RULES ON THE CONDUCT OF THE BAR EXAMINATIONS 1.

No refund of the examination fee will be allowed, whether or not your petition to take the Bar Examinations is approved. In case you are unable to take the examinations, seventy-five percent (75%) of the said fee may be applied to a future Bar Examinations. 2. Failure to take the test in any subject will bar you from taking the rest of the examinations. (Res., October 1, 1968) 3. Always bring with you your Notice of Admission, which shall serve as your pass to the examination compound/room. 4. Bringing of deadly weapons, cameras, tape recorders, cellphones, other radio or stereo equipment, communication gadgets or any other electronic device is STRICTLY PROHIBITED. 5. You are required to come early. Gates open at 5:00 A.M. and 12:00 P.M. on examination days and close at 7:30 A.M. and 1:30 P.M., afterwhich no one will be allowed to enter without permission from the Chairman. 6. Upon arrival at the examination compound in the morning of each examination day, consult the bulletin boards along the ground corridors and on the floor to which you are assigned for your room assignment. 7. For an easy and orderly location of your assigned building and room, you are required to wear your colorcoded Identification Card at all times. When you arrive at the examination area, you are required to proceed to your room assignment and not to wander around. 8. Eating inside the classrooms and anywhere inside the examination buildings is STRICTLY PROHIBITED. Eating is however allowed in the following areas: a) gazebo area, b) pebble wash area, and c) Chess Plaza. As mandated by the De la Salle University Administration SMOKING is STRICTLY PROHIBITED anywhere within the premises even in open spaces. 9. You will be allowed to enter your room before the start of the examination upon submission of your Notice of Admission to the headwatcher, but you have to conduct yourself properly by avoiding loud discussions and conversations. Attend to your personal needs before the FIRST BELL. 10. At the sound of the FIRST BELL (7:45 A.M. and 1:45 P.M.), no examinee will be allowed to leave the room. All books and notes should then be placed in front of the room. An examinee will be considered cheating if caught with notes or codigos during the examination.

11. A name card will be given to you by the headwatcher which should be STRICTLY ACCOMPLISHED in the following manner and order: 1. PRINT your complete name as follows family name, given name and middle name on the first line; 2. Affix your CUSTOMARY SIGNATURE on the second line; 3. INDICATE THE SCHOOL where you finished your law course at the bottom of the card; 4. Affix your RIGHT THUMBMARK on the space provided therefor; 5. INSERT the name card into the envelope, which is attached to the examination notebook, after the headwatcher has signed at the back thereof ; and, 6. Ask the headwatcher to SEAL THE ENVELOPE. 12. Only fountain pens and sign pens in permanent blue, blue-black or black ink should be used during examinations. Variation in the color of ink and the style of your handwriting should be avoided. 13. Begin answering at the sound of the SECOND BELL (8:00 A.M. and 2:00 P.M.). Anyone caught answering before the Second Bell will be dealt with accordingly. 14. Per SC Resolution dated 3 February 2009 in Bar Matter No. 1161 (Re: Proposed Reforms in the Bar Examinations), each Bar subject is now divided into two (2) parts, namely: Part I and Part II. There will still be one (1) set of questionnaire and notebook per Bar subject but the same shall be divided into said Part I and Part II. Examinees may start writing their answers for each part beginning on the page of the notebook where the words Begin Answering on this Page appear. He/she has the discretion on which part to answer first. 15. In correcting a mistake in your answer, simply draw a line across the word or words you want to change. DO NOT ERASE OR TEAR OFF ANY PAGE OF THE NOTEBOOK. DO NOT WRITE YOUR NAME IN THE NOTEBOOK OR MAKE ANY UNNECESSARY MARKING OR USE ANY IMPERTINENT EXPRESSION which may be construed as a means of identifying your notebook. Names of persons should be represented by letters of the alphabet such as A, B, C, etc., unless particular names are called for. 16. Write your answers on one side of the paper only on the face and not on the back page. In case all the front pages have been consumed, you may use the back pages commencing on the first leaf and so on.

17. The THIRD BELL signifies that only five (5) minutes are left before the end of the examination. 18. When you finish answering or at the sound of the FOURTH BELL (12:00 NOON and 5:00 P.M.), as the case may be, submit your notebook together with the questionnaire. 19. After every examination and before leaving the room, ask for your Notice of Admission from the headwatcher who shall accomplish the certification at the back thereof. 20. Your Notice of Admission will be retained by the headwatcher at the end of the last examination. i.e., Legal Ethics and Practical Exercises. 21. ANY VIOLATION OF THE FOREGOING RULES WILL BE CONSIDERED SUFFICIENT CAUSE FOR THE NULLIFICATION OF YOUR EXAMINATION AND DISQUALIFICATION FROM FUTURE BAR EXAMINATIONS.

Cayetano vs. Monsod 201 SCRA 210 September 1991 Facts: Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of chairman of the COMELEC. Petitioner opposed the nomination because allegedly Monsod does not posses required qualification of having been engaged in the practice of law for at least ten years. The 1987 constitution provides in Section 1, Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. Issue: Whether the respondent does not posses the required qualification of having engaged in the practice of law for at least ten years. Held: In the case of Philippine Lawyers Association vs. Agrava, stated: The practice of law is not limited to the conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers incident to actions and special proceeding, the management of such actions and proceedings on behalf of clients before judges and courts, and in addition, conveying. In general, all advice to clients, and all action taken for them in matters connected with the law incorporation services, assessment and condemnation services, contemplating an appearance before judicial body,

the foreclosure of mortgage, enforcement of a creditors claim in bankruptcy and insolvency proceedings, and conducting proceedings in attachment, and in matters of estate and guardianship have been held to constitute law practice. Practice of law means any activity, in or out court, which requires the application of law, legal procedure, knowledge, training and experience. The contention that Atty. Monsod does not posses the required qualification of having engaged in the practice of law for at least ten years is incorrect since Atty. Monsods past work experience as a lawyereconomist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyernegotiator of contracts, and a lawyer-legislator of both rich and the poor verily more than satisfy the constitutional requirement for the position of COMELEC chairman, The respondent has been engaged in the practice of law for at least ten years does In the view of the foregoing, the petition is DISMISSED. Marx Andrei Oscar V. Yaun Legal Research

However, in most of our cases, we will identify the elder or disabled person as our client. We will do this regardless of who is paying the bill. Conflicts of Interest. Second, lawyers have an ethical obligation to avoid conflicts of interest. This means that, in most situations, a lawyer may only represent one individual. For example, when legal planning involves property, such as a family home, in which several people have an interest, these interests are actually or potentially conflicting. Sometimes joint representation is possible, even with potential conflicts of interest, but it is more likely that we will be representing only the older person whose interests are at stake. We find that we do the best job for the older person by representing only him or her. This is especially true when the older person wants to discuss a power of attorney, a will, or planning for longterm care. Confidentiality. Third, lawyers have an obligation to keep information and communications between our client and us confidential. That Your parent or other elder relative is getting legal advice. means that we cannot share client information with other family members without the clients approval. Some clients want all information shared and family members involved in discussions. Some merely want family members to be given general updates. Some want complete confidentiality. It differs from person to person. In all cases, we strive to keep our clientsand whomever they choose to involvefully informed of the issues, options, consequences, and costs relevant to their concerns, and to be responsive to their goals and objectives. Competency. Fourth, lawyers have special ethical responsibilities in working with clients whose capacity for making decisions may be diminished. Lawyers must treat the impaired person with the same attention and respect to which every client is entitled. This means meeting privately with the client and giving him or her enough time to explain what he or she wants. But Moms not going to be able to explain (or understand, or remember) everything! you might say. We find that most older people who come here are able to tell us what the problem is and how we can help. Sometimes well need to ask relatives for details such as addresses or dates or phone numbers, but even people in the early stages of Alzheimers disease can usually communicate well enough to give us direction. Assessing a clients capacity to make decisions is part of our getting to know the client. While most clients can explain a problem and what it is they want, there will be some clients who cannot. Speaking privately

allows us to find this out. When family members answer all the questions, it makes it difficult for us to determine our clients level of understanding. There will be times when we conclude that a client does not have the legal capacity to complete a requested document, such as a power of attorney or a will. If that happens, we will not be able to assist with that particular task. We may, however, be able to explore other options. If a client is unable to make decisions due to diminished capacity, and is at risk of serious physical, financial, or other harm, the ethics rules require us to consider actions to protect that client. This may include consulting with others to assess the clients situation or taking steps to preserve a legal or personal interest of the client. As we decide what steps to take, we will be guided by our clients wishes and values and best interests, and we will do our best to intrude as little as possible on his or her right to make decisions.

Understanding the Four C's By Laurence J. Cutler , Robin C. Bogan

of

Elder

Law

Ethics

Shouldnt you be included? After all, you might be very involved in helping him or her with important matters. Perhaps you even arranged this appointment. There are several reasons why lawyers need to meet with your family member or friend alone for at least part of the case evaluation process, so please dont be alarmed or offended. Family involvement is very important, but to understand the way legal services are provided to elder or disabled clients, it may help first to understand the Four Cs of elder law ethics that lawyers are required to follow. We are happy to discuss these ethical guidelines or any other aspect of our legal services. Above all, we seek to promote the dignity, self-determination, and quality of life of your loved one. Client Identification. First, all lawyers have an ethical obligation to make it very clear who their client is. The client is the person whose interests are most at stake in the legal planning or legal problem. The client is the onethe only one to whom the lawyer has professional duties of competence, diligence, loyalty, and confidentiality. This is especially important in elder law, because family members may be very involved in the legal concerns of the older person, and may even have a stake in the outcome. It is possible, in some circumstances, for more than one family member to be clients of the same lawyer. This is common with married couples.