with his judicial function.
B. Yes, because a judge should avoid impropriety or the appearance
of impropriety even in his private dealings.
C. No, the financing company should have availed of the remedy of
foreclosure.
D. No, because the administrative charge is only meant to force the judge
to pay.
36. Bong, son of Judge Rey, is a fourth year law student. He helped his friend
prepare an affidavit-complaint for Violation of Batas Pambansa Big. 22. After
drafting, they showed it to Judge Rey who made some corrections. Later, the
BP 22 case was raffled to Judge Rey who tried and convicted the accused.
Was there impropriety?

A. Yes, since Judge Rey was not a fair and impartial judge.
B. No, the evidence for the prosecution was strong and sufficient to prove
guilt beyond reasonable doubt.
C. No, because any other judge would also have convicted the accused.
D. No, those matters were not known to the accused.

37. Atty. Fred is a law practitioner and headed a law firm bearing his name and
those of his partners. When Atty. Fred was elected as Congressman, his
client's needs were handled by the other partners. Later, A, a newly
proclaimed congressman-friend, faced an election protest before the HRET,
and sought the help of Congressman Fred who immediately directed his law
firm to appear for A. B, the protestant, sought the disqualification of
Congressman Fred's law firm from appearing before the HRET because
Congressman Fred is prohibited from practicing his profession. Decide.

A. Yes, Congressman Fred's law firm is disqualified because

Congressman Fred may exercise undue influence on his peers who
are members of HRET.
B. No, the law firm is not disqualified because it is another partner, and
not Congressman Fred who is appearing.
C. No, the prohibition is on Congressman Fred from personally
appearing, and not to his partners.
D. Yes, the spirit of the prohibition is clearly to avoid influence and cannot
be indirectly circumvented.

38. Vice-Mayor Ron is a well-loved law practitioner because he assists his

constituents, especially the indigents. Ed, one of his friends who is employed
as Cashier in the Register of Deeds, sought his assistance because he was
charged with Malversation in court. Can Vice-Mayor Ron appear as counsel of
Ed?

A. Yes, members of the Sanggunian are allowed to practice their

profession.
B. No, because Ed is charged with an offense in relation to his office.
C. Yes, since the position of Ed does not pertain to the local government.
D. No, because all criminal cases are against the government.

39. Atty. Noe was elected Vice-Governor and continued with his law practice.
Later, the governor went on sick leave for one (1) year and Atty. Noe was
designated as Acting Governor. Since hearings have already been set, can
Atty. Noe continue appearing as counsel in the cases handled by him?
 A. Yes, because his election is only as Vice-Governor, and his delegation
as Governor is only temporary.
B. Yes, but only for the hearings that have already been set.
C. Yes, provided Atty. Noe seeks the permission of DILG.
D. No, all governors – even under acting capacity – are prohibited
from exercising their profession.

40. Atty. Dude is the COMELEC Officer in a very distant municipality. He is. the
only lawyer in that area. When election period is over, he has much spare
time. Many people go to him for counseling, legal advice, preparation of
documents of Sale, Mortgage and the like. He does not charge a fee in
money, but he receives gifts which are offered. Is there impropriety?

A. Yes, giving legal advice and preparing legal documents, even if

free, constitutes private practice of law, which is prohibited of
government employees.
B. No, it is only giving of advices, and not court appearance.
C. Yes, because Atty. Dude accepts gifts.
D. No, since Atty. Dude does not accept money.

41. A notary public is required to record chronologically the notarial acts that he
performs in the:

A. Notarial Book;
B. Roll of Documents Notarized;
C. Notarial Register;
D. Notarial Loose Leafs Sheets.

42. A party to a contract does not know how to write. Neither can he affix his
thumbmark because both hands were amputated. How will that person
execute the contract?

A. Ask the party to affix a mark using the toe of his foot in the presence of
the notary public and two (2) disinterested and unaffected witnesses to
the instrument.
B. Ask the party to hold the pen with his teeth and affix a + mark to be
followed by the signature of one friend.
C. The party may ask the notary public to sign in his behalf.
D. None of the above.

43. The reports of a Notary Public are submitted to the:

A. Executive Judge;
B. Court Administrator;
C. Notarial Archives;
D. Clerk of Court.

44. Atty. Tony is a 25 year old Filipino lawyer. He has been a resident in
Paranaque City for about ten (1 0) years and holds office in his residence. He
filed a petition for appointment as Notary Public in Paranaque and has
 clearance from the I BP and the Bar Confidant. However, it appears that while
still a college student, he was convicted by a Laguna Court for Reckless
Imprudence Resulting in Damage to Property. During the summary hearing of
his petition, the offended party therein strongly objected on that ground. Can
Atty. Tony be appointed?

A. No, because he has a previous criminal record.

B. No, because of the opposition.
C. Yes, the offense of Reckless Imprudence does not involve moral
turpitude.
D. Yes, since the Reckless Imprudence case did not happen in the
jurisdiction where Atty. Tony is applying.

45. What is the effect when the parties to a document acknowledged before a
notary public did not present competent evidence of identity?

A. Voidable;
B. Valid;
C. Invalid Notarization;
D. Unenforceable.

46. The petition for appointment as a notary public should be filed with:

A. The Office of the Court Administrator;

B. The Clerk of Court;
C. The MeTC Executive Judge;
D. The RTC Executive Judge.

47. What is a retaining lien?

A. The lawyer who handled the case during the trial stage should continue
to be retained up to the appeal.
B. The right of the lawyer to be retained as counsel for a party until the
entire case is finished.
C. The right of a lawyer who is discharged or withdrawn to keep the
records and property of the client in his possession until his
lawful services have been paid.
D. The prerogative of a client's retainer to recover out-of-pocket expenses.

48. For grave misconduct, a lawyer was suspended from the practice of law
indefinitely. Is he still obliged to pay his IBP dues during his suspension?

A. Yes, as he continues to be a lawyer and a member of the IBP.

B. No, because indefinite suspension is practically disbarment.
C. No need to pay IBP dues because he cannot practice anyway.
D. Pay only after the lifting of the suspension, if it comes.

49. Because of his political beliefs, Atty. Guerra joined a rebel group. Later, he
was apprehended and charged with Rebellion in court. A disbarment case
was also filed against him. While the case was pending, the government
 approved a general amnesty program and Atty. Guerra applied for and was
granted amnesty. Should the disbarment case be also dismissed
automatically?

A. Yes, because amnesty obliterates the criminal act.

B. No, disciplinary action on lawyers are sui generis and general penal
principles do not strictly apply.
C. No, a lawyer has the duty to maintain allegiance to the Republic of the
Philippines and to support the Constitution and obey the laws of the
Philippines.
D. Yes, if the Secretary of Justice approves the dismissal.

50. Soon after Atty. Cesar passed the Philippine Bar in 1975, he also took the
New York State Bar and passed the same. He practiced law for 25 years in
the USA, but he was disbarred therein for insurance fraud. He returned to the
Philippines and started to practice law. X, who knew about his New York
disbarment, filed a disbarment complaint with the IBP. Decide.

A. The factual basis for the New York disbarment which is deceit
also constitutes a ground for disbarment in the Philippines.
B. The acts complained of happened in a foreign country and cannot be
penalized here.
C. Norms of ethical behavior of lawyers are the same worldwide.
D. A lawyer's fitness to become a lawyer must be maintained wherever he
may be.

[NOTE: Memorandum writing portion not included in this copy.]

 2013 BAR EXAMINATION IN
LEGAL ETHICS
(With Suggested Answers)
ESSAY QUESTIONS

I.
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? (8%)

SUGGESTED ANSWER:

If I were Atty. Bravo, I shall promptly call upon Carlos Nagar, my client, to
rectify his perjured testimony by recanting the same before the court.

Should he refuse or fail to do so I shall then terminate my relationship with him

(Code of Professional Responsibility, Canon 19, Rule 19.02) stating that with
his having committed perjury he pursued an illegal conduct in connection with
the case (Ibid., Canon 22, Rule 22.01).

Since my client Limot refuses to forego the advantage thus unjustly gained as
a result of his perjury, I should promptly inform the injured person or his
counsel, so that they may take the appropriate steps (Canons of Professional
Ethics, Canon 41).

Finally, as part of my duty to do no falsehood, nor consent to the doing of any

in court (Code of Professional Responsibility, Canon 10, Rule 10.01; Attorney’s
Oath), I shall file a manifestation with the court attaching thereto the notice of
termination as Limot’s counsel.

II.

Atty. Serafin Roto is the Corporate Secretary of a construction corporation that has
secured a multi-million infrastructure project from the government. In the course of
his duties as corporate secretary, he learned from the company president that the
corporation had resorted to bribery to secure the project and had falsified records to
cut implementing costs after the award of the project.

The government filed a civil action to annul the infrastructure contract and has
subpoenaed Atty. Roto to testify against the company president and the corporation
regarding the bribery. Atty. Roto moved to quash the subpoena, asserting that
lawyer-client privilege prevents him from testifying against the president and the
corporation.

Resolve the motion to quash. (8%)

SUGGESTED ANSWER:

Motion denied.

The motion should be denied because Atty. Roto did not learn of the bribery
and falsification in connection with a lawyer-client relation. Being a corporate
secretary does not create a lawyer-client relation because membership in the
Bar is not a requirement to perform the functions of a corporate secretary.
Consequently, Atty. Roto does not owe any obligation of confidentiality to the
corporation.

Atty. Roto may be compelled to testify. As an officer of the court, “a lawyer

shall exert every effort and consider it his duty to assist in the speedy and
efficient administration of justice” (Code of Professional Responsibility, Canon
12). Furthermore, “a lawyer owes candor, fairness, and good faith to the court”
(Ibid., Canon 10).

ALTERNATIVE ANSWER:

Motion granted.

It is true that being a corporate secretary does not necessarily constitute a

lawyer-client relation. However, Atty. Roto may be considered in the practice
of law if part of his duties as corporate secretary is to give legal advice to or
prepare legal documents for the corporation. Thus, a lawyer-client relationship
may have been constituted between Atty. Roto and the corporation.
Consequently, it is his duty as an attorney “to maintain inviolate the
confidence, and at every peril to himself, to preserve the secrets of his client”
(Rules of Court, Rule 138, Sec. 20, par. e, paraphrasing and arrangement
supplied).

Atty. Roto learned from the company president of the bribery and falsification,
while Atty. Roto was in the course of his performance of his duties as
corporate secretary. Thus, he could not be examined on that matter without
the consent of his client (Ibid., Rule 130, Sec. 24[b]).

III.
Miguel Jactar, a fourth year law student, drove his vehicle recklessly and hit the rear
bumper of Simplicio Medroso’s vehicle. Instead of stopping, Jactar accelerated and
sped away. Medroso pursued Jactar and caught up with him at an intersection.

In their confrontation, Jactar dared Medroso to sue, bragged about his connections
with the courts, and even uttered veiled threats against Medroso. During the police
investigation that followed, Medroso learned that Jactar was reviewing for the Bar
examinations.

Under these facts, list and justify the potential objections that can be made against
Jactar’s admission to the practice of law. (8%)

SUGGESTED ANSWER:

The potential objection that can be made against Jactar’s admission to the
practice of law is the absence of good moral character (Rules of Court, Rule
138, Sec. 2).

Jactar’s bragging about his connection with the courts and uttering veiled
threats against Medroso are indications of his lack of good moral character.
His acts are contrary to justice, honesty, modesty or good morals (In re Basa,
41 Phil. 276). He has acted in a manner that has violated the private and social
duties which a man owes to his fellowmen, or to society in general, contrary to
the accepted and customary rule of right and duty between man and man (Tak
Ng. vs. Republic, G.R. No. L-13017, 106 Phil. 730, December 23, 1959)

[NOTES: Any answer which explains the nature of absence of good moral
character should be given full credit.

The following additional objection should not result to a deduction nor should
an absence of the additional objection also result to a deduction:

If light threats would be filed against him, then another potential

objection would be the pendency of charges against him, involving
moral turpitude (Rules of Court, Rule 138, Sec. 2).

The question states, “Under these facts, list and justify the potential
objections that can be made against Jactar’s admission to the practice of law.”

The question requires that an assumption be made that Jactar has passed the
Bar Examination and is about to take his oath as an attorney. It is suggested
that the better question should have been: “Under these facts, list and justify
the potential objections that can be made against Jactar’s being admitted to
take the Bar Examination.”]

IV.

Atty. Doblar represents Eva in a contract suit against Olga. He is also defending
Marla in a substantially identical contract suit filed by Emma. In behalf of Eva, Atty.
Doblar claims that the statute of limitations runs from the time of the breach of the
contract. In the action against Marla, Atty. Doblar now argues the reverse position –
i.e., that the statute of limitation does not run until one year after discovery of the
breach.

Both cases are assigned to Judge Elrey. Although not the sole issue in the two
cases, the statute of limitations issue is critical in both.

Is there an ethical/professional responsibility problem in this situation? If a problem

exists, what are its implications or potential consequences? (8%)

SUGGESTED ANSWER:

Yes. There is an ethical/professional responsibility problem that results from

the actuation of Atty. Doblar in arguing the reverse positions.

The signatures of Atty. Doblar on the pleadings for Eva and for Marla
constitute a certificate by him that he has read the pleadings; that to the best
of his knowledge, information, and belief, there is good ground to support
them; and that the pleadings were not interposed for delay (Rules of Court,
Rule 7, Sec. 3, par. 2). Atty. Doblar could not claim he has complied with the
foregoing requirement because he could not take a stand for Eva that is
contrary to that taken for Marla. His theory for Eva clearly contradicts his
theory for Marla. He has violated his professional responsibility mandated
under the Rules of Court.

He has likewise violated the ethical responsibility that his appearance in court
should be deemed equivalent to an assertion on his honor that, in his opinion,
his client’s case in one proper for judicial determination (Canons of
Professional Ethics, Canon 30, par. 2, last sentence).

In counseling on the contradictory positions, Atty. Doblar has likewise

counselled or abetted activities aimed at defiance of the law or at lessening
confidence in the legal system (Code of Professional Responsibility, Canon 1,
Rule 1.02) because conflicting opinions may result arising from an
interpretation of the same law.

Atty. Doblar could not seek refuge under the umbrella that what he has done
was in protection of his clients. This is so because a lawyer’s duty is not to his
client but to the administration of justice. To that end, his client’s success is
wholly subordinate. His conduct ought to and must always be scrupulously
observant of the law and ethics (Ernesto Pineda, LEGAL AND JUDICIAL
ETHICS, 211 [1999], citing Maglasang vs. People, G.R. No. 90083, October 4,
1990).

Any means not honorable, fair, and honest, which is resorted to by the lawyer,
even in the pursuit of his devotion to his client’s cause, is condemnable and
unethical (Ibid.).

V.
Atty. Repatriar, a law school classmate, approached you on your 25th Class
Reunion, with questions on how he can resume the practice of law in the Philippines.
He left the country in 1977 after two (2) years of initial law practice, and migrated to
the United States where he was admitted to the practice of law in the State of New
York. He asks that you give him a formal legal opinion on his query.

Outline briefly the steps and the supporting legal reasons you would state in your
legal opinion on what Atty. Repatriar should do to resume his Philippine practice.
(8%)

SUGGESTED ANSWER:

Atty. Repatriar must prepare a sworn petition to re-acquire the privilege to

practice law in the Philippines. He should manifest in his petition his desire to
resume his law practice in the Philippines, and he is not disqualified to
practice law. The “right to resume the practice of law” is not automatic. R.A.
No. 9225 provides that a person who intends to practice his profession in the
Philippines must apply with the proper authority for a license or permit to
engage in such practice. It cannot be overstressed that the practice of law is a
privilege burdened with conditions. It is so delicately affected with public
interest that it is both the power and duty of the state (through the Supreme
Court) t control and regulate it in order to protect and promote the public
welfare.

Adherence to rigid standards of mental fitness, maintenance of the highest

degree of morality, faithful observance of the legal profession, compliance
with the mandatory continuing legal education requirement, and payment of
membership fees to the Integrated Bar of the Philippines (IBP) are the
conditions required for membership in good standing in the bar and for
enjoying the privilege to practice law. Any breach by a lawyer of any of these
conditions makes him unworthy of the trust and confidence which the courts
and clients repose in him for the continued exercise of his professional
privilege (In re: petition to re-acquire the privilege to practice law in the
Philippines, Epifanio B. Muneses, B.M. No. 2112, July 24, 2011).

He should file the petition with the Supreme Court, through the Bar Confidant,
accompanied by the original or certified copies of the following documents:

1. Showing that he is still a Filipino citizen. “The Court reiterates that

Filipino citizenship is a requirement for admission to the bar and is, in
fact, a continuing requirement for the practice of law.” (Ibid.) Having
retained Philippine citizenship could be evidenced by the Philippine
passport, the U.S. Green Card showing Philippine citizenship and U.S.
residency, or other authentic documents which the Supreme Court may
require.

On the other hand, if Atty. Repatriar has lost his Philippine citizenship,
he must submit the following:

(a) Petition for Re-Acquisition of Philippine Citizenship;

 (b) Order (for Re-Acquisition of Philippine Citizenship);
(c) Oath of Allegiance to the Republic of the Philippines;
(d) Identification Certificate (IC) issued by the Bureau of Immigration.

The loss of Filipino citizenship means termination of Atty. Repatriar’s

membership in the bar; ipso jure the privilege to engage in the practice
of law. “Under R.A. No. 9225, natural-born citizens who have lost their
Philippine citizenship by reason of their naturalization as citizens of a
foreign country are deemed to have re-acquired their Philippine
citizenship upon taking the oath of allegiance to the Republic. Thus, a
Filipino lawyer who becomes a citizen of another country and later re-
acquires his Philippine citizenship under R.A. No. 9225 remains to be a
member of the Philippine bar.” (Ibid.)

2. Certification from the IBP indicating updated payments of annual

membership dues;

3. Proof of payment of professional tax; and

4. Certificate of compliance issued by the MCLE Office. (Ibid.)

5. A certificate of good moral character attested to by at least three (3)

members of the bar; and

6. A certification from the State Bar of New York that Atty. Repatriar does
not have any previous or pending disciplinary action filed against him
before that body.

VI.

An audit team from the Office of the Court Administrator found that Judge
Contaminada committed serious infractions through the indiscriminate grant of
petitions for annulment of marriage and legal separation. In one year, the judge
granted 300 of such petitions when the average number of petitions of similar nature
granted by an individual judge in his region was only 24 petitions per annum.

The audit revealed many different defects in the granted petitions: many petitions
had not been verified; the required copies of some petitions were not furnished to the
Office of the Solicitor General and the Office of the Provincial Prosecutor; docket
fees had not been fully paid; the parties were not actual residents within the territorial
jurisdiction of the court; and, in some cases, there was no record of the cross-
examinations conducted by the public prosecutor or any documentary evidence
marked and formally offered. All these, viewed in their totality, supported the
improvident and indiscriminate grant that the OCA found.

If you were the counsel for Andy Malasuerte and other litigants whose marriages had
been improperly and finally annulled, discuss your options in administratively
proceeding against Judge Contaminada, and state where and how you would
exercise these options. (8%)
SUGGESTED ANSWER:

As counsel for Andy Malasuerte, I have the option of participating in the

administrative proceedings by filing a verified complaint in writing against
Judge Contaminada with the Office of the Court Administrator, supported by
affidavits of persons who have personal knowledge of the facts alleged therein
or by documents which may substantiate said allegations. The complaint shall
state clearly and concisely the acts and omissions constituting violations of
standards of conduct prescribed for judges by law, the Rules of Court, the
Code of Judicial Conduct (Rules of Court, Rule 140, Sec. 1), and the New Code
of Conduct for the Philippine Judiciary.

[NOTE: The question clearly refers to “administratively proceeding against

Judge Contaminada.” It is suggested that some credit be given if the examinee
discusses the options available for Andy Malasuerte to obtain relief with
regard to his improperly and finally annulled marriage.]

VII.

In an action to prevent the condominium developer from building beyond ten (10)
floors, Judge Cerdo rendered judgment in favor of the defendant developer. The
judgment became final after the plaintiffs failed to appeal on time. Judge Cerdo and
Atty. Cocodrilo, counsel for the developer, thereafter separately purchased a
condominium unit each from the developer.

Did Judge Cerdo and Atty. Cocodrilo commit any act of impropriety or violate any law
for which they should be held liable or sanctioned? (8%)

SUGGESTED ANSWER:

Judge Cerdo and Atty. Cocodrilo did not commit any act of impropriety, nor
did they violate any law.

The prohibition imposed by the Civil Code, Art. 1491(5), prohibiting judges and
attorneys, and that contained in the Canons of Professional Ethics, Canon 10,
with regard to purchase of any interest in the subject matter of the litigation
both refer only to instances where the property is still the subject of litigation.

The prohibition does not apply to instances, such as in the problem, where the
conveyance takes place after the judgment because the property can no
longer be said to be the “subject of litigation” (Director of Lands vs. Ababa,
G.R. No. L-26096, February 27, 1979, 88 SCRA 513).

ALTERNATIVE ANSWER:

Atty. Cocodrilo did not commit any ethical violation nor did he violate any law
when he purchased a condominium unit from the developer. The prohibition
under the Canons of Professional Ethics and under the Civil Code, Art. 1491(5)
finds application only why the property is still the subject of litigation. With the
judgment having attained a state of finality, the property can no longer be said
to be the “subject of litigation.” (Ibid.)

While technically, Judge Cerdo has not violated the provisions of the Civil
Code, Art. 1491(3), when he purchased a condominium unit from the developer
because the judgment has attained a state of finality, there may be some
concerns on the ethical aspect of what he has done.

Familiar is the maxim, Non omne quod licet honestum est (Not everything that
is legal is ethical). Judges, like Judge Cerdo, should be free from any whiff of
impropriety. Judges shall avoid impropriety and the appearance of impropriety
in all of their activities (New Code of Conduct for the Philippine Judiciary,
Canon 4, Sec. 1).

His purchase of a condominium unit from the developer might be interpreted

by some quarters as a consideration for his having decided the case in favor
of the defendant developer.

VIII.

The criminal case arising from the P10-Billion Peso pork barrel scandal was raffled
to Sandiganbayan Justice Marciano Cobarde. Afraid that he would antagonize the
parties, his political patrons and, ultimately, his judicial career, he decided to inhibit
from participating in the case, giving "personal reasons" as his justification.

If you were to question the inhibition of SB Justice Cobarde, on what legal basis, and
where and how will you do this? (8%).

SUGGESTED ANSWER:

The grounds relied upon by Justice Cobarde for his inhibition conveys the
impression that “the parties” and “his political patrons” are in a special
position improperly to influence him in the performance of judicial duties (New
Code of Conduct for the Philippine Judiciary, Canon 4, Sec. 8). Furthermore,
the Sandiganbayan sits in Divisions, so the fears of Justice Cobarde are
unfounded. Justice Cobarde should not shirk from the performance of his
judicial duties.

I would file a motion with the Division of the Sandiganbayan in which Justice
Cobarde is sitting for the remittal of his voluntary inhibition. I would advance
in motion the reasons why the “personal reasons” set forth by the Justice are
insubstantial and do not merit his inhibition. I would likewise set the motion
for hearing as appropriate.

[NOTES: The decision of Justice Marciano Cobarde to inhibit himself on

account of “personal reasons” is not conclusive, and his competency may be
determined on an application for mandamus to compel him to act (Palang vs.
Zosa, G.R. No. L-38229, August 30, 1974, 58 SCRA 776).
The voluntary inhibition of Justice Marciano Cobarde is not subject to
mandamus because voluntary inhibition involves the exercise of discretion
(Gutang, et al., vs. Court of Appeals, et al., G.R. No. 124760, July 8, 1998).]

IX.

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? (8%)

SUGGESTED ANSWER:

Yes, the three (3) of them committed ethical/administrative violations for which
they can be held liable.

For hosting the dinner, Atty. Hermano acted in contravention of ethical

standards. A lawyer should refrain from any impropriety which tends to
influence or give the appearance of influencing the court (Code of Professional
Responsibility, Canon 13). A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating familiarity with judges (Ibid.,
Canon 13, Rule 13.01). Marked attention and unusual hospitality on the part of
a lawyer to a judge, uncalled for by the personal relations [of] the parties,
subject both the judge and the lawyer to misconstruction of motive and should
be avoided (Canons of Professional Ethics, Canon 3, par. 2, 1st sentence). Even
if the purpose of the meeting was merely to “ask advice on how to expedite the
resolution of his case,” Atty. Hermano still acted outside of the bounds of
ethical conduct. This is so because a lawyer deserves rebuke and
denunciation for any device or attempt to gain from a judge special personal
consideration or favor (Ibid., Canon 3, par. 2, 2nd sentence).

Both Judge Patron and Judge Apestado may be held liable for having the
dinner meeting with Atty. Hermano. Judges shall ensure that not only is their
conduct above reproach, but that it is perceived to be so in the view of a
reasonable observer (New Code of Judicial Conduct for the Philippine
Judiciary, Canon 2, Sec. 1). Their having dinner with Atty. Hermano, a
practicing lawyer could be construed as appearance of impropriety.

Judge Patron for having allowed himself to use as a “bridge” by Atty.

Hermano, his fraternity “brod”, to meet with Judge Apestado exhibited judicial
misconduct in the following manner the outcome of litigation or dispute
pending before another court ( Ibid., Canon 1, Sec. 3). Furthermore in allowing
Atty. Hernando to make advantage to his fraternity bond, Judge Patron
allowed the use of prestige of judicial office to advance the private interests of
others, conveyed or permitted his fraternity “brod” to convey the impression
that he is in a special position to influence the judge (Ibid., Canon 1, Sec. 4, 2nd
sentence).

The specific violations of Judge Apestado were committed when he allowed

himself to be convinced by Judge Patron to have the dinner meeting with Atty.
Hermano to discuss how the case may be expedited in performing judicial
duties, judges shall be independent from judicial colleagues in respect of
decisions which the judge is obliged to make independently (Ibid., Canon 1,
Sec. 2). Finally, in having a dinner meeting with Atty. Hermano who has a
pending case with his sala, Judge Apestado has exhibited an appearance of
impropriety in his activities (Ibid., Canon 4, Sec. 1).

X.

As a new lawyer, Attorney Novato started with a practice limited to small claims
cases, legal counseling, and notarization of documents. He put up a solo practice
law office and was assisted by his wife who served as his secretary/helper. He used
a makeshift hut in a vacant lot near the local courts and a local transport regulatory
agency. With this strategic location, he enjoyed heavy patronage assisting walk-in
clients in the preparation and filing of pleadings and in the preparation and
notarization of contracts and documents. He had the foresight of investing in a good
heavy duty copier machine that reproduces quality documents, and charges a
reasonable fee for this service. He draws electric power from an extension wire
connected to an adjoining small restaurant. He put up a shingle that reads: "Atty.
Novato, Specialist in Small Claims, Fastest in Notarization; the Best and Cheapest in
Copier Services."

Is Attorney Novato’s manner of carrying out his professional practice – i.e., mixing
business with the practice of law, announcing his activities via a shingle and locating
his office as above-described – in keeping with appropriate ethical and professional
practice? (8%)

SUGGESTED ANSWER:

No. Attorney Novato’s manner of carrying out his professional practice is not
in keeping with appropriate ethical and professional practice. He has degraded
the law profession which may result to loss of respect to lawyers as a whole.

The use of a makeshift hut standing alone would create the impression that
the lawyer does not have a permanent address which is required to be stated
in all pleadings he signs as well as required to be shown in documents he
notarizes.

His shingle shows that he has considered the law profession as a business.
He should have separate shingle for his copier services business.

When he included in his shingle the phrases “Specialist in Small Claims” and
“Fastest in Notarization” he has transgressed the rule that a lawyer in making
known his legal services shall use only dignified information or statement of
facts (Code of Professional Responsibility, Canon 3). So also the norm that a
lawyer shall not use or permit the use of any misleading, undignified, self-
laudatory or unfair statement or claim regarding his qualifications or legal
services (Ibid., Canon 3, Rule 3.01).

The use of the phrases “Specialist in Small Claims” and “Fastest in

Notarization” is misleading advertisement because they are likely to create an
unjustified expectation about the results the lawyer can achieve or implies that
the lawyer can achieve results by improper means (ABA Model Rule 7.1.b).

MULTIPLE CHOICE QUESTIONS

I. Under the 2004 Rules of Notarial Practice, what may used to satisfy the
requirement of "competent evidence of identity"? (1%)
(A) Passport, Senior Citizen card, HMO card.
(B) Police clearance, credit card, Professional Regulatory Commission ID.
(C) Voter’s ID, NBI clearance, Driver’s license.
(D) Ombudsman’s clearance, private office ID, PhilHealth card.
(E) All of the above.
II. The following are duties of a lawyer but only one of these is expressly stated in the
Lawyer’s Oath. Choose the express duty that the Oath contains. (1%)
(A) To maintain a respectful attitude towards the courts.
(B) To uphold the honor and dignity of the legal profession.
(C) To act with courtesy, candor and fairness toward other lawyers.
(D) To do no falsehood, nor consent to the doing of any in court.
(E) To respect the courts and uphold the dignity of the profession.
III. Atty. Avaro has consistently failed to pay his annual IBP dues for several years.
Demand letters have been sent to him and he has acknowledged receipt of these
letters. However, all the IBP’s efforts proved futile. As a result, the IBP sent Atty.
Avaro a notice that his name would be stricken off the Roll of Attorneys.
Was the IBP’s action correct? (1%)
(A) No, because default in the payment of annual dues only warrants suspension of
Integrated Bar members.
(B) Yes, because non-payment of annual dues is an indicator of the lawyer’s moral
fitness; refusal to pay is refusal to honor his obligation to the IBP.
(C) No, because failure to pay affects a member’s capability to practise, but not his
membership in the Bar.
(D) Yes, because payment of membership dues and other lawful assessments are
conditions sine qua non to the privilege of practising law and to the retention of his
name in the Roll of Attorneys.
(E) None of the above choices is correct.
IV. Ms. Seller and Mr. Buyer presented to a commissioned notary public a deed of
sale for notarization. The notary public explained to them the transaction the deed
embodies and asked them if they were freely entering the transaction. After the
document was signed by all the parties, the notary public collected the notarial fee
but did not issue any BIR-registered receipt.
The notarization of the deed is __________. (1%)
(A) neither unlawful nor improper because he explained the basis for the
computation of the notarial fee
(B) unlawful because he did not issue a BIR-registered receipt and did not post in his
office the complete schedule of chargeable notarial fees
(C) proper because he is not required to issue receipts for notarial fees
(D) improper because he did not ask Ms. Seller and Mr. Buyer if they needed a
receipt
(E) proper because any irregularity in the payment of the notarial fees does not
affect the validity of the notarization made
V. In order to comply with the MCLE requirements, Atty. Ausente enrolled in a
seminar given by an MCLE provider. Whenever he has court or other professional
commitments, he would send his messenger or a member of his legal staff to
register his attendance at the MCLE sessions so he could be credited with the
required qualifying attendance. He would also ask them to secure the printed
handouts and the lecturers’ CDs, all of which he studied in his free time.
Atty. Ausente should be __________. (1%)
(A) required to make up for his absence by attending lecture sessions in other MCLE
providers
(B) sanctioned because he circumvented or evaded full compliance with the
MCLE requirements
(C) excused because he attended to profession-related tasks, and fully studied the
courses through the materials and CDs he secured
(D) penalized by forfeiting all his earned MCLE units
(E) excused because attendance by proxy is a widespread and tolerated MCLE
practice
VI. Plaintiff Jun Ahorro filed a complaint for collection of sum of money before the
Regional Trial Court of Manila. Because of the large amount of his claim, he had to
pay a sizeable docket fee. He insisted on paying the docket fee and other fees in
installments because staggered payment is allowed under Rule 141, as amended.
The Office of the Clerk of Court (OCC) refused to accept the complaint unless he
paid the full amount of the docket and other required fees.
Plaintiff Jun Ahorro’s position __________. (1%)
(A) is allowed because of the large amount of the docket fee
(B) is justified because it is discretionary on the part of the OCC to accept staggered
payment
(C) is incorrect because the amendment on staggered payment has been suspended
(D) is not allowed because the full payment of docket fee is jurisdictional
(E) cannot be allowed because of its prejudicial impact on the judiciary’s financial
operations
VII. Atty. Anunciante is engaged in the practice of law and has a regular, live, weekly
TV program where he gives advice to and answers questions from the audience and
program viewers concerning U.S. immigration problems. Occasionally,
advertisements inviting viewers to watch his TV program are shown outside his
regular program schedule. Because of the popularity of his TV program, the number
of his law practice clients increased tremendously.
The TV program of Atty. Anunciante is __________. (1%)
(A) permissible because it is public service in nature
(B) objectionable because the work involves indirect advertising or solicitation of
business
(C) improper because it gives him an unfair advantage over other lawyers
(D) ethically allowable because it does not violate the traditional standards of the
legal profession
(E) None of the above.
VIII. Vito is a notorious gangster in the province who has been accused of raping and
mercilessly killing a 16-year old girl. Sentiments run very strongly against him and
the local Bar Association met and decided that no lawyer in the locality would
represent him. Vito could not afford the services of an out-of-town counsel.
Choose the most appropriate legal and ethical characterization of the decision of the
local Bar Association. (1%)
(A) It is within its right to make, since lawyers may freely decide who to represent
and who not to represent.
(B) It is unethical; it constitutes a collective denial of Vito’s right to the
assistance of counsel.
(C) It constitutes an anticipated act of contempt towards the court that may order any
of the members of the association to represent the accused.
(D) It must be concurred in by each member of the Bar Association to have any
binding force.
(E) It is unethical because the Bar Association already prejudged Vito.
IX. Graft Investigator Atty. Retirada served the Office of the Deputy Ombudsman for
eight years before retiring from the service. While still a Graft Investigator, she
investigated a government contract for office supplies where Mr. Sakim was the
supplier. The transaction was supposedly overpriced. Atty. Retirada recommended
that no charges be filed against the officials involved and the recommendation
benefited Mr. Sakim as the supplier involved in the transaction.
After her retirement from the service, Atty. Retirada’s services as counsel were
engaged by Mr. Sakim as counsel to represent the Sakim family in a claim against
the State arising from a family property that had been expropriated. Atty. Retirada
now consults you about the ethical permissibility of accepting the engagement.
What advice would you give Atty. Retirada? (1%)
(A) Having been in government service, she cannot now represent a party with a
claim against the State.
(B) Having once handled a case involving her prospective client, a conflict of interest
would exist if she were to accept the engagement.
(C) Representing the Sakim family would involve the unethical use of information she
obtained while in government service.
(D) There is no ethical objection to her acceptance of the engagement because
the case is neither criminal nor administrative in character.
(E) Acceptance of the engagement should be on condition that Atty. Retirada would
withdraw if a conflict of interest situation arises.
X. Your client is the plaintiff in a civil case for damages arising from a car accident
where he sustained serious physical injuries and damages amounting to P1Million.
The counsel for the defendant asks you to give him a proposed amount for purposes
of settlement and you are aware that whatever amount you tell him would not readily
be accepted and would probably be cut into half.
What is your best legal and ethical course of action? (1%)
(A) Inflate your proposal to make allowances for a compromise.
(B) Tell the defendant’s counsel the correct amount of damages.
(C) Offer him a reasonably low amount so that the case can immediately be settled.
(D) Ask the defendant’s counsel to first submit his negotiating figure.
(E) Play hard-to-get and initially refuse all the defendant’s initiatives to settle.
XI. Candido engaged the services of Atty. Lebron in a criminal case. In the course of
their consultations, Candido admitted to Atty. Lebron that he committed the crime
and in fact actively planned its commission. He stressed, however, that under no
circumstance would he admit or confess to the murder charge he is facing and, in
fact, would enter a plea of "not guilty" on arraignment.
If Candido insists on his planned plea, Atty. Lebron should __________. (1%)
(A) discontinue his representation; to continue would be unethical since he would
then be aiding the accused in foisting a deliberate falsehood on the court
(B) allow Candido to choose his course of action; Atty. Lebron’s duty is to
protect all his legal and statutory rights
(C) convince Candido to plead guilty and withdraw from the case if Candido
refuses to heed his advice
(D) file a manifestation, if Candido pleads "not guilty," declaring to the court what he
knows of the truth.
(E) play matters by ear and wait for developments as Candido may still plead guilty.
XII. A Regional Trial Court issues a temporary restraining order ( TRO ) halting the
demolition order issued by the City Mayor who has long loathed the cluster of
shanties put up by informal settlers along the road leading to the city’s commercial
district. The TRO, however, carried conditions that must be in place before the
threatened demolition can be fully halted.
The city legal officer advised the City Engineer’s Office and the local PNP chief that
the TRO’s conditions are not in place so that the demolition could proceed. The city
filed a manifestation reflecting the city legal officer’s position, while the informal
settlers’ counsel sought its own clarification and reconsideration from the court,
which responded by decreeing that the conditions have been fulfilled. Despite this
ruling, the city legal officer insisted that the conditions have not been fulfilled and
thus gave the PNP clearance to aid the City Engineer’s Office in proceeding with the
demolition.
From the perspective of professional ethics, how would you characterize the city
legal officer’s actions? (1%)
(A) It is unethical since he counseled civil servants to disregard a court order.
(B) It is ethical, since he acted in accordance with his honest conviction after
considering that the court’s conditions have not been met.
(C) It constitutes indirect contempt, but the lawyer cannot be disciplined because he
acted out of his firm and honest conviction.
(D) It is neither contemptuous nor unethical since he was performing his duties as
city legal officer.
(E) It is unethical since the City Legal Officer was simply blindly following the Mayor’s
wishes.
XIII. The mediator assigned to a civil case happens to be your law school classmate
and he makes a doctrinal statement about the rights of the parties. You knew that
the statement, although favorable to your client’s case, is incorrect.
The ethical move to make under the circumstances is to __________. (1%)
(A) correct the mediator and state the right doctrine
(B) just keep quiet because the other counsel might learn about your relationship
with the mediator
(C) reveal your relationship with the mediator and ask the opposing counsel if
he has any objections
(D) request the Mediation Supervisor to immediately change the mediator
(E) simply withdraw from the case because of the unfair advantage that you enjoy
XIV. Wanda finally became pregnant in the 10th year of her marriage to Horacio. As
her pregnancy progressed, she started having difficulty breathing and was easily
fatigued. The doctors diagnosed that she has a heart congestion problem dueto a
valve defect, and that her chances of carrying a baby to full term are slim. Wanda is
scared and contemplates the possibility of abortion. She thus sought legal advice
from Diana, a lawyer-friend and fellow church member, who has been informally
advising her on legal matters.
What is Diana’s best ethical response? (1%)
(A) Beg off from giving any advice because it is a situation that is not purely legal.
(B) Advise Wanda on the purely legal side of her problem and assure her that
abortion is allowed by law if the pregnancy endangers the life of the mother.
(C) Advise that it is a religious problem before it is a medical or legal one, and
Wanda should consult and follow the advice of her religious confessor.
(D) Advise Wanda that abortion, above everything else, is a moral problem and she
should only have an abortion if it is an act she can live with.
(E) Refrain from giving any kind of advice as abortion is a serious matter that cannot
be resolved through informal consultations with friends and fellow church members.
XV. Based on the same facts as Question XIV, assume that Diana, aside from being
a family friend of the couple, has been formally and informally acting as their lawyer
in all their personal and family affairs. She has represented them in court in a case
involving a car accident and in the purchase of their family home, for which they
formally paid the attorney’s fees that Diana billed.
In this instance, Wanda asked about her legal rights but did not formally ask for a
written opinion from Diana. Horacio never had any input on the query as he was then
away on an out-of-town trip for his office.
Diana advised Wanda that she is fully protected in law and her best course of action
is to have an abortion while her pregnancy is not yet far advanced.
Did Diana violate the prohibition against representing conflicting interests when she
provided legal advice to Wanda without Horacio’s knowledge? (1%)
(A) Yes. The decision of whether to have an abortion should be decided by
both spouses; thus, Diana should not have provided legal advice in the
absence of Horacio whose concerns and positions are unknown to her.
(B) No. Diana did not give any formal advice that would constitute legal practice
calling for the strict observance of the conflict of interest rules.
(C) No. The decision on whether or not to have an abortion lies solely with
Wanda; it is her body and health that is in issue.
(D) No. Horacio and Wanda are married, any advice given to Wanda is deemed to
have been given to Horacio as well.
(E) No. Giving advice to Wanda is not necessarily acting against Horacio’s interest;
Diana was giving advice based on the couple’s best interest.
XVI. ABLE Law Office has a retainer agreement with Santino, a businessman with
shady connections, who has recently been charged with laundering money for an
illegal drugs syndicate using Cable Co., Santino’s holding company. The lawyers of
ABLE Law Office assigned to handle Santino’s account have been impleaded as co-
defendants for incorporating and actively handling the affairs of Cable Co.
In its bid to strengthen its case against the defendants, the prosecution approached
you (as the least guilty defendant who would qualify for a discharge as a state
witness) and offers to make you a state witness.
Can you accept, within the bounds of professional ethics, the prosecution’s offer?
(1%)
(A) No, as Santino’s lawyer you are duty-bound to protect his interests, ably
represent him in court, and not turn against him.
(B) Yes, as an officer of the court, you have the duty to disclose to the court
information crucial to the case.
(C) No, the information you acquired involving the criminal case against
Santino is covered by the privileged communications rule.
(D) Yes, a lawyer may testify against his client provided he first severs the lawyer-
client relationship.
(E) Yes, the law of self-preservation is akin to the law of self-defense and stands
higher than any obligation you may have with your client.
XVII. Under the same essential facts as the preceding Question XVI, assume that
you have resigned from ABLE Law Office and that you were never impleaded as a
co-defendant, but during your stay with the firm, you assisted in handling the Cobra
Co. account, which is largely owned by Cable Co.
The prosecutor handling the case against Santino and the law firm asks you, as a
former law firm member, if you can help strengthen the prosecution’s case and hints
that you, too, may be impleaded as a co-defendant if you do not cooperate.
What is your best legal and ethical course of action? (1%)
(A) Offer to testify on what you know and provide evidence against the defendants in
exchange for a guarantee of immunity from prosecution in the case.
(B) Offer to provide evidence against Santino, but clarify that you cannot testify
against Santino because of the privileged communications rule
(C) Decline to testify against the defendants and to provide evidence in the
case as the attorney-client privilege lasts even beyond the termination of the
relationship.
(D) Decline to testify against the defendants as whatever information you acquired
from Santino and Cable Co. in the course of the lawyer-client relationship is
privileged.
(E) Alert the law firm to the prosecution’s offer so that they can prepare for the
evidence within your knowledge that the prosecution may use.
XVIII. You are a lawyer working in the Public Assistance Office. Yolly, a key witness
in the case (reckless imprudence resulting in homicide) you are handling, is indigent
and illiterate. While Yolly is willing to testify in court, you worry that the judge might
not be able to appreciate the impact of her testimony, as she has a difficult time
answering English questions. You also worry that this might affect her credibility.
Further, Yolly has indicated that she might not have the money to pay the fare to
attend the trial. You are presenting her as a witness for the defense at the hearing
next week.
Which of the following is NOT a permissible act for you to do? (1%)
(A) Provide Yolly with money for fare to ensure her attendance in court.
(B) Interview Yolly before trial, so that she will be more at ease when she testifies
before the court.
(C) Prepare a judicial affidavit of Yolly’s testimony, which she will then verify before
the court.
(D) Provide her with sample questions that you might ask in the hearing tomorrow.
(E) All the above are permissible.
XIX. You are a lawyer working at the Office of the Special Prosecutor and you are
part of the team handling the case against former Senator Avido who is charged with
plunder. Based on your assessment of the evidence that the complainant Linda
submitted, you know that the case against former Senator Avido is weak, although
you instinctively feel that he is guilty. You inform your friend Atty. Curioso (who works
with the office of Senator Elmismo, a known political rival of Senator Avido)
regarding your instinctive feeling about Senator Avido. Atty. Curioso springs a
surprise by giving you a recording of the wiretapped conversation between Senator
Avido and Napo, a private party co-accused, about the transaction complained of
and how they would split the proceeds.
What will you do under these circumstances? (1%)
(A) Disregard the wiretapped conversation as it is inadmissible and will not
serve any useful purpose in the trial of the case.
(B) Present the wiretapped conversation in court; although inadmissible, its
introduction and the disclosure of its existence is a right that the public is entitled to.
(C) Leak the wiretapped conversation to the media, to let the public know what really
happened.
(D) Submit the wiretapped conversation to the Senate which is in the best position to
determine what to do with it.
(E) Let Napo privately know, through 3 rd parties, that you are aware of the
existence of the taped conversation, with the hint that he can still hope for a lighter
penalty if he would cooperate.
XX. Armin, holding a transfer certificate of title to a lot in downtown Calamba in the
name of Bobby, shows you the title and claims that Bobby sold him the lot. He then
asks you to draft a deed of sale covering the transaction. In reply to your query on
where Bobby is, Armin explains that Bobby is currently out of the country but he
(Armin) has his general power of attorney which he also shows to you. The power of
attorney empowers Armin to do everything that Bobby can do with the Calamba lot,
but you note that it does not specifically authorize Armin to sell the property. Armin
also assures you that he wants the deed of sale drafted so he can send it to Bobby
for his signature even while overseas.
How will you act under the given circumstances? (1%)
(A) Agree to draft the deed of sale, subject to your usual 10%commission.
(B) Refuse to draft the deed of sale, as Armin has not presented a special
power of attorney that would support the deed that he is asking you to
prepare.
(C) Refuse to draft the deed of sale, as Bobby is not present to sign the deed of sale
and verify that he is indeed selling his lot to Armin.
(D) Agree to draft the deed of sale, since it is only a draft that Bobby still has to
consider and sign.
(E) Refuse to have anything to do with Armin’s request because it is a potentially
problematic situation given the price of lots in downtown Calamba.

2014 BAR EXAMINATION IN

LEGAL ETHICS
 (With Suggested Answers)
ESSAY QUESTIONS

1. Judge A is a close friend of Governor G. On several occasions, Judge A

would borrow vehicles from the office of the Governor to travel to his judicial
stations. Judge A’s actuation: (1%)

(c) is downright unethical

2. R is retained counsel of ABC Bank-Ermita Branch. One day, his Balikbayan

Compadre B, consulted him about his unclaimed deposits with the said
branch of ABC Bank, which the bank had refused to give to him claiming that
the account had become dormant. R agreed to file a case against the bank
with the Regional Trial Court (RTC) of Manila. B lost the case, but upon the
advice of R, he no longer appealed the decision. B later discovered that R
was the retained counsel of ABC Bank-Ermita Branch. Does B have any
remedy? Discuss the legal and ethical implications of the problem. (4%)

SUGGESTED ANSWER:

B can file an administrative case against R for representing conflicting of interest of

ABC Bank and B in violation of Rule 15.03 of the Code of Professional Responsibility.
There is also conflict of interest when a lawyer represents inconsistent interests of two or
more opposing parties. In the instant question, the test is" whether or not in behalf of one
client, it is the lawyer's duty to fight for an issue or claim, but it is his duty to oppose it for the
other client. In brief, if he argues for one client, this argument will be opposed by him when
he argues for the other client." The prohibition is founded on the principles of public policy
and good taste. It behooves lawyers not only to keep inviolate the client's confidence, but
also to avoid the appearance of treachery and double-dealing for only then can litigants be
encouraged to entrust their secrets to their lawyers, which is of paramount importance in
the administration of justice. (Orola vs. Atty. Ramos, Sept. 11, 2013).

3. The Code of Professional Responsibility is the code of conduct for: (1%)

(C) members of the Bench and Bar. Although the Code of Professional
Responsibility refers to lawyers, members of the bench are lawyers who are required
to comment on the complaints filed against them and show cause why they should
not be suspended, disbarred or otherwise disciplinary sanctioned as a member of
the bar as provided for in A. M. 02-9-02 SC (Re : Automatic conversion of some
administrative cases against Justices (except Supreme Court Justices who can only
be the subject if impeachment), Judges and Court Officials who are lawyers as
disciplinary proceedings against them both in such officials and as members of the
Philippine Bar).

4. A is accused of robbery in a complaint filed by B. A sought free legal

assistance from the Public Attorney’s Office (PAO) and Atty. C was assigned
to handle his case. After reviewing the facts as stated in the complaint and as
narrated by A, Atty. C is convinced that A is guilty. (4%)

SUGGESTED ANSWER:
 (A) Atty. C of the PAO cannot refuse to handle the defense of A who is an
indigent client based on its circular. He is a counsel de oficio who is duty bound to
exert his best effort and professional ability to defend his client (People vs. Esteba,
27 SCRA 106). Moreover, he cannot not decline the appointment as counsel de
oficio (Rule 14.02, Code of Professional Responsibility).

(B). No he cannot. A counsel can withdraw his services only for good cause
and upon notice appropriate to the circumstances under Canon 22 of the Code of
Professional Responsibility. This is not one of the grounds to justify withdrawal
under Rule 22.01 of the CPR unless the client insists that the lawyer pursue conduct
violative of the canons and rules. In Rule 14.01, CPR, a lawyer shall not decline to
represent a client because of his own opinion regarding the guilt of said person.

5. The rendition of free legal service is a lawyer’s: (1%)

(A) moral duty.

Moral duty is above social obligation and legal mandate. The lawyer
voluntarily imposes upon himself higher duties and more noble obligations
enshrined in the Lawyer's Oath which goes beyond commitment to social
obligation and legal mandates.

6. 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. (5%)

SUGGESTED ANSWER:

Judge H can suspend Atty. D for gross misconduct under Sections 27 and 28,
Rule 138 of the Rules of Court. Judge H, however, cannot disbar Atty. D because it
is only the Supreme Court who can impose such penalty in accordance with its
authority under Section 27, Rule 138 of the Rules of Court and the authority of the
Supreme Court to discipline lawyers under the 1987 Constitution.

7. The court ordered Atty. Z to testify as a witness for his client in the very case
he is handling, but he refused on the ground that it would violate the rule on
privileged communication. Atty. Z is guilty of: (1%)

Distinction should be made. If Atty. Z refuses to testify on formal matters, like

mailing, authentication or custody of documents, he can be cited for direct contempt
(under Section 1, Rule 71 of the Rules of Court) for refusal to be a witness.
However, if the matter to be testified is substantial, he cannot be guilty of contempt
or any violation of his duty to the court, based on Rule 12.08, Code of Professional
Responsibility.
 8. C and D are law partners using the firm name C and D – Attorneys –at –Law.
In an administrative case filed against C, the Supreme Court (SC) found that
C was not entitled to admission to the practice of law in the Philippines and
ordered his name stricken-off from the Roll of Attorneys. As a result C and D
changed their firm name to Law Office of D – Attorney – at – Law, C –
Counselor, with C handling purely counselling and office work while D is the
law practitioner. Are C and D liable for contempt of the court? Explain your
answer. (5%)

C and D are liable for contempt of court. C and D formed a professional

partnership wherein they contributed money, property and industry. C assumes to be
an attorney without any authority. D not only assist in the illegal practice of law but
conspired with C. Canon 9 of the CPR clearly states that a lawyer shall not, directly
or indirectly, assist in the unauthorized practice of law. As counselling is
considered practice of law, D delegated the performance of a legal task to C, an
unqualified person.

9. Judge A accepted a gift consisting of assorted canned goods other grocery

items from his compadre whose friend has a pending case with him. He
accepted the gift just so as not to embarrass his compadre. When his
compadre left his chambers, he asked his secretary to donate the gift he
received to the victims of Typhoon Yolanda. Did the judge cross the ethical
line? Explain your answer. (5%)

SUGGESTED ANSWER:

Judge A crossed the ethical line. He violated the canon of Propriety. As a

subject of public scrutiny, judges must accept personal restrictions that might be
viewed as burdensome by ordinary citizens and should do so freely and voluntarily.
(Section1, Canon 4, New Code of Judicial Conduct for the Philippine Judiciary).

10. Atty M is a partner in the law firm OMP & Associates. C, a former classmate
of Atty. M engaged the legal services of Atty. M to handle his appeal to the
Court of Appeals (CA) from an adverse decision of the Regional Trial Court
(RTC) in his annulment case. After the notice to file brief was issued by the
CA, Atty. M met an accident which incapacitated him from further engaging
law practice. May Atty. P, his partner in the law firm, file the required appeal
brief for C? Explain your answer. (5%)

SUGGESTED ANSWER:

Yes, Atty. P can file the required appeal brief. Atty. P is an associate OMP &
Associates. The law firm which has a legal personality as a professional partnership
is the counsel, not Atty. P or Atty. M.
 11. A judge who insults counsel and shouts invectives at a litigant is guilty of:
(1%)

The judge is guilty of serious misconduct. Under Canon 4, New Code of

Judicial Conduct for the Philippine Judiciary, a judge shall avoid impropriety and the
appearance of impropriety in all his activities. In the problem, the judge (in his
capacity as such) insults a counsel and shouts invectives at a litigant (not as
individuals).

12. A inherited parcel of land situated in Batasan Hills which is occupied by

informal settlers. He wanted to eject the occupants, but he has no financial
means to pursue the ejectment case. He contracted the services of Atty. B,
who agreed to defray all the expenses of the suit on the condition that he will
be paid one-half () of the property to be recovered as his compensation. What
is this kind of attorney’s fees? Can Atty. B enforce this contract against A?

What are the respective remedies relative to the collection of attorney’s fees,
if any, of A and Atty. B against each other? (5%)

SUGGESTED ANSWER:

This is a champertous contract and not a contingent contract. In the problem,

Atty. B defrays all the expenses for litigation and gets 50% of the property to be
recovered as his compensation, which the characterstics of a champertous; hence,
void for being contrary to public policy. The legal profession exists to serve the ends
of justice and is not to be conducted as a business enterprise. Since the contract is
void, Atty. B cannot enforce it against A but A has a cause of action against Atty. B
for unethical conduct.

13. M engaged the services of Atty. D to prosecute his annulment of marriage

case in the Regional Trial Court (RTC). After a long-drawn trial, Atty. D was
able to secure a favourable judgment from the court. Unfortunately, M has
failed to pay in full the stipulated attorney’s fees of Atty. D. How can Atty. D
collect his fees from M? Discuss fully. (4%)

SUGGESTED ANSWER:

D can exercise the remedy of retaining lien over the documents and other
pieces of evidence which have lawfully come to his possession, under Sec. 37,
Rule 138 of the Revised Rules of Court. The payment of attorney's fee is based on
the services rendered and not dependent on the success or failure of the case.

14. A person named and appointed by the court to defend an absentee defendant
in the suit in which the appointment is made is an: (1%)

(a) attorney-in-fact
 (b) attorney ad hoc
(c) attorney de oficio

15. 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%)

SUGGESTED ANSWER:

Yes, the Code of Professional Responsibility prohibits unauthorized practice

of law so that lawyers cannot directly or indirectly assist said practice, or delegate its
practice to one who is not qualified to do so. In partnership, the act of a partner is
the act of the partnership; hence, a non-lawyer cannot perform an act that has a
legal effect and in the name of the partnership.

16. A person who has been refused admission to the bar by order of the Supreme
Court but nonetheless attempts to practice law is guilty of: (1%)
(a) direct contempt
(b) indirect contempt
(c) criminal attempt

17. Judge Clint Braso is hearing a case between Mr. Timothy and Khristopher
Company, a company where his wife used to work as one of its Junior
Executives for several years. Doubting the impartiality of the Judge, Mr.
Timothy filed a motion to inhibit Judge Clint Braso. Judge Clint Braso refused
on the ground that his wife has long resigned from the company. Decide. (4%)

SUGGESTED ANSWER:

The matter of inhibition is addressed to the judicious discretion of the judge;

hence, only he can examine is his conscience if he can answer to the call of cold
neutrality.

18. The Integrated Bar of the Philippines (IBP) may intervene in a case involving
a matter of public law or professional concern as: (1%)

(a) friend of the court

(b) amicus par excellence
(c) amicus curiae

19. After the pre-trial of a civil case for replevin, Judge D advised B’s counsel to
settle the case because according to Judge D, his initial assessment of the
case shows that B’s evidence is weak. (4%)

(a) Did Judge D commit an act of impropriety? Explain

(b) What remedy or remedies may be taken by B’s lawyer against Judge
D? Discuss Fully.
 SUGGESTED ANSWER:

(A) Yes, Judge D violated Canon 3, Impartiality, New Code of Judicial

Conduct for the Philippine Judiciary. He should not make any comment that might
reasonably be expected the effect the outcome of the proceedings or impair the
manifest fairness of the process.

(B) B's lawyer can file a motion for the disqualification of the judge under
Canon 3 for bias or prejudice based on the appearance of the comment to a
reasonable observer. A pre-trial is not yet the complete and exhaustive
presentation of evidence of the parties.

20. B hired Atty. Z to file a replevin case against C for an agreed acceptance fee
of P30,000.00 which was evidence by a written contract. After the complaint
was filed by Atty. Z, B terminated this services and hire a new lawyer for the
same amount of attorney’s fees. How much attorney’s fees is Atty. Z entitled
to? (4%)

SUGGESTED ANSWER:

Under Section 26, Rule 138, Atty. Z is entitled to the full amount, if his
dismissal is without justifiable cause.

21. Justice B of the Court of Appeals (CA) was a former Regional Trial Court
(RTC) Judge. A case which he heard as a trial judge was raffled off to him.
The appellant sought his disqualification from the case but he refused on the
ground that he was not the judge who decided the case as he was already
promoted to the appellate court before he could decide the case. Was the
refusal of Justice B to recuse from the case proper? Explain your answer.
(5%)

SUGGESTED ANSWER:

Justice B's refusal to recuse is not proper. After hearing the evidence during
the trial when he was still a judge, he has personal knowledge of the disputed
evidentiary facts concerning the proceedings. The standard under the New Code of
Judicial Conduct on the inability of Justice B to decide the matter impartially is not in
him but the appearance of the disqualification of Justice D to a reasonable observer
that he is unable to decide the matter impartially. The conduct of a judge/justice
should not only be above reproach but it should be also perceived to be so in the
view of a reasonable observer (Canon 2, Integrity, New Code of Judicial Conduct).

22. (A) May a lawyer collect fees for services rendered to his client despite the
absence of an agreement to pay attorney’s fees?
 (B) In the absence of a contract for the payment of attorney’s fees, what
factor/s may be considered in fixing the amount of attorney’s fees?

SUGGESTED ANSWER:

(A) Yes, it is based on quantum meruit but it can be tempered by the court if
its is unconscionable.

(B) Under Canon 20.01 of the CPR, the following factors are considered:

a) The time spent and the extent of the services rendered or

required;
b) The novelty and difficulty of the questions involved;
c)The importance of the subject matter;
d)The skill demanded;
e) The probability of losing other employment as a result of
acceptance of the proffered case;
f) The customary charges for similar services and the schedule of
fees of the IBP chapter to which he belongs;
g) The amount involved in the controversy and the benefits resulting
to the client form the service;
h)The contingency or certainty of compensation;
i) The character of the employment, whether occasional or
established; and
j) The professional standing of the lawyer.

23. (A) May a client hire additional counsel as collaborating counsel over and
above the objection of the original counsel?
(B) If the client insists, may the original counsel withdraw from the case, and
how?

SUGGESTED ANSWER:

(A) a client may hire additional counsel as collaborating counsel because it is

his (client) prerogative.

(B) The original counsel may withdraw based on Rule 22.01 (c), CPR
because his inability to work with the collaborating counsel will not promote
the best interest of the client.

24. (A) May an attorney talk to his witnesses before and during the trial? Explain.
(B) In case of postponement of the trial, whose decision should prevail – the
client or his attorney? Explain the governing rule. (4%)
 SUGGESTED ANSWER:

(A) an attorney can talk with his witnesses before the trial but it is unethical to
do so if the client is already on the witness stand during the trial.

(B). On matters of legal procedure, it is the decision of the lawyer that

prevails.

25. Judge A has an illicit relationship with B, his Branch Clerk of Court. C, the wife
of Judge A, discovered the illicit affair and consulted a lawyer to vindicate her
violated marital rights. If you were that lawyer, what would you advice C, and
if she agrees and asks you to proceed to take action, what is the legal
procedure that you should follow? Discuss fully. (4%)

SUGGESTED ANSWER:

File a case of immorality against Judge A and the clerk of court for violation or
Rule 1.01, CPR; impropriety under Canon 4 of the New Code of Judicial Conduct
against Judge A; and invoke the automatic conversion of the administrative case
against Judge A and the clerk of court as members of the bar under A.M. No. 02-9-
02-SC, with the Office of the Court Administrator. Complaint for disbarment against
Judge A and the clerk of court may also be filed. (This is without prejudice to the
filing of criminal and civil cases).

26. (A) If an attorney has been granted by his client full authority to enter into an
amicable settlement with the other party, may the client later on refuse to
honor the amicable settlement forged by this attorney? Explain.
(B) In such instance as in (A) above, can the lawyer withdraw from the case
and collect in full his contracted attorney’s fees? Why or why not?

SUGGESTED ANSWER:

(A) The client cannot refuse to honor the amicable settlement. Since the lawyer is
clothed with the proper authority, the amicable settlement is in the form of
compromise agreement which is immediately executory under the New Civil Code.
The client is now estopped from denying the authority of his lawyer.

(B) Under Section 26, Rule 138 of the Rules of Court, the lawyer can withdraw
from the case and collect in full his contracted attorney's fee since his duty to his
client has already concluded with the execution of the amicable settlement.

27. Atty. C was hired by D to file an action against E for recovery of possession of
real property. In their contract of service, they stipulated that D cannot
compromise the case without the consent of Atty. C. After trial and unknown
to Atty. C, D entered into a compromise with E. Atty. C withdrew from the
case and collected from D. (1%)
 (A) Atty. C can collect his attorney's fees under the contract based on Section
26, Rule 138 of the Rules of Court. The act done by D is without justifiable cause.

28. Atty. Forma is a member of the Philippine Bar. He went to New York City, took
the New York State Bar, and passed the same. He then practice in New York
City. One of his American clients filed a case for disbarment against him for
pocketing the money which was entrusted to him as payment for the filing fee
and other incidental expenses for his damage suit. Atty. Forma was later
disbarred for dishonesty. Disheartened, Atty. Forma came back to the
Philippines and practiced as a lawyer. Will his disbarment in New York be
used against him for purposes of disbarment proceeding here in the
Philippines?

SUGGESTED ANSWER:

Yes, his disbarment in New York can be used against him but he should be
accorded due process.

29. If a lawyer volunteers his free legal service to a poor client. (1%)

(B) Under Canon 14.04 of the CPR, he is bound to serve his client with same
degree of competence, fidelity and diligence as his paying client. The legal
profession is not a business enterprise but a profession to serve the ends of justice.

30. (A) Can a lawyer who lacks the number of units required by the Mandatory
Continuing Legal Education (MCLE) Board continue to practice his
profession?
(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?
(C) Can a lawyer still practice his profession despite having arrears in his
Integrated Bar of the Philippines (IBP) dues?

SUGGESTED ANSWER:

(A) A lawyer who lacks the number of units required by MCLE cannot
continue to practice the legal profession since he is declared as a delinquent
member of the bar per Resolution of the Supreme Court dated January 14, 2014,
revoking OCA Circular No. 66-2008.

(B) Yes, lawyer may be held for damages by his client for failure to represent
his client with zeal (Canon 19, CPR) and for not serving his client with competence
and diligence (Canon 18, CPR).
(C) Arrears in the IBP may be a ground to suspend the lawyer upon recommendation
by the IBP to the Suprme Court.
 SUGGESTED ANSWERS TO THE 2016
BAR EXAMINATIONS
IN
LEGAL, ETHICS

State the duties of a lawyer imposed by the Lawyer's Oath. (5%)

SUGGESTED ANSWER:

The following are the duties ofla 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 conduct himself as a lawyer according to the best of 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.

II

State at least five (5) instances where judges should disqualify themselves
from participating in any proceedings where their impartiality might reasonably be
questioned. (5%)

SUGGESTED ANSWER:

Any five (5) of the following instances provided in Section 5, Canon 3 of the

New Code of Conduct for the Philippine Judiciary:

 (a) The judge has actual bias or prejudice concerning a party

or personal knowledge of disputed evidentiary facts

concerning the proceedings;

(b) The judge previously served as a lawyer or was a material

witness in the matter in controversy;

(c) The judge or a member of his or her family has an economic

interest in the outcome of the matter in controversy;

(d) The judge served as executor, administrator, guardian,
trustee or lawyer in the case or matter in controversy, or a

former associate of the judge served as counsel during their

association, or the judge or lawyer was a material witness

therein;

(e) The judge's ruling in a lower court is the subject of review;

(f) The judge is related by consanguinity or affinity to a party

litigant within the sixth civil degree or to counsel within the

fourth civil degree; or

(g) The judge knows that his or her spouse or child has a
financial interest, as heir, legatee, creditor, fiduciary, or

otherwise, in the subject matter in controversy or in a party to

the proceeding, or any other interest that could be

substantially affected by the outcome of the proceedings".
Section 1, Rule 137, of the Revised Rules of Court, provides for similar

grounds.

III

Differentiate "retaining lien" from "charging lien." (5%)

SUGGESTED ANSWER:

A retaining lien gives the lawyer the right to retain the funds,
ome into his
documents and papers of the client which have lawfully c
have been paid.
possession, until his lawful fees and disbursements A
charging lien is a lien upon all judgments for payment of a sum of money and

executions thereof, to ensure payment of his fees and disbursements in the

said case.

A retaining lien is a passive lien; the lawyer is not required to perform any
act except to hold on to the client's funds, documents and papers, until his fees
and disbursements are paid. A charging lien is an active lien; the lawyer is
required to file a motion in court, with copy served on the adverse party, to have
a statement of his claim to such fees and disbursements charged or attached
to the decision in such case and executions thereof.

A retaining lien is a general lien; it may be resorted to in order to secure

payment of the lawyer's fees in all the cases he has handled and services he has

rendered to the client. A charging lien is a special lien; it can be utilized for the

purpose of collecting only the unpaid fees and disbursements of the lawyer in

the case where the judgment for a sum of money may be secured.

IV

[a] A sign was posted at the ciuilding where the law office of Atty. Redentor
Walang-Talo is located. The sign reads:

Atty. Redentor A. Walang-Talo

Chairman, IBP Legal Aid Committee
Makati City IBP Chapter
Free conciliation, mediation and court representation
Suite 210, Galaxy Building, J.P. Rizal Street, Makati City

Does the posting constitute solicitation? (2.5%)

SUGGESTED ANSWER:

[a] There is nothing wrongwith this advertisement. The statement that he

is the chairman of the IBP Legal Aid Committee is factual and true.
Canon 27 of the Canons of Professional Ethics states that "memberships

and offices in bar associations and committees thereof" may be included

in a lawyer's advertisement. The statement that he gives free

 consultation, mediation, and court representation services is for the
purpose of promoting the IBP Legal Aid Committee.

[b] Suppose the sign reads:

Atty. Redentor A. Walang-Talo

Attorney and Counsel-at-Law
General practitioner
(Accepts pro bono cases pursuant to the IBP Legal Aid Program)

Does the posting constitute solicitation? (2.5%)

SUGGESTED ANSWER:

[b] On the other hand, this advertisement is for the benefit of the lawyer

alone, and constitutes solicitation.

ALTERNATIVE ANSWER:
[b[ This does not constitute solicitation. The lawyer does not claim to be a
specialist, but only a "general practitioner". The statement that he

accepts pro bono cases is not for the purpose of promoting his

"business", as "pro bono" means "for free".

Constantino was accusediof estafa by Hazel, the wife of Judge Andres, for
misappropriating the ring she entrusted to him. Since Judge Andres was present
when Hazel handed the ring to Constantino, he was compelled by his wife to
testify as a witness for the prosecution in the criminal case. Did the judge commit any
violation of the New Code, of Judicial Conduct for the Philippine Judiciary?
Explain. (5%)

SUGGESTED ANSWER:

Section 4, Canon 4 of the New Code of Judicial Conduct for the

Philippine Judiciary provides that "Judges shall not participate in the

determination of a case in which any member of their family represents

a litigant or is associated in any manner with the case." Judge Constantino's

appearance as a witness in the criminal case in which his wife was the
offended party is violative oil this rule. It may also be violative of Section 3,
Canon 1, which provides that "judges shall refrain from influencing in any
manner the outcome of litigation or dispute pending before another court or
administrative agency".

VI

Andrew engaged the services of Atty. Juju under a contingent fee agreement to
help him file a complaint for damages against his employer, Wilkon Shipping, Inc.
Atty. Juju handled Andrew's case for two (2) years before the Labor Arbiter and the
National Labor Relations Commission (NLRC), filing the necessary pleadings and
attending several hearings. The complaint, however, was dismissed. To improve his
chances, Andrew replaced Atty. Juju with Atty. Jen, who eventually succeeded
in getting a favorable decision from the Court of Appeals, which became final When
Andrew's claims were satisfied by Wilkon, Atty. Juju filed a collection suit against
him claiming that he (Atty. Juju) is entitled to attorney's fees for the services he
rendered for two (2) years. Will the collection suit prosper? Explain. (5%)

SUGGESTED ANSWER:

The collection case willnot prosper. The agreement for attorney's fees
between Andrew and Attyh Juju was a contingent fee agreement. A
contingent fee agreement is pne in which the lawyer will be paid a fee only
when he is successful in handing the case of the client. In this case, Atty. Juju was
not successful in handlig the case of Andrew. It was Atty. Jen who won the case
for the client.

ALTERNATIVE ANSWER:

Atty. Juju is entitled to attorney's fees based on quantum meruit. The case
Court of Appeals. In appealed
was decided in favor of Andrew by the cases, the
t is presented during the hearings, and
appellate court relies on wha no other
t stage.
evidence is presented at tha
 VII

Apollo hired Atty. Dennis to file an action for damages. Since Apollo has no
money, he entered into a contingent fee agreement where Atty. Dennis will
shoulder all expenses of litigation and will not charge for legal services. In case of a
favorable decision, Apollo agreed to transfer to his lawyer a lot in Cebu.
Eventually, Apollo won the caw. Atty. Dennis asked Apollo to execute the deed of
sale, but the latter refused upon advice of a friend that the agreement is illegal. Due to
threats of legal action by his lawyer, Apollo filed a complaint before the Supreme
Court alleging that the agreement is a champertous contract. Rule on the legality of
the agreement on contingent fee and the propriety of getting the property of
Apollo. Explain. (5V0)

SUGGESTED ANSWER:

The contract for attorney's fees between Atty. Dennis and Apollo is

indeed a champertous agreement. A champertous agreement is similar to a

contingent fee agreement wherein the lawyer will be paid only if he is

successful in handling the case. But what makes it champertous is the

provision, as in this case, that the lawyer will shoulder all the expenses of

litigation. That makes the lawyer a businessman who invested in the case in the

hope that he will profit from such investment. A contingent fee contract is valid,
while a champertous agreement is invalid.

With regard to the acquisition by Atty. Dennis of Apollo's property in

Cebu, the same will not be in violation of Article 1491 of the New Civil Code, if the

contract was simply a contingent fee contract, because the property in Cebu

was not involved in thel case that Atty. Dennis handled, and the lot will not be

transferred to Atty. Dennis until the case was terminated.

VIII

0.00.
Arthur hired Atty. Jojo to file a complaint for the collection of P500,00 He
0 as acceptance fee and
agreed to pay Atty. Jojo the amounts of P100,000.0
partial payment of the
P100,000.00 as success fee. Arthur paid P50,000.00 as
nce of P50,000.00 after
acceptance fee with the promise to pay the bala
e-trial, the defendant paid to Atty.
presentation of Arthur's evidence. During the pr
Jojo the amount of P100,000.00 as partial payment of his debt. Considering that he
has not yet been paid of the balance of his acceptance fee, Atty. Jojo applied
P50,000.00 to the balance of the acceptance fee and the remaining P50,000.00 was
deposited in his bank account for safekeeping. Despite the lapse of one (1) month,
Arthur was not informed of the payment. Arthur sued Atty. Jojo for keeping the
money and argues that the latter violated the rules under Canon 16 of the CPR that a
lawyer shall holds in trust all monies of his client that may come into his
possession. Atty. Jojo claims he has a lien on the monies paid to him by the
defendant. Rule on the complaint and explain. (5%)

SUGGESTED ANSWER:

Atty. Jojo violated Canon 16 of the Code of Professional Responsibility

which provides that "a lawyer shall hold in trust all moneys and properties of his

client that may come into his possession", and Rule 16.01, which provides that

"a lawyer shall account for all money or property collected or received for or

from the client". Atty. Jojo received P100,000.00 from the defendant as

partial payment of his debt to Arthur. Instead of holding the said amount in

trust for Arthur, Atty. Jojo applied P50,000.00 to the unpaid balance of his

acceptance fee, and deposited the other P50,000.00 in his bank account. While

Rule 6.03 provides that a lawyer shall have a lien over the funds of his client

and may apply so much thereof as may be necessary to satisfy his lawful fees

and disbursements, the Supreme Court has held that this is applicable only if
there is an agreement between the lawyer as to the payment of his fees and the

client is notified of the receipt of payment for him. There was no notice of the

payment made to the client, and no agreement between Atty. Jojo and

Arthur as to when the balance of the former's acceptance fee should be

made. In fact, Arthur promised to pay the same after presentation of his

evidence. Moreover, when Atty. Jojo deposited the balance of P50,000.00 in his

bank account , he violated Rule 16.02 which

d apart
provides that "a lawyer shall keep the funds of each client separate an

from his own and with those of others kept by him".

 IX

Atty. Tristan filed a motion to disqualify Judge Robert from hearing a civil
case on the ground that the latter was the classmate and fraternity brother of Atty.
Mark, Atty. Tristan's opposing counsel. Judge Robert denied the motion on the
ground that under Rule 3.12 of [the Code of Judicial Conduct, he is not required to
inhibit in all cases where his classmates and fraternity brothers are participating
lawyers in cases before him. Is Judge Robert correct in denying the motion? (5%)

SUGGESTED ANSWER:

Judge Robert is correct in denying the motion for inhibition on the

ground that he was the classmate of Atty. Tristan's adverse counsel. That one of

the counsels in a case was a classmate of the judge is not a mandatory ground for

his disqualification (Vda. de Bonifacio v. BLT Bus Co., Inc., G.R. No. L-26810, 34

August 31, 1970, 34 SCRA 618 [197011, Santos v. Lacurom, A.M. No. RTJ-04-1823,

August 28, 2006). However, he may inhibit on the discretionary ground that his

refusal to inhibit may reasonably cause the parties to lose trust and confidence

on the court.

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. (5%)

SUGGESTED ANSWER:

The sub judice rule restricts comments and disclosures pertaining to

g case,
pending judicial proceeding, not only by participants in the pendin
also to the public
members of the bar and bench, litigants and witnesses, but in
rder to avoid prejudging
general, which necessarily includes the media, in o the
ministration of justice. A
issue, influencing the court, or obstructing the ad
violation of this rule may render one liable for indirect contempt under Sec. 3
(d), Rule 71 of the Rules of Court. The specific rationale for the sub judice

rule is that courts, in the decision of issues of fact and law should be immune

from every extraneous influence; that facts should be decided upon evidence

produced in court; and that the determination of such facts should be

uninfluenced by bias, prejudice or sympathies. (Marantan v. Diokno, 716

SCRA 164, G.R. No. 205956, February 12, 2014). After a case is decided;
however, the decision is open to criticism, subject only to the condition that all

such criticism shall be bona fide, and shall not spill over the walls of decency

and propriety.

"A wide chasm exists between fair criticism, on the one hand, and abuse and

slander of courts and the judges thereof, on the other. Intemperate and unfair

criticism is a gross violation of the duty of respect to courts. It is such a misconduct

that subjects a lawyer to disciplinary action" (In re Almacen, G.R. L-27654, 18

February, 1970, 31 SCRA 562 119701).

In this case, the published comment of Atty. Harold was made after the
decision of the Supreme Court was rendered, but the same was not yet final. The
case was still pending. Hence, the publication of such comment was
inappropriate, and Atty. Harold may be penalized for indirect contempt of
court.

ALTERNATIVE ANSWER:

Although the comment of Atty. Harold was made while the case was
technically still pending, it was made after a decision was rendered, and the
comment made is within the grounds of decency and propriety. Hence, the
lawyer does not deserve punishment for the same.

XI

George, an American citizen doing business in the Philippines, bought a lot in

e required
Manila and secured the services of Atty. Henry for the execution of th
sing the name of
documents. Atty. Henry prepared a Deed of Sale of Land u
George's friend, Pete, as the buyer. In order to protect George's interests and
an indefinite period of
ensuring his free and undisturbed use of the property for
time, Atty. Henry also prepared a Counter Deed of Sale and Occupancy Agreement
signed by Pete in favor of George. A competitor of George filed a complaint for
disbarment against Atty. Henry on the ground that he violated the Constitution and the
CPR. Rule on the complaint and explain. (5%)

SUGGESTED ANSWER:

I will rule in favor of the complainant, In the case of Donlon v.

Tansingco, (A.C. No. 6057, June 27, 2006, 493 SCRA 1 [2006]), which involves the

same facts as in this case, the Supreme Court held that in preparing an

Occupancy Agreement, the lawyer in the said case advised and aided a

foreigner in circumventing the constitutional prohibition against foreign

ownership of land. Thus, the Supreme Court held that the lawyer used his

knowledge of the law to achieve an unlawful end, which amounts to

malpractice in his office, for which he may be suspended. That ruling is

equally applicable in this case.

XII

Jaybee engaged the services of Atty. Pete to defend him in a criminal case for
murder. During trial, when the defense was presenting its evidence, Jaybee
admitted to Atty. Pete that he killed the victim in the case. Atty. Pete withdrew
from the case. Jaybee sued Atty. Pete for disbarment alleging that the latter
violated Canon 15 of the CPR that "a lawyer shall observe candor, fairness and
loyalty in all his dealing and transactions with his client" and Canon 17 of the CPR that
"a lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and
confidence reposed in him. " Rule on the case and explain. (5%)

SUGGESTED ANSWER:

I will rule in favor of Atty. Pete. A lawyer's duty of entire devotion to his

client's cause must be performed within the bounds of the law. Canon 19 of the

Code of Professional Responsibility provides that "a lawyer shall represent

his client with zeal within the bounds of the law". Canon 15 of the Canons of

Professional Ethics also provides that:

"The lawyer owes 'entire devotion to the interest of the

f his rights
client, warm zeal in the maintenance and defense o
 and the exertion of his utmost learning and ability,' to the end that
nothing be taken or be withheld from him, save by the rules of law,
legally applied. No fear of judicial disfavor or public popularity
should restrain him from the full discharge of his duty. In the
judicial forum the client is entitled to the benefit of any and every
remedy and defense that is authorized by the law of the land, and he
may expect, his lawyer to assert every such remedy or defense. But
it is steadfastly to be borne in mind that the great trust of the
lawyer is to be performed within and not without the bounds of
the law. The office of the attorney does not permit, much less
does it demand of him for any client, violation of law or any
manner of fraud or chicanery. He must obey his own conscience and
not that of his client".

Moreover, Rule 19.02 of the Code of Professional Responsibility

provides that "a lawyer who has received information that his client has in the

course of his representation, perpetuated fraud upon a person or tribunal,

shall promptly call upon the client to rectify the same, and failing which he

shall terminate the relationship with such client in accordance with the Rules of

Court". But, of course, the Atty. Pele [should] not reveal what Jaybee

revealed to him, because the same is covered by the duty of confidentiality

under Canon 21 of the same code.

XIII

Atty. Dennis is the head of the Provincial DILG Office in Sultan Kudarat. In
view of the lack of lawyers and notaries public in the province and because of
numerous requests that the DILG provide a notary public, Atty. Dennis was
constrained to apply for a commission for the RTC, which was granted. He was able
e only
to notarize thousand of documents and affidavits until Atty. Antonio, th notary
d violation
public in the province, charged Atty. Dennis with misconduct an of the CPR.
Is the charge correct? Explain. (5%)
SUGGESTED ANSWER:

The performance of the duties of a notary public constitutes practice of

law. A lawyer in the govei1nment service may either be prohibited from

practicing law during his tenure, or allowed to practice but subject to some
restrictions. There is no law prohibiting a Provincial DILG Officer from
practicing his profession. But as a Civil Service officer, he can do so only with
the consent of his Department Head (Catu v. Rellosa, A.C. No. 5738. Feb. 19, 2008).

XIV

Sonia, who is engaged in the lending business, extended to Atty. Roberto a

loan of P50,000.00 with interest of P25,000.00 to be paid not later than May 20
2016. To secure the loan, Atty. Roberto signed a promissory note and issued a
postdated check. Before the due date, Atty. Roberto requested Sonia to defer the
deposit of the check. When Atty. Roberto still failed to pay, Sonia deposited the
check which was dishonored. Atty. Roberto ignored the notice of dishonor and
refused to pay.

[a] Did Atty. Roberto commit any violation of the CPR? Explain. (2.5%).

SUGGESTED ANSWER:

[a] Atty. Roberto committed a violation of Canon 1, Rule 1.01,

Canon 7 and Rule 7.03 in issung a bouncing check. He should very well know that
the issuance of a bouncing check is an unlawful act, a crime involving moral
turpitude (Co v. Bernardino, A.C. No. 3919,January 28, 1998) .

[b] Can he be held civilly liable to Sonia in an administrative case for

suspension or disbarment? Explain. (2.5%)

SUGGESTED ANSWER:

[b] No. The sole issue in an administrative case is the determination

of whether or not a lawyeris still fit to continue being a lawyer. The

intimately
Supreme Court will not ordr the return of money which is not
related to a lawyer-client relationship (Wong v. Moya, A.C. 6972, October 17, 2008;
o. 10681, Feb. 3, 2015).
Sps.Concepcion v. Atty. de la Rosa, A.C. N
 XV

Atty. Alex entered into an agreement for his legal services with Johnny
where it is provided that the latter will pay him P100,000.00 as acceptance fee and
P100,000.00 upon submission of the case for decision. The court granted Johnny
moral damages, exemplary damages and attorney's fees of P100,000.00. After
execution of the judgment, Atty. Alex kept the P100,000.00 as his attorney's fees.
Johnny sued Atty. Alex for violation of the CPR claiming that the attorney's fees
award by the court belong to him. Decide the case with reasons. (5%)

SUGGESTED ANSWER:

I will rule in favor of Johnny. The P100,000.00 awarded to him as

moral damages, exemplary damages and attorney's fees, are items of
damages which are due to him as plaintiff in the case. Attorney's fees
awarded to a party pursuant to Article 2208 of the New Civil Code, constitute
extraordinary attorney's fees which belong to the client, not to the lawyer. It is
not the ordinary attorney's fees which is the compensation due from a client
to his lawyer.

XVI

Pedro was accused of the crime of murder before the RTC and was found
guilty of homicide. His counsel, Atty. Nestor, told him that he will file an appeal
before the Court of Appeals (CA) because he believes that the claim of self-
defense of Pedro will be given merit by the appellate court and that he will be
acquitted. Pedro explains that he is amenable to the penalty imposed upon him. Despite
the opposition of the accused, Atty. Nestor went on with the appeal. The CA decided
that the conviction should be for murder in view of the qualifying circumstance. A
petition with the High Court proved futile. Pedro hires you to file a disbarment suit
against Atty. Nestor. What cannon or rule of the CPR will you use as ground for the
suit. Explain. (5%)

SUGGESTED ANSWER:

I will base my action on Canon 19, particularly Rule 19.03 of the Code of

Professional Responsibility which provides that "a lawyer shall not allow the
e of the
client to dictate the procedure in handling the case." The other sid coin of
ithin the sole
this rule is that the substantive aspects of the case are w
authority of the client to decide. The lawyer's authority is limited only to the
procedural aspects of the case. Certainly, the matter of whether or not to
appeal an adverse decision is a substantive matter which is exclusively for the
client to decide. Having filed an appeal against the decision of his client, the
lawyer should be held liable for its negative result.

XVII

Jojo, a resident of Cavite, agreed to purchase the lot owned by Tristan, a

resident of Bulacan. Atty. Agaton, Jojo's lawyer who is also a notary public,
prepared the Deed of Sale and Jojo signed the document in Cavite. Atty. Agaton then
went to Bulacan to get the signature of Tristan. Thereafter, Atty. Agaton went back to
his office in Cavite where he notarized the Deed of Sale.

Is the notarization legal and valid? Explain. (5%)

SUGGESTED ANSWER:

The notarization is not legal and valid. Rule IV, Section 2 (b) of the
2004 Rules on Notarial Practice provides that a person shall not perform a
notarial act if the person involved as signatory to the instrument or document is
not personally in the notary's presence at the time of notarization. Tristan was
not in Atty. Agustin's presence when the latter notarized the deed of sale in his
office in Cavite; moreover, Tristan signed in Bulacan which is outside the Atty.
Agustin's territorial jurisdiction.

XVIII

City Prosecutor Philip prosecuted the criminal case for the murder of the city
mayor against the accused Reynaldo, the losing mayoralty candidate. There was no
private prosecutor and Phillip personally handled the prosecution of the case from
arraignment up to the presentation of the evidence for the accused. Before the trial,
Alfonso approached Phillip and confessed that he is the killer of the city mayor and
not Reynaldo. When the case was called for trial, Phillip manifested before the court
ayor
that Alfonso approached him and admitted that he killed the m and asked the court
he counsel for the
for whatever proper action it may take. T accused took advantage of
was placed on the witness
the presence of Alfonso, who stand and elicited testimonial
ventually acquitted Reynaldo.
evidence. The court e The heirs of the city mayor filed a
e against Phillip on the ground
disbarment cas
that it is his duty to see to it that the criminal is convicted and punished. They
believed Reynaldo is the real killer and Alfonso was only a fall guy and that
Reynaldo could not have been acquitted were it not for the disclosure of Philip.
Phillip argues that the City Prosecutor is not for the offended party or the heirs of the
victim but it is his main duty that "Justice be done". Did Phillip commit any violation
of the CPR? Explain. (5%)

SUGGESTED ANSWER:

Phillip did not commit any violation of the Code of Professional

Responsibility. Rule 6.01 categorically states that "the primary duty of a

lawyer engaged in public prosecution is not to convict but to see that justice is

done. The suppression of facts or the concealment of witnesses capable of

establishing the innocence of the accused is highly reprehensible and is cause for

disciplinary action". A public prosecutor "is a representative not of an

ordinary party in a controversy, but of a sovereignty whose obligation to

govern impartially is as compelling as its obligation to govern at all" (Suarez

v. Platon, 69 Phil. 556, G.R. No. 46371, 7 February, 1990).

XIX

St. Ivan's Hospital, Inc. (St. Ivan's) and Allied Construction Co. (Allied)
separately retained the legal services of Tomas and Benedicto Law Offices. St.
Ivan's engaged the services of Allied for the construction of a new building but
failed to pay the contract price after the completion of the works. A complaint for sum
of money was filed by Atty. Budoy, a former associate of Tomas and Benedicto
law Offices, on behalf of Allied against St Ivan's. St. Ivan's lost the case and was
held liable to Allied.

Thereafter, St Ivan's filed a disbarment complaint against Atty. Budoy. It

claimed that while Atty. Budoy has established his own law office, an arrangement was
made whereby Tomas and Benedicto Law Offices assign cases for him to handle,
and that it can be assumed that Tomas and Benedicto Law Offices collaborate
of
with Atty. Budoy in the cases referred to him, creating a conflict interest. Rule on
the complaint with reasons. (5%)

SUGGESTED ANSWER:
st Atty. Budoy. St. Ivan's was
I will rule in favor of St. Ivan's and again a
ffices, of which Atty. Budoy was a
client of Tomas and Benedicto Law O
associate attorney. As such, St. Ivan's was also his client, because of the

principle that when a party hires a law firm, he hires all the lawyers therein.
Moreover, Atty. Budoy was in a position to know the information transmitted by
St. Ivan's to the firm. "There is conflict of interest if the acceptance of a new
retainer will require the lawyer to perform an act which will injuriously affect
his new client in any matter in which he represents him, and also whether he
will be called upon in his new relation to use against his first client any knowledge
acquired during their relation" (Hornilla v. Salunat, 453 Phil. 108, A.C. No. 5804,
July 1, 2003).

"As such, a lawyer is prohibited from representing new clients whose

interests oppose those of a former client in any manner, whether or not they are
parties in the same action or on totally unrelated cases. The prohibition is
founded on the principles of public policy and good taste" (Anglo v. Atty.
Valencia, A.C. No. 10567, February 25, 2015).

XX

Atty. Gail was separated from her husband, Dino, for more than ten (10)
years due to incompatibility. She fell in love with Mica who was also separated from
her husband. She filed a petition for the declaration of nullity of her marriage with
Dino, and also a petition for the declaration of nullity of the marriage of Mica with her
husband. While the cases were pending, Atty. Gail and Mica lived in their
respective residences but were often seen together in parties, events and in public
places. Dino filed a disbarment complaint against Atty. Gail for immorality, alleging
that Atty. Gail and Mica are lovers. Decide whether Atty. Gail should be sanctioned
for immorality. (5%)

SUGGESTED ANSWER:

I will rule in favor of Atty. Gail. In the first place, being seen together
of
with Mica in parties, events and public places is not sufficient proof
willful, flagrant
immorality, which has been defined as "that conduct which is or
opinion of good
shameless, and which shows a moral indifference to the and
a v. Maniwang, A.M. No.
respectable members of the community" (Arcig 1608,
sides, I will be mindful of the
August 14, 1981; 106 SCRA 591). Be
injunction in Section 1, Canon 5 of the New Code of Conduct for the

Philippine Judiciary, which provides that "a judge shall be aware of, and

understand, diversity in society and differences arising from various sources,

including but not limited to race, religion, national origin, caste, disability,

age, marital status, sexual orientation, social and economic status and other like

causes."

- o0o
2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex

I.

Define the following terms: (4%)


(A) counsel de oficio

(B) counsel de parte

(C) amicus curiae

(D) attorney of record

SUGGESTED ANSWER

(A) counsel de officio – a lawyer appointed by the court to represent a


party who cannot afford to secure a lawyer to represent him in a case.

(B) counsel de parte – a lawyer chosen by a party to represent him in a

case.

(C) amicus curiae – literally, a friend of the court; a lawyer appointed by

the court, not to represent a party to the case, but to advise the court on
intricate questions of law in a case that the lawyer may have some
expertise in

(D) counsel of record – a lawyer whose name and address appears in the
or a case as representing a party; same as a counsel de parte.

II.

In open court, accused Marla manifested that she had already settled in
full the civil aspect of the criminal case filed against her in the total
amount of P58,000.00. Marla further alleged that she paid directly to
private complainant Jasmine the amount of P25,000.00. The balance of
P33,000.00 was delivered to Atty. Jeremiah, Jasmine’s lawyer,
evidenced by a receipt signed by Atty. Jeremiah himself.

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However, Jasmine manifested that she did not receive the amount of
P33,000.00 which Marla turned over to Atty. Jeremiah. Despite
Jasmine’s requests to turn over the money, Atty. Jeremiah failed to do so.
It was only after Jasmine already filed an administrative complaint
against Atty. Jeremiah that the latter finally paid the P33,000.00 to the
former, but in three installment payments of P11,000.00 each. Atty.
Jeremiah claimed that he decided to hold on to the P33,000.00 at first
because Jasmine had not yet paid his attorney’s fees.

Is Atty. Jeremiah administratively liable? Explain. (3%)

SUGGESTED ANSWER

Atty. Jeremiah is administratively liable for violating Rule 16.01 of the

Code of Professional Responsibility (CPR) which provides that “a
lawyer shall account for all money and property collected or received by
him for or from the client.” His claim that he held on to the P33,000.00
because his client Jasmine had not yet paid his attorney’s fees, is lame.
Rule 16.03 of the CPR provides that “a lawyer shall have a lien over the
funds (of the client) and may apply as much thereof as may be necessary
to satisfy his lawful fees and disbursements, giving notice promptly
thereafter to his client”. But the Supreme Court has held that this can be
availed of by a lawyer only if there is an agreement between him and the
client as to the amount of his attorney’s fees. There is no evidence of
such agreement in this case. In fact, Atty. Jeremiah claimed his exercise
of a retaining lien only after an administrative case was already filed
against him; moreover, it is belied by the fact that Atty. Jeremiah paid
the P33,000.00 to his client Jasmine, albeit in installments.

III.
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2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex

Maria and Atty. Evangeline met each other and became good friends at
zumba class. One day, Maria approached Atty. Evangeline for legal
advice. It turned out that Maria, a nurse, previously worked in the
Middle East. So she could more easily leave for work abroad, she
declared in all her documents that she was still single. However, Maria
was already married with two children. Maria again had plans to apply
for work abroad but this time. wished to have all her papers in order.
Atty. Evangeline, claiming that she was already overloaded with other
cases, referred Maria’s case to another lawyer. Maria found it appalling
that after Atty. Evangeline had learned of her secrets, the latter refused to
handle her case. Maria’s friendship with Atty. Evangeline permanently
turned sour after Maria filed an administrative case against the latter for
failing to return borrowed jewelry. Atty. Evangeline, on the other hand,
threatened to charge Maria with a criminal case for falsification of public
documents, based on the disclosures Maria had earlier made to Atty.
Evangeline.

(A) Was the consultation of Maria with Atty. Evangeline considered

privileged? (1%)

(B) What are the factors to establish the existence of attorney-client

privilege? (3%)

SUGGESTED ANSWER

(A) The consultation of Maria with Atty. Evangeline is considered

privileged. In the case of Hadjula v. Madianda (A.C. No. 6711, July 3,
2007), which involves basically the same facts, the Supreme Court held
as follows:

“As it were, complainant went to respondent, a lawyer who incidentally

was also then a friend, to bare what she considered personal secrets and
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2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex

sensitive documents for the purpose of obtaining legal advice and

assistance. The moment complainant approached the then recep tive
respondent to seek legal advice, a veritable lawyerclient relationship
evolved between the two. Such relationship, imposes upon the lawyer
certain restrictions circumscribed by the ethics of the profession. Among
the burdens of the relationship is that which enjoins the lawyer,
respondent in this instance, to keep inviolate confidential information
acquired or revealed during legal consultations. The fact that one is, at
the end of the day not inclined to handle the client’s case is hardly of
consequence. Of little moment too, is the fact that no formal professional
engagement follows the consultation. Nor will it make any difference,
that no contract whatsoever was executed by the parties to memorialize
the relationship.”

(B) In the same case, the Supreme Court cited Wigmore on the factors
essential to establish the attorney-client privilege as follows:

(1) Where legal advise of any kind is sought (2) from a professional
legal adviser in his capacity as such, (3) the communication relating to
that purpose, (4) made in confidence (5) by the client (6) are at his
instance permanently protected (7) from disclosure by himself or by the
legal advisor, (8) except the protection be waived.”

IV.

The Lawyer’s Oath is a source of obligation and its violation is a ground

for suspension, disbarment, or other disciplinary action. State in
substance the Lawyer’s Oath. (3%)

SUGGESTED ANSWER

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2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex

I, ________, having been permitted to continue in the practice of law in

the Philippines, do solemnly swear that I recognize the supreme
authority of the Republic of the Philippines; I will support its
Constitution and obey the law as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the
doing of any in court; I will not wittingly or willingly promote or sue
any groundless, false or unlawful suit, nor give aid nor consent to the
same; I will delay no man for money or malice, and will conduct myself
as a lawyer according to the best of my knowledge and discretion with
all good fidelity as well to the courts as to my clients; and ! impose upon
myself this voluntary obligation without any mental reservation or
purpose of evasion. So help me God.”

V.

Judge Ana P. Sevillano had an issue with the billings for the per cellular
phone services of her 16-year-old daughter for the last three consecutive
months. Although Judge Sevillano had been repeatedly came the
Customer Service Hotline of Universal Telecoms, the billings issuem
never fully settled to Judge Sevillano’s satisfaction. Finally, Judge
Sevillante wrote the National Telecommunications Commission a letter
of compra against Universal Telecoms, using her official court stationery
and signing the letter as “Judge Ana P. Sevillano.” Did Judge Sevillano
violate any professional or ethical standard for judges? Justify your
answer. (3%)

SUGGESTED ANSWER

Judge Sevillano violated Section 8, Canon 4, of the New Code of

Judicial Conduct for the Philippine Judiciary, which provides that
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“judges shall not use or lend the prestige of the judicial office to advance
their private interests, or those of a member of their family or of anyone
else, nor shall they convey or permit others to convey the impression
that anyone is in a special position improperly to influence them in the
performance of judicial duties”, as well as Rule 6.02 of the Code of
Professional Responsibility which provides that “a lawyer in the
government service shall not use his public position to promote or
advance his private interests, nor allow the latter to interfere with his
public duties”.

In the case of Ladigon v. Garong (A.M. MTJ-08-1712, August 20,

2008), where a Municipal Trial Court Judge wrote a letter to a religious
organization abroad, about the complaint of one of its members, using
the stationary of his court and signing with his title of “Judge”, the
Supreme Court held with regard to the use of the stationary, that “In the
present case, the respondent Judge crossed the line of propriety when he
used his letterhead to report a complaint involving an alleged violation
of church rules and, possibly, of

Philippine laws. Coming from a judge with the letter addressed to a
foreign reader, such report could indeed have conveyed the impression
of official recognition or notice of the reported violation.”

With regard to the use of the judge’s title in signing the letter, the
Supreme Court held that:

“The same problem that the use of letterhead poses, occurs in the use of
the title of judge or Justice in the correspondence of a member of the
Judiciary. While the use of the title is an official designation as well as
an honor that an incumbent has earned, a line still has to be drawn based
on the circumstances of the use of the appellation. While the title can be
used for social and other identification purposes, it cannot be used with
the intent to use the prestige of his judicial office to gainfully advance
his personal, family or other pecuniary interests. Nor can the prestige of
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a judicial office be used or lent to advance the private interests of others,

or to convey or permit others to convey the impression that they are in a
special position to influence the judge. To do any of these is to cross into
the prohibited field of impropriety.”

VI.

Casper Solis graduated with a Bachelor of Laws degree from Achieve

University in 2000 and took and passed the bar examinations given that
same year. Casper passed the bar examinations and took the Attorney’s
Oath together with other successful bar examinees on March 19, 2001 at
the Philippine International Convention Center (PICC). He was
scheduled to sign the Roll of Attorneys on May 24, 2001 but he
misplaced the Notice to Sign the Roll of Attorneys sent by the Office of
the Bar Confidant after he went home to the province for a vacation.
Since taking his oath in 2001, Casper had been employed by several law
firms and private corporations, mainly doing corporate and taxation
work. When attending a seminar as part of his Mandatory Continuing
Legal Education in 2003, Casper was unable to provide his roll number.
Seven years later in 2010, Casper filed a Petition praying that he be
allowed to sign the Roll of Attorneys. Casper alleged good faith, initially
believing that he had already signed the Roll before entering PICC for
his oath-taking on March 19, 2001.

a. Can Casper already be considered a member of the Bar and be

allowed to use the title of “attorney”? Explain. (1%)

b. Did Casper commit any professional or ethical transgression for

which he could be held administratively liable? (2%)

c. Will you grant Casper’s Petition to belatedly sign the Roll of

Attorneys? Why? (2%)
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SUGGESTED ANSWER

(A) Casper cannot already be considered a member of the Bar and be

allowed to use the title of attorney. In the case of In Re: Petition to Sign
on the Roll of Attorneys, Michael A. Medado, Petitioner (B.M. No.
2540, September 24, 2013), and Aguirre v. Rana (B.M. No. 1036, June
10, 2003, 451 SCRA 428), involving the same facts, the Supreme Court
held that it is the act of signing the Roll of Attorneys that makes a
successful Bar examinee a full-fledged member of the Philippine Bar.

(B) He can be held liable for unauthorized practice of law. Canon 9 of

the Code of Professional Responsibility provides that a lawyer shall not
directly or indirectly assist in the unauthorized practice of law.” In the
Medado case, the Supreme Court held that “while a reading of Canon 9
appears to merely prohibit lawyers from assisting in the unauthorized
practice of law, the unauthorized practice of law by the lawyer himself is
subsumed under this provision, because at the heart of Canon 9 is the
lawyer’s duty to prevent the unauthorized practice of law”.

(C) I will grant Casper’s petition to belatedly sign the Roll of Attorneys.

He demonstrated good faith and moral character in voluntarily filing his
petition. He did not wait for a third party to file a complaint against him
for his transgression. However, he should be allowed to sign the Roll
only one year afterwards, which is tantamount to a suspension, as was
done in the Medado case.

VII

Cite some of the characteristics of the legal profession which distinguish

it from business. (4%)
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2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex

SUGGESTED ANSWER

The primary characteristics which distinguish the legal profession from a

business are:

(1) a duty of public service of which emolument is a by-product, and in
which one may attain the highest eminence without making much
money;

(2) a relation as officer of the court to the administration of justice
involving thorough sincerity, integrity and reliability;

(3) a relation to client in the highest degree fiduciary;

(4) a relation to colleagues characterized by candor, fairness and
unwillingness to resort to current business methods of advertising and
encroachment on their practice, or dealing directly with their clients (In
Re Sycip, 92 SCRA 1).

VIII

Engr. Gilbert referred his friends, spouses Richard and Cindy Maylupa,
to Atty. Jane for the institution of an action for partition of the estate of
Richard’s deceased father. In a letter, Atty. Jane promised to give Engr.
Gilbert a commission equivalent to 15% of the attorney’s fees she would
receive from the spouses Maylupa. Atty. Jane, however, failed to pay
Engr. Gilbert the promised commission despite already terminating the
action for partition and receiving attorney’s fees amounting to about
P600,000.00. Engr. Gilbert repeatedly demanded payment of his
commission but Atty. Jane ignored him. May Atty. Jane professionally or
ethically promise a commission to Engr. Gilbert? Explain. (3%)

SUGGESTED ANSWER

Atty. Jane may not professionally or ethically promise a commission to
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Engr. Gilbert. Rule 9.02 of the Code of Professional Responsibility

(CPR) provides that “a lawyer shall not divide or stipulate to divide a fee
for legal services with persons not authorized to practice law”.

IX.

(A) Explain the doctrine of quantum meruit in determining the amount

of attorney’s fees. (2%)

(B) Identify the factors to be considered in determining attorney’s fees

on a quantum meruit basis. (2%)

SUGGESTED ANSWER

(A) Quantum meruit means as much as the services of a lawyer are

worth.

Recovery of attorney’s fees on the basis of quantum meruit is authorized
when (1) there is no express contract for the payment of attorney’s fees;
(2) although there is a contract for attorney’s fees, the fees stipulated are
found unconscionable by the court; (3) the contract for attorney’s fees is
void due to formal defects of execution; (4) the lawyer was not able to
finish the case for justifiable cause; (5) the lawyer and the client
disregard the contract for attorney’s fees; and (6) the client dismissed his
counsel or the latter withdrew therefrom, for valid reasons.

(B) The factors are those set in Rule 20.01 of the Code of Professional

Responsibility (CPR), as follows:

a) the time spent and the extent of the services rendered or required;
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b) the novelty and difficulty of the questions involved;

c) the importance of the subject matter;

d) the skill demanded;

e) the probability of losing other employment as a result of acceptance

of the proffered case;

f) the customary charges for similar services and the schedule of fees of
the IBP chapter to which he belongs;

g) the amount involved in the controversy and the benefits resulting to
the client from the service;

h) the contingency or certainty of compensation;

i) the character of the employment, whether occasional or established;
and

j) the professional standing of the lawyer.”

The spouses Manuel were the registered owners owners of a parcel of

land measuring about 200,000 square meters. On May 4, 2000, Manuel
sold the land for P3,500,000.00 to the spouses Rivera who were issued a
certificate of title of the said lands. Because the Spouses Rivera falled to
pay the balance of the purchase price for the land, the spouses Manuel,
through Atty. Enriquez, instituted an action on March 18, 2010 before
the Regional Trial Court (RTC) for sum of money and/or annulment of
sale, docketed as Civil Case No. 1111. The complaint in Civil Case No.
1111 specifically alleged that Atty. Enriquez would be paid P200,000.00
as attorney’s fees on a contingency basis. The RIC subsequently
promulgated its decision upholding the sale of the land to the spouses
Rivera. Atty. Enriquez timely filed an appeal on behalf of the spouses
Manuel before the Court of Appeals. The appellate court found for the
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spouses Manuel, declared the sale of the land to the spouses Rivera null
and void, and ordered the cancellation of the spouses Rivera’s certificate
of title for the land. The Supreme Court dismissed the spouses Rivera’s
appeal for lack of merit. With the finality of judgment in Civil Case No.
1111 on October 20, 2014, Atty. Enriquez filed a motion for the issuance
of a writ of execution.

Meanwhile, the spouses Rivera filed on November 10, 2014 before the
RTC a case for quieting of title against the spouses Manuel, docketed as
Civil Case No. 2222. The spouses Manuel, again through Atty. Enriquez,
filed a motion to dismiss Civil Case No. 2222 on the ground of res
judicata given the final judgment in Civil Case No. 1111. Pending the
resolution of the motion to dismiss in Civil Case No. 2222, the RTC
granted on February 9, 2015 the motion for issuance of a writ of
execution in Civil Case No. 1111 and placed the spouses Manuel in
possession of the land. Atty. Enriquez, based on a purported oral
agreement with the spouses Manuel, laid claim to 1/2 of the land,
measuring 100,000.00 Square meters with market value of
P1,750,000.00, as his attorney’s fees.

Atty. Enriquez caused the subdivision of the land in two equal portions
and entered into the half the appropriated for himself. Based on the
professional and ethical standards for lawyers, may Atty. Enriquez claim
1/2 of the land as his contingency fee? Why? (4%)

SUGGESTED ANSWER

Atty. Enriquez may not claim 1/2 of the land as his contingency fee. In
the first place, a lawyer cannot charge his client a contingent fee or a
percentage of the amount recovered as his fees in the absence of an
express contract to that effect (Corpus v. Court of Appeals, G.R. No.
L-40424, June 30, 1980, 98 SCRA 424). There is no such contract in this
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case. As a matter of fact, the claim of a purported oral agreement for a

contingency fee of 1/2 of the land is contradicted by the allegation in the
Complaint in Civil Case No. 1111 for a contingency fee of P200,000.00
only. Moreover, the amount claimed as contingent fee appears to be
excessive and unreasonable. The issue involved in the case was simple
and did not require extensive skill, effort and research on the part of
Atty. Enriquez. Furthermore, Atty. Enriquez caused the division of the
land and appropriated one half thereof, pending resolution of the motion
to dismiss in Civil Case No. 2222. This constitutes a violation of Article
1491 of the New Civil Code, because the case in which the property is
involved has not yet been terminated (The Conjugal Partnership of the
Spouse Cadavedo v. Victorino T. Lacaya, G.R. No. 173188, January 15,
2014).

XI

Atty. Belinda appeared as counsel for accused Popoy in a case being

heard before Judge Tadhana. After Popoy was arraigned, Atty. Belinda
movcu a resetting of the pre-trial conference. This visibly irked Juage
and and so before Atty. Belinda could finish her statement, Judge
Tadhana cut her off by saying that if she was not prepared to handle the
case, then he could easily assign a counsel de oficio for Popoy. Judge
Tadhana also uttered that Atty. Belinda was wasting the precious time of
the court. Atty. Belinda tried to explain that she was capable of handling
the case but before she could finish her explanation, Judge Tadhana
again cut her off and accused her of always making excuses for her
incompetence. Judge Tadhana even declared that he did not care if Atty.
Belinda filed a thousand administrative cases against him. According to
Atty. Belinda, Judge Tadhana had also humiliated her like that in the past
for the flimsiest of reasons. Even Atty. Belinda’s clients were not spared
from Judge Tadhana’s wrath as he often scolded witnesses who failed to
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respond immediately to questions asked of them on the witness stand.

Atty. Belinda filed an administrative case against Judge Tadhana. Do the
acts of Judge Tadhana as described above constitute a violation of the
Code of Judicial Conduct? Explain. (3%)

SUGGESTED ANSWER

Judge Tadhana has violated Section 6, Canon 6 of the New Code of

Judicial Conduct for the Philippine Judiciary which provides that:”Sec.
6. Judges shall maintain order and decorum in all proceedings before the
court, and be patient, dignified and courteous in relation to litigants,
witnesses, lawyers and others

with whom the judge deals in an official capacity. Judges shall require
similar conduct of legal representatives, court staff and others subject to
their influence, direction or control”

The Supreme Court has held as follows:

“The duty to maintain respect for the dignity of the court applies to
members of the bench and bar alike. A judge should be courteous both in
his conduct and in his language especially to those appearing before
him. He can hold counsels to a proper appreciation of their duties to the
court, their clients and the public in general without being petty,
arbitrary, overbearing, or tyrannical.. He should refrain from conduct
that demeans his office and remember that courtesy begets courtesy.
Above all, he must conduct himself in such a manner that he gives no
reason for reproach” (Ruiz v. Bringas, A. H. No. MTJ-00-1266, April 6,
2000, 330 SCRA 62).

XII

(A) What is the best form of advertising possible for a lawyer (27)

(B) What are the allowable or permissible forms of advertising by a
lawyer? (3%)
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SUGGESTED ANSWER

(A) The best form of advertising is a well-merited reputation for

professional capacity and fidelity to trust, which must be earned as an
outcome of character and conduct (Ulep v. Legal Clinic, Inc., Bar Matter
No.553, June 17, 1993, 223 SCRA 378 [2012]).

(B)

1. Publication in reputable law lists of brief biographical and honest
informative data; 2. Use of an ordinary professional business card;

3. Announcements of specialization and availability of service in a legal
journal for lawyers; 4. Seeking of appointment to a public office
requiring lawyers;

5. Advertising to seek full-time position as counsel for a corporation;

6. Offering free legal service to indigents through radio broadcasts or
printed matter;

7. Announcement of opening of a law firm, changes ofpersonnel, firm
name or office address;

8. Listings in a telephone directory.

XIII

In a land registration case before Judge Lucio, the petitioner is

represented by the second cousin of Judge Lucio’s wife.

(A) Differentiate between compulsory and voluntary disqualification and
determine if Judge Lucio should disqualify himself under either
circumstance. (3%)

(B) If none of the parties move for his disqualification, may Judge Lucio
proceed with the case? (2%)

SUGGESTED ANSWER

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(A) In compulsory disqualification, the judge is compelled to inhibit

himself from presiding over a case when any of the ground provided by
the law or the rules exist. Under Section 1, Rule 137 of the Revised
Rules of Court, no judge or judicial officer shall sit in any case (1) in
which he, or his wife or child, is pecuniarily interested as heir, legatee,
creditor or otherwise, or (2) in which he is related to either party within
the sixth degree of consanguinity or affinity or to counsel within the
fourth degree computed according to the rules of the civil law, or (3) in
which he has been executor, administrator, trustee or counsel, or (4) in
which he has presided in any inferior court when his ruling or decision is
the subject of review, without the written consent of all parties in interest
and entered upon the record.

Section 5, Canon 3 of the New Code of Judicial Conduct for the

Philippine Judiciary adds the following grounds:

a) the judge has actual bias or prejudice concerning a party or personal
knowledge of dispute the proceedings;

b) knowledge of disputed evidentiary facts concerning the judge has

previously served as a lawyer or was witness in the matter under
controversy.

In voluntary disqualification, a judge may inhibit himself in the exercise

of his discretion. Paragraph 2. Rule 137 of the Revised Rules of court
provides that “a judge may, in the exercise of his sound discretion,
disqualify himself from sitting in a case, for just and valid reasons other
than those mentioned above”. The New Code of Professional Conduct
for the Philippine Judiciary adds that “judges shall disquality themselves
from participating in any proceedings in which they are unable to decide
the matter impartially or in which it may appear to a reasonable observer
that they are unable to decide the matter impartially.” There is no
mandatory ground for Judge Lucio to disqualify himself. The second

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cousin of his wife, a sixth degree relative, is appearing not as a party but
as a counsel.

(B) If none of the parties moves for his disqualification, Judge Lucio
may

proceed with the case. All the more so if, without the participation of the
judge, the parties and their lawyers execute a written agreement that
Judge Lucio may proceed with the same, and such agreement is signed
by them and made a part of the records of the case.

XIV

Identify and briefly explain three of the canons under the New Code of
Judicial Conduct for the Philippine judiciary. (6%)

SUGGESTED ANSWER

(Any three of the following:)

Canon No. 1 – Independence. Judicial independence is a pre-reguisite to

the rule of law and a fundamental guarantee of a fair trial. A judge shall
therefore uphold and exemplify the judicial function independently on
the basis of their assessment of the facts and in accordance a
conscientious understanding of the law, free from any extraneous
influence, inducement, pressure, threat or interference, direct or indirect,
from any quarter or for any reason.

Canon No. 2 – Integrity. Integrity is essential not only to the proper

discharge of the judicial office but also to the personal demeanor of
judges. The behavior and conduct of judges must reaffirm the people’s

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faith in the integrity of the judiciary. Justice must not be merely done but
must also be seen to be done.

Canon No. 3. – Impartiality. Impartiality is essential to the proper

discharge of the judicial office. It applies not only to the decision itself
but also to the process by which the decision is made. Judges shall
perform their judicial functions without favor, bias or prejudice.

Canon No. 4. – Propriety. Propriety and the appearance of propriety are

essential to the performance of all the activities of a judge. Judges shall
avoid impropriety and the appearance of impropriety in all their
activities.

Canon No. 5. – Equality. Ensuring equality of treatment to all before the

courts is essential to the performance of the judicial office. Judges shall
be aware of, and understand, diversity in society and differences arising
from various sources, including, but not limited to, race, color, sex,
religion, national origin, caste, disability, age, marital status, sexual
orientation, social and economic status and other like causes.

Canon No. 6. – Competence and Diligence. Competence and diligence

are prerequisites for the due performance of judicial office. Judges shall
take reasonable steps to maintain and enhance their knowledge, skills
and personal qualities necessary for the proper performance of judicial
duties.

XV

Jon served as Chief Executive Officer (CEO) of PBB Cars, Inc. (PRR)
family-owned corporation engaged in the buying and selling of second
hand cars. Atty. Teresa renders legal services to PBB on a retainer basis
In 2010, Jon engaged Atty. Teresa’s services for a personal case. Attu
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Teresa represented Jon in a BP. Big. 22 case filed against him by the
spouses Yuki, Jon paid a separate legal fee for Atty. Teresa’s services,
Jon subsequently resigned as CEO of PBB in 2011. In 2012, Atty. Teresa
filed on behalf of PBB a complaint for replevin and damages against Jon
to recover the car PBB had assigned to him as a service vehicle. Atty.
Teresa, however, had not yet withdrawn as Jon’s counsel of record in the
BP Big. 22 case, which was still then pending. jon filed an
administrative case for disbarment against Atty. Teresa for representing
conflicting interests and violating the Code of Professional
Responsibility. Atty. Teresa countered that since the BP Big. 22 case and
the replevin case are unrelated and involved different issues, parties, and
subject matters, there was no conflict of interest and she acted within the
bounds of legal ethics.

Is Atty. Teresa’s contention tenable? Explain. (3%)

SUGGESTED ANSWER

The Supreme Court has adopted the following tests for determining
conflict of interest.

(1) Whether a lawyer is duty bound to fight for an issue or claim in
behalf of one client, and at the same time, to oppose that claim for
another client.

(2) Whether the acceptance of a new relation would prevent the full
discharge of his duty of undivided loyalty to his client.

(3) Whether the acceptance of a new relation would invite suspicion of
unfaithfulness or double-dealing in the performance of his duty of
fidelity and loyalty.

(4) Whether in the acceptance of the new relation, he would be called
upon to injure his former client on a matter that he has handled for him,
or require him to reveal information that his former client has given to
him.

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Although the case for replevin filed by Atty. Teresa against Jon is
different from the BP Big. 22 case she was handling for him, the
pendency of the two cases at the same time is likely to invite suspicion
of unfaithfulness or double-dealing in the performance of her duty and
fidelity to Jon Teresa’s contention is, therefore, not tenable.

XVI

Atty. Luna Tek maintains an account in the social media network calls
Twitter and has 1,000 followers there, including fellow lawyers and
some clients. Her Twitter account is public so even her non-followers
could see and read her posts, which are called tweets. She oftentimes
takes to Twitter to vent about her daily sources of stress like traffic or to
comment about current events. She also tweets her disagreement and
disgust with the decisions of the Supreme Court by insulting and
blatantly cursing the individual Justices and the Court as an institution.

(A) Does Atty. Luna Tek act in a manner consistent with the Code of
Professional Responsibility? Explain the reasons for your answer. (3%)

(B) Describe the relationship between a lawyer and the courts. (3%)

SUGGESTED ANSWER

(A) Atty. Luna Tek did not act in a manner consistent with the Code of
Professional Responsibility (CPR). Canon 11 of the Code provides that
“a lawyer shall observe and maintain the respect due to the courts and to
judicial officers and should insist on similar conduct with others”. As an
officer of the court, a lawyer should set the example in maintaining a
respectful attitude towards the court. Moreover, he should abstain from
offensive language in criticizing the courts. Atty. Luna Tek violated this
rule in insulting and blatantly cursing the individual Justices and the
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Supreme Court in her tweets. Lawyers are expected to carry their ethical
responsibilities with them in cyberspace (Lorenzana V. Judge Ma.
Cecilia L. Austria, A.M. No. RTJ-09-2200, April 2, 2014).

(B) A lawyer is an officer of the court. As such, he is as much a part of

the machinery of justice as a judge is. The judge depends on the lawyer
for the proper performance of his judicial duties. Thus, Canon 10 enjoins
a lawyer to be candid with the courts; Canon 11 requires him to show
respect to judicial officers; and Canon 12 urges him to exert every effort
and consider it his duty to assist in the speedy and efficient
administration of justice.”

XVII

Give three instances when a lawyer is allowed to withdraw bis/her

services. (3%)

SUGGESTED ANSWER

(Any three of the following)

1. When the client pursues an illegal or immoral course of conduct in

connection with the matter he is handling;

2. When the client insists that the lawyer pursue conduct violative of
these canons and rules;

3. When his inability to work with co-counsel will not promote the best
interest of the client;

4. When the mental or physical condition of the lawyer renders it
difficult for him to carry out the employment effectively;

5. When the client deliberately fails to pay the fees for the services or
fails to comply with the retainer agreement;


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6. When the lawyer is elected or appointed to a public office.


7. Other similar cases.

XVIII

Atty. Javier sold a piece of land in favor of Gregorio for P 2,000,000.00.

Atty. Javier drafted the Deed of Sale with Right to Repurchase which he
and Gregorio signed on August 12, 2002. Under said Deed, Atty. Javier
represented that he had”the perfect right to dispose as owner in fee
simple” the land and that the land is “free from all liens and
encumbrances. The Dec also stated that Atty. Javier had two years within
which to repurchase is property. Atty. Javier turned over the owner’s
copy of his certificate of title, TCT No. 12121, to Gregorio. Gregorio
then immediately took possession of the land.

Atty. Javier failed to exercise his right to repurchase within two years.
Gregorio sent Atty. Javier a letter dated April 8, 2005 demanding that the
latter already repurchase the property. Despite receipt of Gregorio’s
letter, Atty. Javier still failed to repurchase the property. Gregorio
remained in peaceful possession of the land until July 25, 2013, when he
received notice from Trustworthy Bank informing him that the land was
mortgaged to said bank, that the bank already foreclosed on the land,
and that Gregorio should therefore vacate the land. Upon investigation,
Gregorio discovered that Atty. Javier’s TCT No. 12121 had already been
cancelled when another bank foreclosed on a previous mortgage on the
land, but after a series of transactions, Atty. Javier was able to reacquire
the land and secure TCT No 34343 for the same. With TCT No. 34343,
Atty. Javier constituted another mortgage on the land in favor of
Trustworthy Bank on February 22, 2002. Gregorio was subsequently
dispossessed of the property. Gregorio filed an administrative complaint
against Atty. Javier. In his defense, Atty. Javier argued that he could not
be held administratively liable as there was no attorney-client
relationship between him and Gregorio. Moreover, the transaction was
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not actually one of sale with right to repurchase, but one of equitable
mortgage, wherein he still had the legal right to mortgage the land to
other persons.

(A) If you are tasked to investigate and report on Gregorio’s

administrative complaint against Atty. Javier, what will be your
recommendation and finding? (3%)

(B) in the same administrative case, may Atty. Javier be ordered to

return the P2,000,000.00 purchase price to Gregorio? Explain. (3%)

SUGGESTED ANSWER

(A) In the case of Saladagay. Atty. Arturo Astorga (A.C. No. 4697,
November 25, 2014), involving the same facts, the Supreme Court found
that:

“Respondent dealt with complainant with bad faith, falsehood, and

deceit when he entered into the “Deed of Sale with Right to Repurchase”
dated December 2, 1981 with the latter. He made it appear that the
property was covered by TCT No. T-662 under his name, even giving
complainant the owner’s copy of the said certificate of title, when the
truth is that the said TCT had already been cancelled some nine years
earlier by TCT No. T-3211 in the name of PNB. He did not even care to
correct the wrong statement in the deed when he was subsequently
issued a new copy of TCT No. T-7235 on January 4, 1982, 21 days or
barely a month after the execution of the said deed. All told, respondent
clearly committed an act of gross dishonesty and deceit against
complainant (Canon 1 and Rule 1.01 of the Code of Professional
Responsibility)”.

Consequently, the Court held that:

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“The actions of respondent in connection with the execution of the

“Deed of Sale with Right to Repurchase”

clearly fall within the concept of unlawful, dishonest, and deceitful
conduct. They violate Article 19 of the Civil Code. They show a
disregard for Section 63 of the Land Registration Act. They also reflect
bad faith, dishonesty, and deceit on respondent’s part. Thus, respondent
deserves to be sanctioned.”

Following the said precedent, I will recommend that Atty. Javier be
likewise sanctioned.

(B) However, Atty. Javier may not be ordered to return the
P2,000,000.00 to Gregorio in the administrative case. This is a civil
liability which is best determined in a civil case. The sole issue in an
administrative proceeding is whether or not the respondent deserves to
remain a member of the Bar (Concepcion and Blesilda S. Concepcion v.
Atty. Elmer A. Dela Rosa, A.C. No. 10681, February 3, 2015).

XIX

(A) What are the grounds for disbarment or suspension from office of an
attorney? ( 4%)

(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? (2%)

SUGGESTED ANSWER

(A) Under Sec. 27, Rule 138, the grounds for suspension or disbarment
of a lawyer are “any deceit, malpractice or other gross misconduct in
such office, grossly immoral conduct, or by reason of conviction of a
crime involving moral turpitude, or for any violation of the oath which
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he is required to take before admission to practice, or for a willful

disobedience appearing as an attorney for a party or to a cause without
authority to do so”. The practice of soliciting cases for the purposes of
gain, either personally or through paid agents or brokers constitutes
malpractice.

(B) He may also be disbarred or suspended in the Philippines, if the


ground for his suspension or disbarment in a foreign jurisdiction is also a
ground for suspension or disbarment here. He is, however, still entitled
to notice and hearing, and the decision of the foreign tribunal will only
be prima facie evidence of his guilt.

XX

Cecilio is one of the 12 heirs of his father Vicente, who owned an tural
land located in Bohol. Cecilio filed a complaint charging Judge Love
Koto with abuse of discretion and authority for preparing and not a
document entitled “Extra-judicial Partition with Simultaneous Sale”
executed by Cecilio’s mother Divina and brother Jose. Jose signed on
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
sald 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.
(3%)

SUGGESTED ANSWER

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Municipal Trial Court judges are notaries public ex oficio; however, they
may notarize only such documents as are related to their functions. The
exception to this is that, in remote municipalities where there is no
notary public available, an MTC judge may notarize a private document
provided that he shall state in his certification the absence of a notary
public in the municipality, and that the notarial fees should be paid to the
Municipal Treasurer. Assuming, nevertheless, that the exception applies
in this case, Judge Koto should not have notarized the “Extra-Judicial
Partition with Simultaneous Deed of Sale” submitted to him for
notarization. This is because not all of the parties concerned signed and
appeared before him. In the particular case of Cecilio, his brother Jose
signed for him purportedly on the basis of a Special Power of Attorney.
Judge Koto should have asked for the production of the Special Power
of Attorney and determined whether or not Cecilio indeed authorized
Jose to sign the deed of partition and sale on his behalf.

XXI

Judge Junior attended the 50th birthday party of his fraternity brother,
Atty. Vera. Also present at the party was Atty. Rico who was Atty. Vera’s
classmate way back in high school and who was handling Civil Case No.
5555 currently pending before Judge Junior’s court. Well-aware that
Atty. Rico had a case before his sala, Judge Junior still sat next to Atty.
Rico at a table, and the two conversed with each other, and ate and drank
together throughout the night. Since Atty. Vera was a well-known
personality, his birthday party was featured in a magazine. The opposing
party to Atty. Rico’s client in Civil Case No. 5555, while flipping
through the pages of the magazine, came upon the pictures of Judge
Junior and Atty. Rico together at the party and used said pictures as
bases for instituting an administrative case against Judge Junior. Judge
Junior, in his answer, reasoned that he attended Atty. Vera’s party in his
private capacity, that he had no control over who Atty. Vera invited to
the party, and that he and Atty. Rico never discussed Civil Case No.
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5555 during the party. Did Judge Junior commit an administrative

infraction? Explain. (3%)

SUGGESTED ANSWER

Section 3, Canon 4 of the New Code of Conduct for the Philippine

Judiciary provides that “judges shall, in their personal relations with
individual members of the legal profession who practice regularly in
their court, avoid situations which might reasonably give rise to the
suspicion of favouritism or partiality.” The act of Judge Junior in sitting
next to Atty. Rico, a lawyer whom he knew had a case before his sala,
and dining and conversing with him throughout the night, violates the
foregoing rule. It tends to give rise to suspicion of partiality. It is
improper conduct for which he may be reprimanded.

XXII

(A) Describe briefly the Mandatory Continuing Legal Education for a

member of the Integrated Bar of the Philippines and the purpose of the
same. (2%)

(B) Name three parties exempted from the MCLE. (3%)

SUGGESTED ANSWER

(A) Mandatory Continuing Legal Education (MCLE) is a rule

promulgated by the Supreme Court requiring all lawyers, with a few
exceptions, to earn 36 units of legal education every three (3) years. Its
purpose is to ensure that members of the bar keep abreast with law and
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juris: prudence, maintain the ethics of the profession, and enhance the
standards of the practice of law.

(B) Select three from the following:

a. President and Vice-President, Secretaries and Undersecretaries of

Executive Departments;

b. Senators and Members of the House of Representatives;

c. Chief Justice and Associate Justices of the Supreme Court, incumbent
and retired members of the judiciary, incumbent members of the Judicial
and Bar Council, incumbent court

lawyers covered by the Philippine Judicial Academy:

d. Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries
of the Department of Justice;

e. Solicitor General and Assistant Solicitor General;

f. Government Corporate Counsel, Deputy and Assistant Government
Corporate Counsel;

g. Chairmen and Members of Constitutional Commissions;

h. The Ombudsman, over-all Deputy Ombudsman, Deputy Ombudsman
and Special Prosecutor of the Office of the Ombudsman;

I. Heads of government agencies exercising quasi-judicial functions;

j. Incumbent deans, bar reviewers and professors of law who have
teaching experience for at least ten years in accredited law schools;

K. The Chancellor, Vice-Chancellor and members of the Corps of
Professors and Professorial Lecturers of the Philippine Judicial
Academy.

XXIII

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Atty. Billy, a young associate in a medium-sized law firm, was in a rush

to meet the deadline for filing his appellant’s brief. He used the internet
for legal research by typing keywords on his favorite search engine,
which led him to many websites containing text of Philippine
jurisprudence. None on these sites was owned or maintained by the
Supreme Court. He found a case he believed to be directly applicable to
his client’s cause, so he copied the text of the decision from the blog of
another law firm, and pasted the text to the document he was working
on. The formatting of the text he had copied was lost when he pasted it
to the document, and he could not distinguish anymore which portions
were the actual findings or rulings of the Supreme Court, and which
were quoted portions from the other sources that were used in the body
of the decision. Since his deadline was fast approaching, he decided to
just make it appear as if every word he quoted was part of the ruling of
the Court, thinking that it would not be discovered. Atty. Billy’s
opponent, Atty. Ally, a very conscientious former editor of her school’s
law journal, noticed many discrepancies in Atty. Billy’s supposed
quotations from the Supreme Court decision when she read the text of
the case from her copy of the Philippine Reports. Atty. Billy failed to
reproduce the punctuation marks and font sizes used by the Court.
Worse, he quoted the arguments of one party as presented in the case,
which arguments happened to be favorable to his position, and not the
ruling or reasoning of the Court, but this distinction was not apparent in
his brief. Appalled, she filed a complaint against him.

(A) Did Atty. Billy fail in his duty as a lawyer? What rules did he
violate, if any? (2%)

(B) How should lawyers quote a Supreme Court decision? (2%)

SUGGESTED ANSWER

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(A) Atty. Billy has violated Canon 10, Rules 10.01 and 10.02 of the
Code of Professional Responsibility (CPR) which provide as follows:

CANON 10. A LAWYER OWES CANDOR, FAIRNESS AND GOOD
FAITH TO THE COURT. Rule 10.01. A lawyer shall not do any
falsehood, nor consent to the doing of any in court; nor shall he mislead
or allow the Court to be misled by any artifice. Rule 10.02. A lawyer
shall not knowingly misquote or misrepresent the contents of a paper,
the language or the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite a law a provision already
rendered inoperative by repeal or amendment, or assert as a fact that
which has not been proved.

(B) They should be verbatim reproductions of the Supreme Court’s

decisions, down to the last word and punctuation mark (Insular Life
Assurance Co., Ltd., Employees Association v. Insular Life Assurance
Co., Ltd., G.R. No. L-25291, January 30, 1971, 37 SCRA 244).

XXIV

An anonymous letter addressed to the the Supreme Court was sent by

one concerned citizen, complaining against Judge Hambog, ing Judge of
the RTC of Mahangin City, Branch 7. Malcolm X reported that Judge
Hambog is acting arrogantly in cours and inappropriate language; and
embarrassing and insulting parties, witnesses, and even lawyers
appearing before him. Attached to the letter were pages from transcripts
of records in several cases heard before Judge Hambog, with Judge
Hambog’s arrogant, abusive, inappropriate, embarrassing and/or
insulting remarks or comments highlighted.

(A) Will the Court take cognizance of the letter-complaint even coming
from an anonymous source? Explain. (2%)

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2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex

(B) Describe briefly the procedure followed when giving due course to a
complaint against an RTC judge. (3%)

SUGGESTED ANSWER

(A) Yes. Section 1, Rule 140 of the Revised Rules of Court provides that
proceedings for the discipline of judges of regular and special courts,
and Justices of the Court of Appeals and the Sandiganbayan, may be
instituted “upon an anonymous complaint, ‘supported by public records
of indubitable integrity”.

(B) If the complaint is sufficient in form and substance, a copy thereof

shall be sent to the respondent, and he shall be required to comment
within 10 days from date of service. Upon the filing of the respondent’s
comment, the Supreme Court shall refer the matter to the Office of the
Court Administrator for evaluation, report and recommendation, or
assign the case to a Justice of the Court of Appeals, for investigation,
report and recommendation. The investigating Justice shall set a date for
the hearing and notify the parties thereof, and they may present
evidence, oral or documentary, at such hearing. The investigating Justice
shall terminate the investigation within 90 days from its commencement,
and submit his report and recommendation to the Supreme Court within
30 days from the termination of the investigation. The Supreme Court
shall take action on the report as the facts and the law may warrant (Rule
140).

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