SAN

BEDA COLLEGE ALABANG SCHOOL OF LAW

MUNTINLUPA CITY
LEGAL PROFESSION

Questions asked from the quiz (7 questions):

1. What is your concept of legal education? What are the three levels of legal education?
The term legal education is generally understood to mean the special training that goes into the making of a lawyer but it has long been
recognized that this education does not end with admission to the bar. Legal education at three levels, namely: (1) legal education of the
people; (2) legal education as professional training; and (3) continuing legal education.

2. What does clinical legal education afford to law students? What does a student do in legal apprenticeship?
Clinical legal education affords law students with opportunity to participate in legal work through the interviewing of clients, counseling,
investigation; limited appearance in lower courts and administrative agencies; (2) it acquaints them with real problems; and (3) it gives them
the opportunity to extend legal assistance to poor litigants. Students act as law clerks in lower courts.

3. When was Legal Profession introduced for the first time as a law subject in accredited law schools all over the country? What are the two
other law subjects added upon the approval of the model law curriculum?
The model law curriculum which was approved in 1990 introduced for the first time Legal Profession as a first year law subject in accredited
law schools all over the country. Under the model law curriculum Legal Counseling and Problem Areas in Legal Ethics are two other subjects
added.

4. What is the paramount objective of these three subjects?
The paramount objective of these subjects is to stress the moral responsibility of a lawyer in relation to his client, the court, the bar and the
community. This is but proper since ethics is the bedrock of the profession

5. Do you agree that the acts of a private law practitioner involve public concerns? Why?
The acts of a private law practitioner involve public concerns. His pleadings and memoranda in court are part of the public records. The
documents he drafts as a notary public become public documents. In fine, all acts of a lawyer in a the performance of his function involve
public matters.

6. What are the five contributions of the Supreme Court to improve legal education in the Philippines?
1. Revision of the Rules of Court
2. Adoption of a Code of Judicial Conduct and a Code of Conduct for Court Employees
3. Creation of a Philippine Judicial Academy for the mandatory continuing legal education of members of the judiciary.
4. Adoption of New Code of Judicial Conduct
5. Adoption of Code of Professional Responsibility

7. Which agency of the judiciary has jurisdiction over bar matters? Which agency of the government regulates all matters affecting admission to
the Philippine bar?
All matters which affect admission to the Bar are regulated by the Supreme Court pursuant to its rule-making power under Rule 138 of the
Rules of Court. Law schools in the Philippines are subject to the administrative supervision of the Legal Education Board.

8. When did Legal Education start in the Philippines? This was followed in what year and in what law school?
Legal education started in the Phil. as early 1733 at the UST with the establishment of the Faculties of Civil Law and Canon Laws. After 178
long years, the college of Law of U.P. was established on January 12, 1911.

9. What are the bar exam subjects?
The bar examination subjects are: a. Civil Law, b. Labor and Social Legislation, c. Mercantile Law, d. Criminal Law, e. Political Law and
International Law, f. Taxation, g. Remedial Law and h. Legal Ethics and Practical Exercises.

10. Give two expanded activities of law schools. What should be the type of questions that should be asked in the bar exams?
Clinical activities, principally legal aid services, internship in law offices, courts and government agencies have now been introduced in the
curriculum of some law schools. Bar examiners should limit objective questions. They should not ask theoretical questions but should ask
more practical questions

Ramos vs. Imbang:

Issue 1: w/n a public lawyer can accept a private case:
Answer: No. Government employees are expected to devote themselves completely to public service. For this reason, the private practice of
profession is prohibited as provided by Section 7 (b) (2) of the Code of Ethical Standards for Public Officials and Employees. Thus, lawyers
in government service cannot handle private cases for they are expected to devote themselves full-time to the work of their respective
offices.

Issue 2: W/N a public lawyer can accept attys fees.
Answer: The PAO was created for the purpose of providing free legal assistance to indigent litigants. Section 14(3), Chapter 5, Title III, Book V of
the Revised Administrative Code provides: The PAO shall be the principal law office of the Government in extending free legal assistance
to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases. As a PAO lawyer, respondent should not have
accepted attorney's fees from the complainant as this was inconsistent with the office's mission.
Tolentino vs. Mendoza
Q: What is the laymans term for the charge against the lawyer who leaves his wife and cohabits with another woman.
A: Bigamy.
Q2: W/N Atty. Norberto Mendoza is guilty of grossly immoral conduct and gross misconduct.
Held: Yes. Good moral character is defined in Bar Matter No. 1154 ( GMC is what a person really is, as distinguished from good reputation or from
the opinion generally entertained of him, the estimate in which he is held by the public in place where he is known); Zaguirre vs. Castillo defined
immoral conduct : conduct which is willful, flagrant, or shameless as to show indifference to opinion of good and respectable members of

community. GMC is not only a condition precedent to admission to the Phil Bar but also a continuing requirement to maintain ones good standing
in the legal profession. Wherefore, Atty. Mendoza is hereby found GUILTY for violation of Rule 1.01 of the Code of Professional Responsibility
SUSPENDED INFIDENTLY until he submits satisfactory proof that he has abandoned his immoral course of conduct.

Other questions:

1. How are law students being taught before the introduction of these three law subjects in 1990?
In the past, the law student is taught to learn the law to be a successful law practitioner and to be able to win his cases without regard to
ethical and moral standards

2. How will the addition of these three law subjects affect the Legal Profession as envisioned by former Chief Justice Hilario Davide, Jr.?
The addition of the three aforementioned subjects augur well towards the achievement of Chief Justice Davides vision of a Legal Profession
which is ethical, responsible, effective, and responsive to the needs of public service

3. Please explain why the Legal Profession is admittedly the most prestigious profession in the Philippines.
The legal profession is admittedly the most prestigious profession in the Philippines. To gain prestige most people desire to have a lawyer in
the family. Among other professions, legal profession has the broadest education background for leadership in the community. In view of his
background in the social sciences and legal principles for the social ordering of society, a lawyer is a natural leader in the community. Lawyers
are leaders not only in politics but also in business and all kinds of human endeavor. The top positions in the government and private sectors
are usually occupied by lawyers.

4. Why does it take a lot of effort, time and money to be admitted to the bar?
It takes a lot of effort, time and money to be admitted to the noble profession. Thousands enroll in law schools annually and eventually obtain
the degree of bachelor of laws but very few are admitted to the bar.

5. What is the percentage of passing the bar exam? The percentage of passing the bar exams range from 20 to 30 percent.

6. Will the pendency of a criminal or administrative case against a bar candidate be a bar to his taking a lawyers oath
A successful bar examinee may not even be allowed to take his oath in view of the pendency of a criminal or administrative case against him.

7. Will conviction in a criminal or administrative case against a bar candidate affect his taking a lawyers oath?
A successful bar examinee may not even be allowed to take his oath in view of the pendency of a criminal or administrative case against him.

8. Do you agree that the law profession requires continuous study of law? Please explain.

The law student must read volumes of textbooks, statutes and judicial decisions. Upon graduation, he has to prepare for the bar by taking up a
5-month pre bar review course. If he successfully hurdles the bar exams and is admitted to the bar, he has to read recent decisions of the
Supreme Court and recent legislative acts affecting the legal professions. Indeed, the law profession requires continuous study of law.

9. Do you agree that there is an increasing number of candidates seeking admission into the Philippine bar? Please explain.
There is an increasing number of candidates seeking admission into the Philippine Bar annually. There are 1,631 bar examinees in 1973. The
number of examinees rose to 1,800 in 1980 and to 3,096 in 1990. For the year 2000, the number of examinees reached 4,698. As of the year
2004, the number of examinees rose to 5,249 while for the year 2008, the number of examinees reached 6,364.

10. What is the effect of the increasing number of laws and rapid changes in society?
The increasing no. of laws and rapid changes in society have made it imperative to determine if law schools are meeting the challenges posed
by out rapidly changing society. Since Proc. No. 1081 was passed declaring martial law in 1972 to June 12, 1978, when the Interim National
Assembly was inaugurated, 1,473 Presidential Decrees, 708 Letters of Instruction and 62 General Orders have been issued.

11. What are the suggested reforms in legal education? Among the suggested reforms in legal education are the following:
1. Abolition of the bar exam
2. Transfer of supervision of law schools from the Department of Education and Culture to the Supreme Court
3. Setting up a system for the voluntary accreditation of law schools
4. Revision of the Rules of Court
5. Adoption of a Code of Judicial Conduct and a Code of Conduct for Court Employees
6. Creation of a Judicial Academy for the mandatory continuing legal education of members of the judiciary.

12. Do you agree that the major fault in out legal education system is that it is geared to the all-important bar exam and that the law curriculum is
not suited to equip the lawyer with the proper tools to face the realities of life?
Yes. The major fault in our legal education system is that it is geared to the all-important bar examination. Our law curriculum is not suited to
equip the lawyer with the proper tools to face the realities of life.

13. From 1946 to 1956, the percentage of passing the bar ranged from 27% to 75%. The passing percentage dipped to 19% in 1957 and has
continued up to the present. What is the passing percentage now?
Approximately, a third of those who take the bar exam pass it. From 1946 to 1956 the percentage of passing the bar exam was quite high
ranging from 27% to 75%. The passing percentage dipped to 19% in 1957 and has continued up to the present. The passing percentage ranges
from 20 to 30% except in 1977 up to 1981 which has higher passing percentage.

14. Does the bar exam retain its validity as a gauge of ones fitness to gain admission to the Philippine bar?
The bar questions should test the power of analysis of the examinee rather than his power to memorize.

15. Should the bar exams be abolished?
If a decision to abolish the bar exam is reached, a feasible alternative compatible with the goals of legal education will have to be devised. The
bar exam may not be abolished now but it can stand a lot of improvement.
ND

LEGPROF HOMEWORK (2 SET)

1. What do you call the legal system introduced by the Americans?
The American occupation introduced a common law system.


2. What legal system was introduced by the Spaniards?
the Roman-Spanish legal system

3. According to Justice Regala, what is the biggest problem in the mortality rate of bar exams?
Judge de Veyra decries the students deficiency in language. According to Justice Regala, it was the biggest problem in the mortality rate of Bar
examinations

4. According to Atty. Ricardo Romulo, one of the main defects of legal education is mainly due to the bar exams. Why?
One of the main defects of legal education is mainly attributable to the Bar exams, which lay more emphasis on memory rather than reasoning.

5. What is the best teaching method?
Combination of Socratic and Recitation method.

6. Are you in favor of reducing the number of required bar subjects?
Yes. To increase the number of electives which a student can take.

7. What should be the type of questions in the bar exams?
The type of questions in the Bar exam must also be framed in such a way that it must text a students ability to reason. They must also seek out
the candidates understanding of the fundamental philosophy behind the law, his appreciation of its effect on human values and his ability to
weigh the sometimes conflicting interests of the individual and society.

10. What does legal education at the first level consist of?
Legal education at the first level may start form the grade school, through secondary schools to college, the instruction varying in content and
scope and depending on the students instructed. It may take place in schools or out of school

11. What does clinical legal education afford to law students?
Clinical legal education affords law students with opportunity to participate in legal work through the interviewing of clients, counseling,
investigation; limited appearance in lower courts and administrative agencies; (2) it acquaints them with real problems; and (3) it gives them
the opportunity to extend legal assistance to poor litigants.

CASE: Emilio Grande vs. Atty. Evangeline de Silva (A.C. No. 4838 July 29 2003)
Facts:

Grande sought disbarment for deceit and violation of Lawyers Oath relative to estafa and violation of BP 22.

Atty de Silva gave personal check (P144,768 for civil liability) in exchange for a withdrawal of criminal case (complaint) by Grande
against Sergio Natividad but the account was closed.

Complainant demanded for the payment but respondent ignored

Criminal case for: Estafa and Violation of BP 22 filed information by City of Marikina Prosecutor (Sep 22, 1997)

Nov 10, 1997 filed administrative case for disbarment deceit and violation of Lawyers Oath.

Respondent required to comment on Resolution dated Feb 2, 1998 within 10 days unserved at address in Antipolo(Moved);

June 20, 2001 Resolution sent to address at Pasig; unserved refused

Case referred to IBP Commission on Bar Discipline for investigation, report, and recommendation
Issue: Whether or not Atty de Silva should be disbarred for deceit and violation of Lawyers Oath.
Held: Yes. SC found that de Silva is guilty of deceit, gross misconduct, and violation of Lawyers Oath for which she was suspended from practice of
law (2) years.

The breach of trust committed by respondent in issuing a bouncing check amounted to deceit- constituted a violation of her oath which
she should be accordingly penalized

Such conduct is unbecoming and does not speak well of a member of the bar, for a lawyers professional and personal conduct must at
all times be kept beyond reproach and above suspicion.

Respondents persistent refusal to comply with lawful orders directed at her with not even an explanation is contumacious conduct.


Case: Felix E. Edquibal vs Atty. Roberto Ferrer, Jr. (AC No. 5687 Feb 3, 2005)
Facts:

Jan 8 2002 letter complaint under oath charging respondent against professional misconduct and neglect of duty

Complainant engaged in services of respondent to assist Mother in cases filed against her sister for a real property in Zambales

4/5 cases favorable to Edquibal

1 case adverse, respondent advised complainant to appeal to CA and cost P4k, complainant said he doesnt have enough money
respondent P2k enough. Appeal filed to CA but was dismissed for failure to file appellant brief.

June 2, 2003 respondent denied filing of appeal with CA or received P2k. Respondent said Complainant told him someone in CA can
help in appeal;

July 30 2003 referred complaint to IBP for investigation, report, and recommendation.

Mar 19, 2004 Atty Leland R. Villadolid (IBP Commissioner) report and recommendation Notice sent to counsel for defendants-
appellants requiring to file appellants brief within 45 days from receipt was received by respondent March 16, 2000.

Respondent should have immediately manifested he is not handling appeal - Sec 2 Rule 44 Rules of Civil Procedure counsel and
guardians ad litem of parties in court of origin shall respectively be considered as their counsel and guardians ad litem in CA
Issues: W/N Atty. Roberto ferrer is guilty of professional misconduct and neglect of duty
HELD: Yes. Respondent violated Canon 17 (a lawyer owes fidelity to the cause of his client and shall be mindful of the trust and confidence reposed
in him), Canon 18 (lawyer shall serve his client with competence and DILIGENCE) Diligence is the attention and care required of a person n a given
situation and is the opposite of negligence. Respondent is found guilty of professional misconduct and neglect of duty. He is SUSPENDED 3 mos
w/ warning ; directed to pay P2k

Case: Diana Ramos vs. Atty. Jose Imbang (AC 6788 Aug 23, 2007)
Facts:

complaint for disbarment for multiple violations of Code of Professional Responsibility

1992 Diana Ramos sought assistance for civil and criminal actions, she gave the respondent P 8500 as attys fee but latter issued P5k

complainant tried to attend hearings of cases, respondent never allowed her to enter courtroom and always to wait outside; after several
hours of waiting she would be informed that the hearing had been cancelled or rescheduled. Happed 6x 350/hearing for appearance

complainant became suspicious personally inquired found out that case never been filed and he is employed at PAO

defense: complainant requested to help her file for damages but because he was w PAO and complainant was not indigent he referred
her to Atty Tim Ungson but was unable to come up with acceptance fees. Complainant asked respondent to keep P5k for safekeeping and
asked for antedated receipt as favor;

IBP CBD Report and Recommendation to IBP Governors receipt was issued July 1992; respondent still w PAO, violating govt atty to
accept private case and receiving other fees other than salaries. CBD concluded respondent violated Code of Prof Res: Rules 1.01 (a
lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct); 16.01 (a lawyer shall account for all money or property
collected/received from client); 18.01 (a layer should not undertake a legal service which he knows that he is not qualified to render )

Recommended suspension 3 yrs and immediately return 5k

Issues: w/n a government lawyer can accept a private case
HELD: No. attys are expected to conduct themselves with honesty and integrity. More specifically, attys in govt service are expected to be more
conscientious of their actuations as they are subject to public scrutiny. They are not just members of the bar but public servants. Sec. 7 (b) (2) of
Code of Ethical Standards for Public Officials and Employees (Prohibited acts and transactions engage in private practice of profession unless
authorized by constitution or law, provided it will not conflict with official function); Canon Law 1 (a lawyer shall uphold to the constitution, obey the
laws of the land, and promote respect for law and legal processes); Aside from disregarding prohibitions and accepting attys fees respondent
surreptiously deceived complainant acts constituting dishonesty; Respondent found guilty of violating lawyers oath, Canon 1 Rule 1.01, Canon
18, Rule 18.91 of Code of Professional Responsibility DISBARRED

Case: Pedro G. Tolentino, Romeo M. Laygo, et. Al. vs. Atty. Norberto Mendoza
Facts:

Case filed for Grossly Immoral Conduct and Gross Misconduct

Respondent former Municipal Trial Court Judge; abandoned wife; cohabitated with Marilyn dela Fuente (married to Ramon Marcos);
fathered 2 children; declared in birth cert of children that they were married May 1986; Certificate of Candidacy 1995 married to
Felicitas Valderia; Certificate of Candidacy 1998 separated; acts constituting falsification of public documents; lack of good moral
character constitutes removal as member of the bar.

Respondent comment complainants are political opponents and are filing to exact revenge for the filing of criminal offenses against
them. Illegally procured copies of birth certificate of children in violation of Rule 24, AO #1 93 documents inadmissible as evidence;
respondent did not participate in preparation and submission of birth cert; respondent never declared has 2 wives; always declared
separated from wife felicitas; complainants issued complaint during elections yet people in Oriental Mindoro still elected him mayor (he
did not offend public sense of morality)

Feb 27, 2004 resolved to adopt and approve; findings: Evidences submitted by prosecution (birth cert; cert of candidacy; affidavits that
say Mendoza and dela Fuente cohabitated and introduced each other as husband and wife) are not hearsay and have not been rebutted.
Categorical statements taken together with other documents are enough to convince and conclude that respondent is not of good moral
character respondent has disregarded and made a mockery of the fundamental institution of marriage.
Issue: W/N Atty. Norberto Mendoza is guilty of grossly immoral conduct and gross misconduct.
Held: Yes. Good moral character is defined in Bar Matter No. 1154 ( GMC is what a person really is, as distinguished from good reputation or from
the opinion generally entertained of him, the estimate in which he is held by the public in place where he is known); Zaguirre vs. Castillo defined
immoral conduct : conduct which is willful, flagrant, or shameless as to show indifference to opinion of good and respectable members of
community. GMC is not only a condition precedent to admission to the Phil Bar but also a continuing requirement to maintain ones good standing
in the legal profession. Wherefore, Atty. Mendoza is hereby found GUILTY for violation of Rule 1.01 of the Code of Professional Responsibility
SUSPENDED INFIDENTLY until he submits satisfactory proof that he has abandoned his immoral course of conduct.